2011 Kentucky Revised Statutes Subtitle 8. Mortgage Loan Companies and Brokers 286.8.044 Notice of order in writing -- Administrative complaint -- Service -- Hearing.
KY Rev Stat § 286.8.044 (1996 through Reg Sess) What's This?
286.8-044 Notice of order in writing -- Administrative complaint -- Service -Hearing.
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Notice of entry of any order of suspension or denial of a license, registration, or
claim of exemption to any applicant, registrant, or licensee shall be given in writing
and served personally or sent by certified mail to the last known address of the
person affected. The affected person, upon timely written request to the
commissioner, shall be entitled to a hearing in accordance with the provisions of
KRS Chapter 13B; but if no written request is received within twenty (20) days of
service of the notice, the commissioner shall enter a final order suspending or
denying the license or registration.
The commissioner may file an administrative complaint against any person if it
appears on grounds satisfactory to the commissioner that a potential or actual
violation of this subtitle has been committed and when the person may be subject to
the penalties of KRS 286.8-046, 286.8-090, and 286.8-990. The commissioner shall
serve the administrative complaint by certified mail or personal delivery to the last
known address of the person named in the complaint. The person named in the
administrative complaint shall be entitled to a hearing, but only upon timely receipt
of a written answer and request for a hearing within twenty (20) days of the service
or hand delivery of the administrative complaint. If timely requested, an
administrative hearing shall be held in accordance with the provisions of KRS
Chapter 13B. If a written answer and request for hearing are not made within twenty
(20) days of service or delivery of the complaint, the commissioner shall enter a
final order granting the relief requested in the complaint.
Service by certified mail shall be complete upon the earlier of the following:
(a) The date on which the person receives the mail;
(b) The date on which the agency receives the return receipt; or
(c) The date on which the agency receives notice that the mail has been returned
undelivered.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 768, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 104, sec. 7, effective June 25, 2009. -- Created 2008 Ky. Acts
ch. 175, sec. 24, effective April 24, 2008.
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