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324.151 Complaints -- Answers.
(1)
(2)
(3)
(4)
All complaints against licensees shall be submitted to the commission on forms
furnished by the commission. The complaint shall state facts which, if true, would
constitute a prima facie case that the licensee has violated the provisions of KRS
324.160. If the complaint does not constitute a prima facie case, the commission
shall allow the complainant ten (10) days to revise and supplement the complaint in
order to cure any defect. If the complainant fails to respond within ten (10) days or
if the revised and supplemented complaint does not constitute a prima facie case
that the licensee has violated the provisions of KRS 324.160, the commission shall
dismiss the matter without requiring the licensee to file or serve a response.
If the complaint constitutes a prima facie case that a licensee has violated the
provisions of KRS 324.160, a copy of the complaint, exhibits attached thereto, and
any subsequent pleadings, shall be served on the licensee, by the commission, at the
licensee's last known address and shall show certification that there has been service
by writing to the last known address.
If the commission serves the complaint upon the licensee, the licensee shall file
with the commission an answer to the complaint, properly notarized, on forms
secured from commission offices. The answer shall be returned to the commission
within twenty (20) days. The licensee shall deliver to the complainant at his or her
last known address a copy of the answer, exhibits attached thereto, and any
subsequent pleadings. All further pleadings in the matter filed with the commission
by either party shall show that a copy has been furnished to the opposing party or
parties.
If any licensee is alleged to have committed an escrow account violation that
warrants emergency action, the commission may conduct an emergency hearing as
authorized by KRS 324.150(1)(b).
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 58, sec. 6, effective June 25, 2009. -- Amended
2000 Ky. Acts ch. 488, sec. 16, effective July 14, 2000. -- Amended 1996 Ky. Acts
ch. 318, sec. 289, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 448, sec.
16, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 352, sec. 6, effective July
13, 1984. -- Created 1982 Ky. Acts ch. 196, sec. 5, effective July 15, 1982.
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