Download as PDF
6.691 Adjudicatory proceedings -- Action by commission -- Appeal.
(1)
(2)
(3)
(4)
(5)
The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence
shall apply to all commission adjudicatory hearings. All testimony in a
commission adjudicatory proceeding shall be under oath. All parties shall have
the right to call and examine witnesses, to introduce exhibits, to cross-examine
witnesses, to submit evidence, and to be represented by counsel and any other
due process rights, privileges, and responsibilities of a witness appearing
before the courts of the Commonwealth of Kentucky. Before testifying, all
witnesses shall be given a copy of the regulations governing commission
proceedings. All witnesses shall be entitled to be represented by counsel.
Any person whose name is mentioned during adjudicatory proceedings of the
commission and who may be adversely affected thereby may appear
personally before the commission on the person's own behalf, with or without
attorney, to give a statement in opposition to such adverse mention or file a
written statement of that opposition for incorporation into the record of
proceeding.
All adjudicatory proceedings of the commission carried out pursuant to the
provisions of this section shall be public, unless the members vote to go into
executive session in accordance with KRS 61.810.
Within thirty (30) days after the end of an adjudicatory proceeding pursuant to
the provisions of this section, the commission shall meet in executive session
for the purpose of reviewing the evidence before it. Within thirty (30) days after
completion of deliberations, the commission shall publish a written report of its
findings and conclusions which shall be based on whether the person accused
has complied with the statute as written.
No penalty provided for in this section shall be imposed except as the result of
an adjudicatory proceeding held upon the filing of a complaint. Notwithstanding
the administrative penalties provided for in KRS 6.797, 6.807, and 6.821, the
commission, upon a finding pursuant to an adjudicatory proceeding that there
has been clear and convincing proof of a violation of this code, may:
(a) Issue an order requiring the violator to cease and desist the violation;
(b) Issue an order requiring the violator to file any report, statement, or other
information as required by this code;
(c) In writing, publicly reprimand the violator for potential violations of the law
and provide a copy of the reprimand to the presiding officer of the house
in which the alleged violator serves;
(d) In writing, recommend to the house in which the violator serves that the
violator be sanctioned as recommended by the commission, which may
include a recommendation for censure or expulsion;
(e) Issue an order requiring the violator to pay a civil penalty of not more than
two thousand dollars ($2,000); or
(f) Revoke the registration of any legislative agent or employer for a period
not to exceed five (5) years. During the period of the revocation, the agent
or employer or any other entity which constitutes nothing more than the
legislative agent or employer operating under a different name or identity
shall not be permitted to register as a legislative agent or employer.
(6)
(7)
(8)
The commission may refer to the Attorney General, county attorney, or
Commonwealth's attorney of the appropriate jurisdiction, for prosecution
evidence of criminal violations of this code. The Attorney General shall have
responsibility for all prosecutions under the law and may request from the
commission all evidence collected in its investigation.
Findings of fact or final determinations by the commission that a violation of
this code has been committed, or any testimony related to the commission's
findings of fact or final determinations, shall not be admissible in criminal
proceedings in the courts of the Commonwealth of Kentucky. Evidence
collected by the commission may be used in a criminal proceeding if otherwise
relevant.
Any person found by the commission to have committed a violation of this code
may appeal the action to the Franklin Circuit Court. The appeal shall be
initiated within thirty (30) days after the date of the final action of the
commission by filing a petition with the court against the commission. The
commission shall transmit to the clerk of the court all evidence considered by
the commission at the public hearing. The court shall hear the appeal upon the
record as certified by the commission.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 493, sec. 3, effective July 14, 2000. -Amended 1994 Ky. Acts ch. 479, sec. 5, effective July 15, 1994. -- Created 1993
(1st Extra. Sess.) Ky. Acts ch. 4, sec. 40, effective September 16, 1993.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.