Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
324A.020,
324A.050,
324A.052
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
324A.020 and
324A.035
require the Real Estate Appraisers Board, with the approval of the executive
director of the Kentucky Real Estate Authority, to promulgate administrative
regulations necessary to carry out the provisions of
KRS
324A.010 to
324A.090.
KRS
324A.020 authorizes the board to investigate
allegations of wrongdoing under KRS Chapter 324A.
KRS
324A.050 authorizes the board to take
disciplinary action against the certificate holder or licensee, and
KRS
324A.162 authorizes the board to take
disciplinary action against a registrant of an appraiser or appraisal
management company, for violations of KRS Chapter 324A. This administrative
regulation establishes the procedures for filing grievances with the
board.
Section 1. Grievance and
Answers.
(1) Grievances submitted against a
certificate holder, licensee, or registrant shall:
(a) Be submitted in writing;
(b) Identify the person or organization
submitting the grievance, unless submitted anonymously;
(c) Contain a concise statement of the facts,
transaction, or occurrence upon which it is based;
(d) Include exhibits or other documents, if
applicable;
(e) Be served on the
certificate holder, licensee, or registrant by the board:
1. At the last known address of the
certificate holder, licensee, or registrant; and
2. By certified mail, return receipt
requested; and
(f) Be
filed by the grievant within five (5) years from the date the grievant knew or
should have known of the alleged violation.
(2) If the board receives an anonymous
grievance, it shall conduct an initial investigation to determine whether a
formal investigation is warranted.
(3)
(a)
Unless an extension is requested and granted, the certificate holder, licensee,
or registrant shall file an answer to the grievance with the board no later
than twenty (20) days after service of the grievance.
(b) A copy of the answer shall be served on
the grievant, unless the grievant is anonymous, by the certificate holder,
licensee, or registrant, by certified mail, return receipt requested, to the
address shown on the grievance.
Section 2. Formal Investigations. The board
shall conduct an investigation of the facts alleged in a grievance:
(1) Upon receipt of a grievance and answer;
or
(2) If an answer is not filed
with the board, upon expiration of the period established in Section 1(3)(a) of
this administrative regulation.
Section 3. Dismissal of Grievance. The board
shall dismiss a grievance if the facts stated in the grievance, or facts known
to the board upon investigation, fail to establish a violation of
KRS
324A.050. The board shall notify the grievant
and the certificate holder, licensee, or registrant in writing if it dismisses
the grievance.
Section 4.
Administrative Complaints.
(1) If the facts
alleged constitute a prima facie violation of KRS Chapter 324A, 201 KAR Chapter
30, or the USPAP, the board shall issue an administrative complaint, in
accordance with KRS Chapter 13B, against the certificate holder, licensee, or
registrant and proceed pursuant to
KRS
324A.052.
(2) The board may enter into informal
settlement with the certificate holder, licensee, or registrant.
(3) If the parties to a settlement conference
agree on a stipulation, proposed term, or condition for an agreed order to
resolve the complaint, the agreed order shall be forwarded to the board for
consideration.
(4) If the proposed
agreed order is approved by the board, the complaint shall be considered
resolved, and a hearing shall not be held.
STATUTORY AUTHORITY:
KRS
324A.020,
324A.035,
324A.052
