Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 121.120, 121.140, 446.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
authorizes the Registry of Election Finance to promulgate administrative
regulations necessary to carry out and enforce the campaign finance laws
contained in KRS Chapter 121. This administrative regulation establishes
procedures for processing possible violations of campaign finance law and
establishes general provisions that shall apply throughout 32 KAR Chapter 2
governing practice and procedure.
Section
1. Definitions.
(1) "Campaign
finance law" means statutes in KRS Chapter 121 and administrative regulations
in KAR Title 32.
(2) "Complainant"
means any person who files a complaint with the Registry of Election Finance
alleging a violation of campaign finance law.
(3) "Complaint" means an allegation filed
with the Registry of Election Finance charging that a violation of campaign
finance law has occurred or is about to occur.
(4) "Conciliation agreement" means an
agreement offered by the Registry of Election Finance to an alleged violator of
campaign finance law as provided in KRS 121.140.
(5) "Hearing officer" means the retired or
former justice or judge selected by the process described in KRS 121.140(4).
(6) "Registry" means
the Registry of Election Finance.
(7) "Respondent" means any person against
whom a complaint has been filed with the Registry of Election Finance or
against whom action is taken by the registry based upon information ascertained
through its normal enforcement activity.
Section 2. Computation of Time.
(1) General provision. In computing any
period of time prescribed or allowed by this administrative regulation, the
provisions of KRS 446.030 shall govern, except as provided in subsection (2) of
this section.
(2) Special provision
for service by mail. If the registry or a person serves a document by mail, the
prescribed period for the registry or any person to take the next subsequent
action that is permitted or required shall include three (3) additional
days.
Section 3.
Enforcement Matters.
(1) Enforcement matters
may be initiated by a written complaint or on the basis of information
ascertained by the registry in the normal course of the performance of its
duties.
(2) In order to avoid the
possibility of prejudice, real or apparent, in derogation of the public
interest in enforcement actions pending before the registry, interested persons
outside the agency shall not make or cause to be made to any registry board
member any communication relative to the factual or legal merits of an
enforcement action, nor shall a registry board member make or entertain any
communications relating to registry enforcement actions until the registry has
concluded all action with respect to the enforcement matter in
question.
(3) This section shall
not be construed to prohibit contact between a respondent or respondent's
attorney and a registry employee in the performance of the registry's duties.
Statements made by a registry employee during these communications shall not
bind or estop the registry in any way.
Section 4. Representation by Counsel;
Notification. If a respondent wishes to be represented by counsel with regard
to any matter pending before the registry, the respondent's counsel shall file
an Entry of Appearance identifying the name, address, email address, and
telephone number of the counsel and a statement signed by the respondent,
identifying the subject of the representation, and authorizing the counsel to
receive all notifications and other communications from the registry on the
respondent's behalf.
STATUTORY AUTHORITY: KRS 121.120(1)(g)
