Kentucky Administrative Regulations
Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE
Chapter 2 - Practice and Procedure
Section 32 KAR 2:050 - Conciliation
Universal Citation: 32 KY Admin Regs Service 2:050
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 121.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g) authorizes the Registry of Election Finance to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 121. This administrative regulation establishes conciliation procedures.
Section 1. Negotiations.
(1) Upon a registry finding of probable
cause, the general counsel and executive director shall attempt to correct or
prevent the violation by informal methods of conference, conciliation, and
persuasion and shall attempt to reach a tentative conciliation agreement with
the respondent.
(2) During
conciliation negotiations, the general counsel and executive director shall
consider as a mitigating factor the attendance by a candidate or treasurer at
one (1) or more training sessions sponsored by the registry, directly preceding
the election during which the violation occurred. Based upon this and any other
mitigating factors, the general counsel and executive director may reduce a
fine, if proposed by the registry.
(3) A conciliation agreement shall not be
binding upon either party until it is signed by the respondent, the general
counsel, and the executive director and approved by the registry.
(4) If the probable cause to believe finding
is made within forty-five (45) days preceding an election, the conciliation
attempt shall continue for at least fifteen (15) days from the date of the
finding. In all other cases, conciliation attempts by the registry shall
continue for at least thirty (30) days.
(5) If a conciliation agreement is reached
between the registry and the respondent, the general counsel shall send a copy
of the signed agreement to both complainant and respondent.
STATUTORY AUTHORITY: KRS 121.120(1)(g)
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