Kentucky Administrative Regulations
Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE
Chapter 2 - Practice and Procedure
Section 32 KAR 2:210 - Judicial hearing procedures
Universal Citation: 32 KY Admin Regs Service 2:210
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 121.140(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.140(4) provides for a hearing before one (1) retired or former justice or judge in cases in which the Registry of Election Finance and a respondent fail to reach a conciliation agreement. This administrative regulation establishes procedural guidelines to be followed in the initiation of those hearings and selection of a justice or judge.
Section 1. Administrative Pleadings.
(1) If the registry and the
respondent fail to reach a conciliation agreement, and a request for retired or
former justices or judges has been submitted as required by
KRS
121.140(4), the general
counsel shall prepare an administrative complaint which shall include the
following:
(a) A statement of the allegations
contained in the original complaint;
(b) The registry's:
1. Findings of fact and conclusions of law in
support of a finding of probable cause; or
2. Notice of noncompliance with reporting
requirements pursuant to 32 KAR 2:040(10);
(c) A statement that attempts to negotiate a
conciliation agreement have been unsuccessful; and
(d) A statement that conciliation
negotiations have been extended for the maximum period allowed by 32 KAR
2:050(3).
(2) The general
counsel shall prepare an administrative summons which, along with a copy of the
administrative complaint, shall be served upon the respondent either personally
or by certified mail, return receipt requested. This notification shall be made
in accordance with the schedule established by
KRS
121.140(4).
(3) A respondent to an administrative
complaint as provided in subsection (1) of this section shall file a written
response within twenty (20) days from the date of receipt of the administrative
summons and complaint. The response shall be filed at the offices of the
Registry of Election Finance, 140 Walnut Street, Frankfort, Kentucky
40601.
(4) Within thirty (30) days
of the final selection of one (1) retired or former justice or judge in the
manner provided by
KRS
121.140, the general counsel shall forward
copies of the administrative complaint to the justice or judge selected and
shall, thereafter, forward copies of all other pleadings filed up to the dates
of the hearing.
(5) One (1) retired
or former justice or judge shall be selected for each hearing required under
KRS
121.140(4) and shall serve
through the completion of the hearing process and until the justice or judge
renders a decision.
STATUTORY AUTHORITY: KRS 121.120(1)(g)
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