Kentucky Administrative Regulations
Title 830 - PUBLIC PROTECTION CABINET - OFFICE OF OCCUPATIONS AND PROFESSIONS
Chapter 2 - Athlete Agent Registry
Section 830 KAR 2:020 - Complaints
Universal Citation: 830 KY Admin Regs Service 2:020
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 13B, 164.6913 - 164.6933
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.6905(3) authorizes the Department of Professional Licensing to promulgate administrative regulations necessary to implement KRS 164.6901 to 164.6935. This administrative regulation establishes the procedure for review of a complaint against an athlete agent or student athlete.
Section 1. Complaint to the Kentucky Athlete Agent Registry.
(1) All complaints shall be
submitted in writing on Form AAR-001.
(2) A complaint may be filed by:
(a) A person aggrieved in any fashion by an
alleged violation of KRS 164.6901 to 164.6935, or 830 KAR Chapter 2;
or
(b) A person or institution,
including the department or appropriate college, university, or athletic
regulatory body, based upon information in its possession.
(3) A complaint shall not be filed
anonymously. The department shall not take action on anonymous
complaints.
(4) Upon receipt of a
complaint, the Department shall:
(a) Send a
copy to the appropriate college, university, or athletic regulatory body via
certified mail, return receipt requested; and
(b) Send a copy and request for response to
the athlete agent and student athlete named in the complaint, and each other
identified party, via certified mail, return receipt requested.
Section 2. Response.
(1) The response shall be:
(a) Filed with the Department within twenty
(20) days from the date of receipt of mailing of the complaint; and
(b) Served upon the appropriate college,
university, or athletic regulatory body, and any other party including the
athlete agent and the student athlete.
(2) Each response shall include any and all
contracts or other documents executed by or between the parties and copies of
any correspondence between the parties.
(3) Failure of any party against whom
allegations of violation(s) of KRS 164.6901 to 164.6935, or 830 KAR Chapter 2,
to file a response in accordance with subsection (1)(a) of this section may, at
the sole discretion of the Department, be treated as a default of the
obligation to file a response, and an admission of the alleged violation(s),
unless good cause is shown for the failure.
Section 3. Notice and Service of Process.
(1) Unless waived by the recipient, service
of notice and other process shall be made by hand-delivery or delivery by
certified mail, return receipt requested, to the individual's address provided
to the office at the time of registration or, if known, by regular mail on the
named individual's attorney or registered agent.
(2) The making and manner of service of
process shall be shown on any document filed in a proceeding before the
department as required by CR 5 of the Kentucky Rules of Civil
Procedure.
(3) Refusal of service
if by certified mail, or avoidance of service if hand-delivered, shall not
prevent the office from proceeding.
Section 4. Department Review.
(1) Within thirty (30) days of the
department's receipt of responses from the parties, the department shall
conduct a preliminary review to determine whether it has sufficient information
upon which to base a decision.
(2)
The complaint shall be dismissed and all parties notified of the dismissal if
the department determines that:
(a) The
department does not have jurisdiction; or
(b) The charges do not warrant disciplinary
action.
(3) If the
department determines that a violation of KRS 164.6901 to 164.6935 or 830 KAR
Chapter 2 has occurred, it shall:
(a) Notify
the parties of:
1. Its determination;
and
2. The charges upon which its
determination is based; and
(b) Suspend, revoke, or refuse renewal of
registration pursuant to KRS 164.6913.
(4) If the department determines that it
lacks sufficient information with which to make a decision, it shall notify the
parties. The department may then:
(a) Appoint
an investigator to conduct an investigation to determine the relevant
facts;
(b) Subpoena additional
information from the parties; or
(c) Refer the complaint to an Administrative
Hearing Officer pursuant to KRS Chapter 13B for further proceedings.
Section 5. Incorporation by Reference.
(1) "Athlete Agent
Complaint" Form AAR-001, November 2019, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of
Professional Licensure, 500 Mero St., Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 164.6905(3)
Disclaimer: These regulations 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.
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