Kentucky Statutes 227.640 – Procedure for denial, suspension, or revocation of license or certificate of acceptability — Dispute resolution process — Appeal
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(1) The department or its designee may deny the application for a license, certification, or certificate of acceptability within thirty (30) days after receipt thereof by written notice to the applicant, stating the grounds for the denial.
(2) No license, certification, or certificate of acceptability shall be suspended or revoked by the department unless the licensee or certificate holder is afforded the opportunity for a hearing to be conducted in accordance with KRS Chapter
13B.
(3) Any manufacturer, certified installer, or licensed retailer who violates or fails to comply with KRS § 227.550 to KRS § 227.660 or any administrative regulations promulgated thereunder shall be notified in writing setting forth facts describing the alleged violation and instructed to correct the violation, if it is correctable, within twenty (20) days. If the manufacturer, certified installer, or retailer fails to make the necessary corrections within the specified time or if the violation is not correctable, the department may, after notice and hearing in accordance with KRS Chapter 13B, suspend or revoke any certificate of acceptability, certification, or license if it finds that:
(a) The manufacturer, certified installer, or retailer has failed to pay the fees authorized by KRS § 227.550 to KRS § 227.660;
(b) The manufacturer, certified installer, or retailer, either knowingly or without the exercise of due care to prevent the same, has violated any provision of KRS § 227.550 to KRS § 227.660 or any administrative regulation or order lawfully made pursuant to and within the authority of KRS § 227.550 to KRS § 227.660; or
(c) The manufacturer has shipped or imported into this state a manufactured home or mobile home to any person other than to a duly licensed retailer.
(4) The department shall establish, through the promulgation of administrative regulations in accordance with KRS Chapter 13A, a dispute resolution process which may be used prior to a formal hearing under KRS Chapter 13B. The dispute resolution process shall be nonbinding on the licensee, certified installer, or manufacturer and shall be conducted after application for a KRS Chapter 13B hearing, but prior to the convening of the KRS Chapter 13B hearing.
(5) Any person aggrieved by any final order of the department may appeal to the
Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 83, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 422, effective July 15, 2010. — Amended
2006 Ky. Acts ch. 217, sec. 7, effective July 12, 2006. — Amended 2004 Ky. Acts ch. 74, sec. 11, effective July 13, 2004. — Amended 1996 Ky. Acts ch. 318, sec. 147, effective July 15, 1996; and ch. 340, sec. 10, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 200, sec. 8, effective July 15, 1980. — Created 1974
Ky. Acts ch. 76, sec. 12.
(2) No license, certification, or certificate of acceptability shall be suspended or revoked by the department unless the licensee or certificate holder is afforded the opportunity for a hearing to be conducted in accordance with KRS Chapter
Terms Used In Kentucky Statutes 227.640
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
13B.
(3) Any manufacturer, certified installer, or licensed retailer who violates or fails to comply with KRS § 227.550 to KRS § 227.660 or any administrative regulations promulgated thereunder shall be notified in writing setting forth facts describing the alleged violation and instructed to correct the violation, if it is correctable, within twenty (20) days. If the manufacturer, certified installer, or retailer fails to make the necessary corrections within the specified time or if the violation is not correctable, the department may, after notice and hearing in accordance with KRS Chapter 13B, suspend or revoke any certificate of acceptability, certification, or license if it finds that:
(a) The manufacturer, certified installer, or retailer has failed to pay the fees authorized by KRS § 227.550 to KRS § 227.660;
(b) The manufacturer, certified installer, or retailer, either knowingly or without the exercise of due care to prevent the same, has violated any provision of KRS § 227.550 to KRS § 227.660 or any administrative regulation or order lawfully made pursuant to and within the authority of KRS § 227.550 to KRS § 227.660; or
(c) The manufacturer has shipped or imported into this state a manufactured home or mobile home to any person other than to a duly licensed retailer.
(4) The department shall establish, through the promulgation of administrative regulations in accordance with KRS Chapter 13A, a dispute resolution process which may be used prior to a formal hearing under KRS Chapter 13B. The dispute resolution process shall be nonbinding on the licensee, certified installer, or manufacturer and shall be conducted after application for a KRS Chapter 13B hearing, but prior to the convening of the KRS Chapter 13B hearing.
(5) Any person aggrieved by any final order of the department may appeal to the
Franklin Circuit Court in accordance with KRS Chapter 13B.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 83, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 422, effective July 15, 2010. — Amended
2006 Ky. Acts ch. 217, sec. 7, effective July 12, 2006. — Amended 2004 Ky. Acts ch. 74, sec. 11, effective July 13, 2004. — Amended 1996 Ky. Acts ch. 318, sec. 147, effective July 15, 1996; and ch. 340, sec. 10, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 200, sec. 8, effective July 15, 1980. — Created 1974
Ky. Acts ch. 76, sec. 12.