Kentucky Statutes 286.4-500 – Notice of license denial — Administrative complaint — Hearings and final orders — Findings — Service by certified mail
Current as of: 2024 | Check for updates
|
Other versions
(1) (a) Notice of entry of any order denying a license shall be in writing and served personally or sent by certified mail to the last known address of the applicant.
(b) A person whose application has been denied may, within twenty (20) days of service of the notice, submit a written petition to the commissioner requesting a hearing. The hearing shall be held in accordance with KRS Chapter 13B.
(c) If no written petition is received, the commissioner may enter a final order denying the license.
(2) (a) The commissioner may file an administrative complaint against any person or licensee that the commissioner believes has or may have violated this subtitle and the violation of which is subject to the penalties set forth in KRS § 286.4-
490 or 286.4-990.
(b) 1. The commissioner shall serve an administrative complaint against a person or licensee personally or by certified mail, return receipt requested, postage prepaid, to the last known address of each person or licensee named in the complaint.
2. The person or licensee named in the complaint shall be entitled to a hearing on the complaint, held in accordance with KRS Chapter 13B. A written request for a hearing shall be submitted to the department, along with a written answer to the complaint, within twenty (20) days of being served the complaint.
3. If a written answer and request for hearing are not filed within twenty (20) days of being served the complaint, the person or licensee shall be deemed to have waived the hearing and the commissioner may enter a final order granting the relief requested in the complaint.
(3) Whenever the commissioner denies any application for a license or assesses any of the penalties set forth in KRS § 286.4-490 or 286.4-990, the commissioner shall file in his or her office a written order to that effect, stating his or her findings with respect to the order and the reasons for the action.
(4) Any final order shall be served in the same manner as an administrative complaint under subsection (2) of this section.
(5) Service by certified mail under this subtitle shall be deemed complete as provided in KRS § 13B.050(2).
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 120, sec. 9, effective June 27, 2019. — Amended
2010 Ky. Acts ch. 24, sec. 664, effective July 15, 2010. — Created 1960 Ky. Acts ch.
204, sec. 10, effective June 16, 1960.
Formerly codified as KRS § 288.500.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS references within this statute have been adjusted to conform with the 2006 renumbering of that code.
(b) A person whose application has been denied may, within twenty (20) days of service of the notice, submit a written petition to the commissioner requesting a hearing. The hearing shall be held in accordance with KRS Chapter 13B.
Terms Used In Kentucky Statutes 286.4-500
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Applicant: means a person filing an application under this subtitle. See Kentucky Statutes 286.4-410
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Commissioner: means the commissioner of the Department of Financial
Institutions. See Kentucky Statutes 286.1-010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Financial Institutions. See Kentucky Statutes 286.1-010
- Licensee: means a person licensed under this subtitle. See Kentucky Statutes 286.4-410
- Person: means a natural person, or any type or form of corporation, company, partnership, proprietorship, association, or other legal entity. See Kentucky Statutes 286.1-010
- Statute: A law passed by a legislature.
(c) If no written petition is received, the commissioner may enter a final order denying the license.
(2) (a) The commissioner may file an administrative complaint against any person or licensee that the commissioner believes has or may have violated this subtitle and the violation of which is subject to the penalties set forth in KRS § 286.4-
490 or 286.4-990.
(b) 1. The commissioner shall serve an administrative complaint against a person or licensee personally or by certified mail, return receipt requested, postage prepaid, to the last known address of each person or licensee named in the complaint.
2. The person or licensee named in the complaint shall be entitled to a hearing on the complaint, held in accordance with KRS Chapter 13B. A written request for a hearing shall be submitted to the department, along with a written answer to the complaint, within twenty (20) days of being served the complaint.
3. If a written answer and request for hearing are not filed within twenty (20) days of being served the complaint, the person or licensee shall be deemed to have waived the hearing and the commissioner may enter a final order granting the relief requested in the complaint.
(3) Whenever the commissioner denies any application for a license or assesses any of the penalties set forth in KRS § 286.4-490 or 286.4-990, the commissioner shall file in his or her office a written order to that effect, stating his or her findings with respect to the order and the reasons for the action.
(4) Any final order shall be served in the same manner as an administrative complaint under subsection (2) of this section.
(5) Service by certified mail under this subtitle shall be deemed complete as provided in KRS § 13B.050(2).
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 120, sec. 9, effective June 27, 2019. — Amended
2010 Ky. Acts ch. 24, sec. 664, effective July 15, 2010. — Created 1960 Ky. Acts ch.
204, sec. 10, effective June 16, 1960.
Formerly codified as KRS § 288.500.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286, and KRS references within this statute have been adjusted to conform with the 2006 renumbering of that code.