(1) The commissioner may file an administrative complaint against any person if it appears on grounds satisfactory to the commissioner that a potential or actual violation of this subtitle has been committed and when the person may be subject to the penalties of KRS § 286.9-071, 286.9-110, and 286.9-991. The commissioner shall serve the administrative complaint to the last known address of the person named in the complaint. Service shall be by certified mail or personal delivery. The person named in the administrative complaint shall be entitled to an administrative hearing conducted in accordance with KRS Chapter 13B but only upon timely receipt of a written answer and request for an administrative hearing within twenty (20) days of the mailing or hand delivery of the administrative complaint. If timely requested, an administrative hearing shall be held in accordance with the provisions of KRS Chapter 13B. If an answer is not timely filed, or a written request for a hearing is not timely filed, the commissioner may enter a final order.
(2) No license shall be denied, limited, conditioned, restricted, probated, suspended, or revoked unless the applicant or licensee is afforded the opportunity for a hearing to be conducted in accordance with KRS Chapter 13B.

Terms Used In Kentucky Statutes 286.9-120

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Licensee: means a person who has been issued either a check cashing license or a deferred deposit service business license by the commissioner in accordance with this subtitle to conduct check cashing or deferred deposit service business in the Commonwealth. See Kentucky Statutes 286.9-010
  • 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.

Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 815, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 98, sec. 18, effective January 1, 2010. — Amended 1998 Ky. Acts ch. 601, sec. 11, effective April 14, 1998. — Amended 1996 Ky. Acts ch. 318, sec.
353, effective July 15, 1996. — Created 1992 Ky. Acts ch. 213, sec. 12, effective July
14, 1992; and ch. 341, sec. 12, effective July 14, 1992.
Formerly codified as KRS § 368.120.
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.