Kentucky Statutes 330.130 – Hearing before imposition of disciplinary action — Notice — Final order — Appeal
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(1) Before denying an application for license or before imposing any disciplinary action authorized under KRS § 330.110, the board shall set the matter for an administrative hearing, if a hearing is requested by the applicant or licensee. The hearing shall be conducted in accordance with KRS Chapter 13B. If the subject of the hearing is an apprentice auctioneer, the board shall also provide notification of the hearing to the auctioneer employing the apprentice auctioneer or whose employ he or she is about to enter, by sending notice by certified mail, return receipt requested, to the auctioneer’s last known business address.
(2) Pursuant to KRS § 13B.120(7), the executive director of the Kentucky Real Estate Authority within the Department of Professional Licensing shall hear and issue a final order regarding a decision of the board.
(3) An aggrieved party may appeal a final order of the executive director pursuant to KRS Chapter 13B within thirty (30) days after the issuance of the order to the Circuit Court of the county where the licensee has his or her principal place of business or where the license applicant resides.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 33, effective April 11, 2017. — Amended 2009 Ky. Acts ch. 70, sec. 14, effective June 25, 2009. — Amended
1996 Ky. Acts ch. 318, sec. 303, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 114, sec. 92, effective July 15, 1980. — Amended 1974 Ky. Acts ch.
315, sec. 70. — Created 1962 Ky. Acts ch. 251, sec. 13.
(2) Pursuant to KRS § 13B.120(7), the executive director of the Kentucky Real Estate Authority within the Department of Professional Licensing shall hear and issue a final order regarding a decision of the board.
Terms Used In Kentucky Statutes 330.130
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Apprentice auctioneer: means any person who is employed or supervised, directly or indirectly, by an auctioneer to deal or engage in any activity in subsection (6) of this section, excluding the authority to enter into an auction listing contract or to independently maintain an auction escrow account. See Kentucky Statutes 330.020
- Board: means the Board of Auctioneers. See Kentucky Statutes 330.020
- 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 - real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
(3) An aggrieved party may appeal a final order of the executive director pursuant to KRS Chapter 13B within thirty (30) days after the issuance of the order to the Circuit Court of the county where the licensee has his or her principal place of business or where the license applicant resides.
Effective:April 11, 2017
History: Amended 2017 Ky. Acts ch. 178, sec. 33, effective April 11, 2017. — Amended 2009 Ky. Acts ch. 70, sec. 14, effective June 25, 2009. — Amended
1996 Ky. Acts ch. 318, sec. 303, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 114, sec. 92, effective July 15, 1980. — Amended 1974 Ky. Acts ch.
315, sec. 70. — Created 1962 Ky. Acts ch. 251, sec. 13.