302 Ky. Admin. Regs. 26:100
Current through Register Vol. 51, No. 6, December 1, 2024
Section 302 KAR 26:100 - Structural pest control settlement proceedingsRELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. This administrative regulation establishes procedures for the settlement of administrative complaints brought pursuant to KRS 217B.545.
Section 1. Commencement of Settlement Proceedings. At any time after the service of an administrative complaint upon a licensee and before hearing, the responding licensee may seek a settlement of any pending allegation with the department.Section 2. Presentation of Proposal to Board. If a settlement has not been reached, the licensee may present the department's settlement offer to the Structural Pest Management Advisory Board for a written recommendation for settlement. The written recommendation for settlement shall be signed by the chairman and forwarded to the department for consideration.Section 3. Action by the Department. The department may settle the matter taking the Board's written recommendation into consideration. If the department chooses not to adopt the Board's recommendation for settlement and the licensee rejects the department's offer for settlement, the matter shall continue to proceed as a formal proceeding pursuant to KRS Chapter 13B.49 Ky.R. 200; eff. 10/20/2022.STATUTORY AUTHORITY: KRS 13B.070(3), 217B.050