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.640 Procedure For Denial, Suspension, Or Revocation Of License Or Certificate Of Acceptability -- Dispute Resolution Process -- Appeal.

227.640 Procedure for denial, suspension, or revocation of license or

certificate of acceptability -- Dispute resolution process -- Appeal.

(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 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 227.660;

(c)

(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 227.660 or any administrative regulation or

order lawfully made pursuant to and within the authority of KRS 227.550

to 227.660; or

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.

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Local Government
Kentucky
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Matt Bevin
Matt Bevin
December 8, 2015 -
Republican
1-502-875-3733
229 West Main Street, Suite 400, Frankfort, KY, 40601

Keywords
krs
13b
correct
hearing
accordance
certificate
license
retailer
acceptability
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