KAR 11:190 Complaint Review, Answers, and Replies

Section 2
(1) Upon receipt of a complaint, commission staff shall review the complaint to determine whether the complaint states a prima facie violation of KRS Chapter 324.

(2) If a supplement to the complaint is required because the original complaint was deficient, the supplement shall be filed on Sworn Supplement to Complaint, KREC Form 302 and notarized.

(3)(a) If the commission staff determine the complaint alleges a prima facie case of a specific violation of KRS 324.160, the complaint shall be served for an answer on the licensee as established in KRS 324.151(2).
(b) A responding licensee shall file a Sworn Answer to Complaint, KREC Form 301 in accordance with KRS 324.151(3).

(4) The answer shall:
(a) State an answer to the complaint;
(b) Be notarized by a notary public; and
(c) Include a copy of the following documents or a written explanation of why the documents are unavailable:

  1. Listing contract;
  2. Purchase contract;
  3. Seller’s Disclosure of Property Condition form, incorporated by reference in 201 KAR 11:121;
  4. Agency Consent Agreement and the Guide to Agency Relationships forms, incorporated by reference in 201 KAR 11:121;
  5. Settlement statement; and
  6. Any other documentation to rebut a claim or alleged violation.

    (5)(a) The complainant may file one (1) reply to the respondent’s Sworn Answer to Complaint within ten (10) days of receiving the respondent’s Sworn Answer to Complaint;
    (b) The respondent may file one (1) reply to complainant’s reply within ten (10) days of receiving the complainant’s reply; and
    (c) All replies shall be notarized and include any documents necessary to support or rebut an allegation or a violation.
    (6)(a) For purposes of calculating filing deadlines prescribed by this administrative regulation, the commission shall follow the Kentucky Rules of Civil Procedure.
    (b) A request for an extension of any filing deadline prescribed by this administrative regulation shall be made directly to the office of general counsel and shall be granted or denied. If the request is denied, the requester shall have the opportunity to appeal the decision to the commission at its next scheduled meeting.
    (7) The commission shall not entertain motions with regard to pending complaints.

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