227.640 Procedure for denial, suspension, or revocation of license or
375 words·~2 min read·
/ky/227-640A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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;
(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
(c)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.