324A.052 Investigation of complaints -- Sanctions -- Hearing -- Final order --

401 words·~2 min read·/ky/324a-052

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Appeal.

(1)Any person or organization, including the board upon its own volition, may file

with the board a written complaint alleging a violation of any provision of this

chapter. Complaints shall be filed with the board within:

(a)Five

(5)years after the date of transmittal of the appraisal report or appraisal

review assignment; or

(b)Two

(2)years after the final disposition of any judicial proceeding in which

the appraiser provided testimony related to the assignment, whichever expires

last.

Paragraphs

(a)and

(b)of this subsection shall not apply to complaints involving the

actions outlined in KRS 324A.050(1)(c), (d), (g), and (k). The board shall

investigate each complaint.

(2)If the investigation reveals evidence supporting the complaint, the board shall set

the matter for hearing in accordance with the provisions of KRS Chapter 13B

before fining, reprimanding, suspending, revoking, refusing to renew, or any

combination thereof.

(3)If the investigation reveals that the alleged violation did occur but was not of a

serious nature, the board may issue a written admonishment to the certificate holder

or licensee. A copy of the admonishment shall be placed in the recipient's file with

the board. The recipient shall have the right to file a response to the admonishment

within thirty

(30)days of its receipt and have the response placed in the file. The

recipient may, alternatively, within thirty

(30)days of the receipt, file a request for

hearing with the board. Upon receipt of this request, the board shall set aside the

written admonishment and set the matter for hearing in accordance with the

provisions of KRS Chapter 13B.

(4)After denying an application for a certificate or license or issuing an admonishment,

the board shall grant an administrative hearing in accordance with KRS Chapter

13B only upon written request of the applicant made within thirty

(30)days of the

mailing of the letter of denial or admonishment.

(5)Pursuant to KRS 13B.120(7), the director of the Division of Real Property Boards

within the Department of Professional Licensing shall hear and issue a final order

regarding a decision of the board. An aggrieved party may appeal a final order of

the 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.