393A.660 Informal conference.
538 words·~2 min read·
/ky/chapter-393a/393a-660A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Not later than thirty
(30)days after receipt of a notice under KRS 393A.650, the
putative holder may request an informal conference with the administrator to review
the determination. Except as otherwise provided in this section, the administrator
may designate an employee to act on behalf of the administrator.
(2)If a putative holder makes a timely request under subsection
(1)of this section for
an informal conference:
(a)Not later than twenty
(20)days after the date of the request, the administrator
shall set the time and place of the conference;
(b)The administrator shall give the putative holder notice in a record of the time
and place of the conference;
(c)The conference may be held in person, by telephone, or by electronic means,
as determined by the administrator;
(d)The request tolls the ninety
(90)day period under KRS 393A.680 and
393A.690 until notice of a decision under paragraph
(g)of this subsection has
been given to the putative holder or the putative holder withdraws the request
for the conference;
(e)The conference may be postponed, adjourned, and reconvened as the
administrator determines appropriate;
(f)The administrator or administrator's designee with the approval of the
administrator may modify a determination made under KRS 393A.650 or
withdraw it; and
(g)The administrator shall issue a decision in a record and provide a copy of the
record to the putative holder and examiner not later than twenty
(20)days
after the conference ends.
(3)A conference under subsection
(2)of this section shall not be an administrative
remedy and shall not be a contested case subject to KRS Chapter 13B. An oath shall
not be required and rules of evidence shall not apply in the conference.
(4)At a conference under subsection
(2)of this section, the putative holder shall be
given an opportunity to confer informally with the administrator and the person that
examined the records of the putative holder to:
(a)Discuss the determination made under KRS 393A.650; and
(b)Present any issue concerning the validity of the determination.
(5)If the administrator fails to act within the period prescribed in subsection (2)(a) or
(g)of this section, the failure shall not affect a right of the administrator, except that
interest shall not accrue on the amount for which the putative holder was
determined to be liable under KRS 393A.650 during the period in which the
administrator failed to act until the earlier of:
(a)The date under KRS 393A.680 the putative holder initiates administrative
review or files an action under KRS 393A.690; or
(b)Ninety
(90)days after the putative holder received notice of the
administrator's determination under KRS 393A.680 if no review was initiated
under KRS 393A.680 and no action was filed under KRS 393A.690.
(6)The administrator may hold an informal conference with a putative holder about a
determination under KRS 393A.650 without a request at any time before the
putative holder initiates administrative review under KRS 393A.680 or files an
action under KRS 393A.690.
(7)Interest and penalties under KRS 393A.730 continue to accrue on property not
reported, paid, or delivered as required by this chapter after the initiation, and
during the pendency, of an informal conference under this section.