32 Ky. Admin. Regs. 2:050
Current through Register Vol. 51, No. 5, November 1, 2024
Section 32 KAR 2:050 - ConciliationRELATES TO: KRS 121.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g) authorizes the Registry of Election Finance to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 121. This administrative regulation establishes conciliation procedures.
Section 1. Negotiations. (1) Upon a registry finding of probable cause, the general counsel and executive director shall attempt to correct or prevent the violation by informal methods of conference, conciliation, and persuasion and shall attempt to reach a tentative conciliation agreement with the respondent.(2) During conciliation negotiations, the general counsel and executive director shall consider as a mitigating factor the attendance by a candidate or treasurer at one (1) or more training sessions sponsored by the registry, directly preceding the election during which the violation occurred. Based upon this and any other mitigating factors, the general counsel and executive director may reduce a fine, if proposed by the registry.(3) A conciliation agreement shall not be binding upon either party until it is signed by the respondent, the general counsel, and the executive director and approved by the registry.(4) If the probable cause to believe finding is made within forty-five (45) days preceding an election, the conciliation attempt shall continue for at least fifteen (15) days from the date of the finding. In all other cases, conciliation attempts by the registry shall continue for at least thirty (30) days.(5) If a conciliation agreement is reached between the registry and the respondent, the general counsel shall send a copy of the signed agreement to both complainant and respondent.19 Ky.R. 1236; 1524; eff. 1-4-1993; 2484; 20 Ky.R. 50; eff. 7-12-1993; 25 Ky.R. 1092; 1581; eff. 1-19-1999; Crt eff. 9-27-2019; 50 Ky.R. 407; eff. 1/30/2024.STATUTORY AUTHORITY: KRS 121.120(1)(g)