RELATES TO: KRS 164.6913 – 164.6933
STATUTORY AUTHORITY: KRS 164.6905(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.6905(3) authorizes the Office of Occupations and Professions to promulgate administrative regulations necessary to implement KRS 164.6901 to 164.6935. This administrative regulation establishes the procedure for review of a complaint against an athlete agent or student athlete.
Section 1. Form of Complaint: Response. (1) A complaint shall be:
(a) Submitted to the office;
(b) In writing; and
(c) Signed by the person offering the complaint.
(2) A complaint may be filed by a person or institution, including the office or appropriate college, university, or athletic regulatory body, based upon information in its possession.
(3) Upon receipt of a complaint, the office shall:
(a) Send a copy to the appropriate college, university, or athletic regulatory body; and
(b) Send to the athlete agent or student athlete named in the complaint:
1. A copy of the complaint; and
2. A request for a response to the complaint.
(4) The response shall be:
(a) Filed with the office within twenty (20) days from the date of service of the complaint; and
(b) Served upon the appropriate college, university, or athletic regulatory body.
Section 2. Issuance of Recommendations: Review by the Office. (1) If disciplinary action is recommended by the office, the office shall issue a report that shall state the charges upon which the recommendations are based. The office shall notify the complaining party and the individual being investigated, within fifteen (15) days in writing, of the outcome of the review.
(2) Within fifteen (15) days, the office shall take action as required by KRS 164.6913.
(3) If the office determines that the charges do not warrant disciplinary action, the complaint shall be dismissed. The office shall notify the complaining party and the individual being investigated of the outcome of the complaint.
(4) If the office determines that the charges warrant disciplinary action, the office shall issue an order stating the charges and the disciplinary action imposed. The order shall be signed by the director and served upon the person disciplined by certified mail.
(5) An order by the office may be appealed as authorized by KRS 164.6913(2).
Section 3. Notice and Service of Process. (1) Unless waived by the recipient, service of notice and other process shall be made by hand-delivery or delivery by certified mail, return receipt requested, to the individual's address provided to the office at the time of registration or, if known, by regular mail on the named individual's attorney or registered agent.
(2) Refusal of service if by certified mail, or avoidance of service if hand-delivered, shall not prevent the office from proceeding. (26 Ky.R. 271; Am. 584; eff. 9-16-1999; 42 Ky.R. 2914; 43 Ky.R. 394; eff. 10-7-2016.)