601 KAR 1:095. Complaints.


      RELATES TO: KRS Chapter 281


      NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to KRS 281.600, this administrative regulation provides for the procedure by which complaints received by the Transportation Cabinet shall be processed and the necessary requirements that must be met in order that complaints are handled uniformly.


      Section 1. Who May File. Any interested party or the cabinet may at any time initiate a complaint concerning any matter under the jurisdiction of the cabinet.


      Section 2. Form and Contents. Complaints shall be in petition form, and shall conform to the requirements of 601 KAR 1:030. Complaints must be fully, clearly and with reasonable certainty descriptive of the act or thing done or omitted to be done and shall refer to the law, order or rule which the complainant alleges has been or is being violated.


      Section 3. Answers. If respondent so desires, it may answer the complaint. Answers must be prepared in accordance with the requirements of 601 KAR 1:030, and respondent shall have a copy served upon complainant which shall contain a specific denial of such material allegations of the complainant as are controverted, and also a statement of any new or other matter constituting a defense. Answers shall be made within twenty (20) days, with the right for addition of time for just cause shown.


      Section 4. Procedure. Upon receipt of the complaint and the answer thereto, or if no answer is filed within the prescribed time, the cabinet shall fix a time and place for a public hearing and shall give notice of such hearing to the complainant, respondent and any other interested parties as the cabinet deems advisable. However, any complaint filed wherein the facts are not in issue may, upon agreement of the parties, be submitted to the commissioner for a ruling without the necessity of holding a hearing. When the matter is so submitted, the commissioner may require the submission to be on briefs or upon oral argument or on both. (DMT-14; 1 Ky.R. 791; eff. 5-14-75; Am. 2 Ky.R. 598; 3 Ky.R. 294; eff. 8-4-76.)