Motor Vehicle Commission
(As Amended at ARRS, November 12, 2013)
††††† RELATES TO: KRS 190.058, 190.062
††††† STATUTORY AUTHORITY: KRS 190.020, 190.058, 190.062
FUNCTION, AND CONFORMITY: KRS 190.058(11) authorizes the Motor Vehicle
Commission to promulgate administrative regulations. This administrative regulation
establishes the procedure and practice for[
An absolute necessity for any
administrative board is a written code of practice and procedure. The enabling
legislation for the adoption of such procedures by the Motor Vehicle Commission
is found in KRS 190.058. This administrative regulation establishes the proper
form of procedure and practice before] the Motor Vehicle Commission[ and
adopts the general practice procedures found in the Kentucky Rules of Civil
††††† Section 1. Hearings.
Hearings shall be conducted as established[
in this administrative regulation and KRS Chapter 13B.
††††† (1) During any hearing, the reason for any objection shall be stated and made a part of the stenographic record.
All testimony shall be transcribed[
Section 1. Hearings shall be conducted
by a commission member or person designated by the commission as a hearing
officer. Hearings shall be conducted pursuant to the Kentucky Rules of Civil
Procedure except as otherwise provided in this administrative regulation. The
hearing officer shall conduct the hearing and shall rule on matters of
procedure and introduction of evidence. The hearing shall be conducted in the
manner as the hearing officer determines will best serve the purpose of
attainment of justice and dispatch. Objections may be taken to any ruling of
the hearing officer and shall be ruled on by the commission. The reason for any
objection shall be stated and made a part of the stenographic record. All
testimony shall be transcribed].
††††† Section 2. Appearances.
Any] licensee who is a natural person may appear and be
heard in person, or with or by a duly appointed attorney, and may
produce under oath evidence relative and material to matters before the
A licensee that is an artificial entity shall[
be represented only by a general partner, managing member, president;[ ,]
or equivalent officer;[ ,] or
by an attorney licensed or authorized to practice in Kentucky.
Any attorney, in a representative capacity, appearing before the commission may
be required to demonstrate the authority to act in a representative[
his authority to act in such] capacity.
††††† Section 3.
Argument. All oral arguments shall be succinct and concise. The hearing officer
may curtail or establish[
set] time limits for oral
††††† Section 4. Additional Hearings. (1) The commission may, on its own motion, prior to its determination, require an additional hearing, if an additional hearing is in the interests of justice.
Notice to all interested parties establishing the date of the hearing
setting forth the date of such hearing must] be given
in writing by the executive director.
††††† Section 5. Briefs. Briefs may be filed as a matter of right.
††††† (1) All briefs shall be concise, summarizing first the evidence presented at the hearing.
Copies of briefs shall[
must] be typewritten or
typed and printed and filed in quadruplicate.
The time allowed for filing briefs shall be designated by the hearing officer,
but shall not[
in no event shall] be less than five
(5) days after the hearing.
Respondent] briefs may be filed by the commission, or
filed by any person whose interests are affected.
Reply briefs may be filed only if[
strictly to answering the brief of respondent.
††††† (5) Briefs containing more than ten (10) pages shall contain on the top fly leaves a subject index with page references.
††††† Section 6.
Continuances. Continuances shall be granted if a continuance is in the
interest of justice[
may be granted in the discretion of the hearing
officer if good cause for the continuance is shown] and if
requested at least forty-eight (48) hours in advance of the hearing date.
††††† Section 7. Depositions. The hearing officer may order testimony to be taken by deposition at any stage of the hearing.
††††† (1) Depositions shall be taken before any person having power to administer oaths, or written by the person taking the deposition or under his direction and shall then be subscribed by the deponent and certified in the usual manner by the person taking the deposition.
††††† (2) The provisions of the Civil Rules governing the taking of depositions shall be applicable.
††††† Section 8.
Except as otherwise provided in this administrative regulation, the rules of
evidence governing civil proceedings in the courts of the Commonwealth of
Kentucky shall govern hearings before the commission, unless the
hearing officer relaxes rules if[
; provided, however, that the hearing
officer may relax such rules in any case where, in his judgment,]
the ends of justice will be better served by so doing.
††††† (1) Judicial notice.
††††† (a) If[
called to the attention of the hearing officer, "judicial notice" may
be taken of any matter situated in the files of the commission, the Revenue
Cabinet or the Transportation Cabinet, any action pending that[ which]
involves the commission or and all other matters of which a court of Kentucky
may take judicial notice.
††††† (b) A brief statement recognizing the matter shall be made in the transcript by the hearing officer.
††††† (2) Additional evidence.
Upon application to the commission, prior to the decision of the commission in
the case, the hearing may[
, in the discretion of the commission,]
be reopened for the presentation of additional evidence.
Application for and additional hearing shall establish[
forth] concisely the nature of this additional evidence. The commission
may, on its own motion, require an additional hearing.
††††† Section 9. Ex
Parte Contacts. A person shall not[
No person shall]
have ex parte contact with any member of the commission regarding any matter
pending before the commission for review prior to final decision. A
person in violation of this Section shall be identified on the record to the
commission and any information provided through the ex parte contact shall be
stricken from the commissionís records and disregarded[ In the event an
ex parte contact occurs, the name of the person making the contact shall be
revealed on the record. In no event shall the information conveyed in an ex
parte contact be relied upon or considered in reaching a decision].
††††† Section 10.[
Report and Recommended Order. Upon the conclusion of a hearing, the hearing
officer shall make a report and recommended order which shall contain his
finding of facts and conclusions of law. Copies of the report and recommended
order shall be served upon each of the parties to the matter heard.
Exceptions and Replies. Any party to a hearing may, within twenty (20) days
after the date the finding of facts and conclusions of law and recommended
order is filed with the commission, file and serve exceptions. Exceptions shall
consist of as many objections to the whole or any part of the finding of facts
and conclusions of law as the party filing the exceptions desires to make, with
each objection numbered. Each objection shall fully state the nature and
grounds for the objection. Parties filing exceptions shall serve a copy upon
every other party participating in the hearing and shall certify to the
commission that such service has been accomplished. Replies to exceptions shall
be filed and served within twenty (20) days after the filing of exceptions, if
any party desires to make a reply. The reply shall consist of a separate reply
to each objection set out in the exceptions. Any party filing a reply shall
serve a copy on every other party participating in the hearing and shall
certify to the commission that such service has been accomplished.
Final Order. Upon the filing of the exceptions and replies or upon expiration
of the time for filing exceptions and replies, the hearing officer shall render
the complete record to the commission which shall consider and rule upon the
case. The commission may, after a study of the case, refer it back to the
hearing officer and request the taking of more proof on any point in issue. The
commission may require oral argument of the case. When the commission has
rendered its decision in the case, its decision shall be served by mail upon
all parties and shall be the final order of the commission. The final order
shall contain the date of its rendition, and shall be final for purposes of
Service of Motions, Pleadings. Copies of all motions and pleadings shall be
served upon all interested parties, in addition to filing the required copies
before the commission.[ There shall be no demurrers. Motions to dismiss, setting
forth the reasons in support of the motion, may be heard by the commission.]
††††† Section 11[
Reconsideration Hearings. Any party to the proceeding may request in writing a
hearing for purposes of reconsideration of a commission decision of any matter
formally heard by the commission.
††††† (1) The request shall be filed with the executive director within fifteen (15) days from the date the notice of the commissionís decision is mailed.
††††† (2) A reconsideration hearing shall be granted only if the request presents significant, relevant information not previously available for consideration, or demonstrates that there have been significant changes in the factors or circumstances relied upon by the commission in reaching its decision, or demonstrates that the commission has materially failed to follow its adopted procedures in reaching its decision.
††††† (3) The commission shall consider requests for reconsideration in a summary manner.
††††† (4) If a hearing for reconsideration is granted by the commission, it shall be conducted in accordance with the requirements of this administrative regulation.
††††† (5) The reconsideration hearing shall be held within thirty (30) days of the decision to grant the request for reconsideration.
††††† Section 12[
Notices. (1) Upon the filing of an appeal from an order or
decision, the appellant shall serve a copy on all interested parties.
††††† (2) All other hearings except license suspension or revocation hearings shall be held only after notice given at least ten (10) days before the date of the hearing.
A notice of a license suspension or revocation hearing by registered mail to
the licensee, sent to the business address of the licensee shown on the latest
application for a license shall be [
††††† Section 13[
Specifications as to Pleadings, Complaints, Briefs, Motions, Etc. Except if[ when]
permission is granted by the hearing officer, all papers pursuant to
this administrative regulation[ filed under these rules]
shall be typewritten or printed.
††††† (1) All copies shall be clearly legible and double spaced, except for quotations.
††††† (2) All motions, complaints, briefs, etc., shall be made on unglazed paper eight and one-half (8 1/2) inches wide and eleven (11) inches long.
††††† Section 14[
Subpoenas and Subpoena Duces Tecum. (1) The party desiring
a subpoena shall make application at least five (5) days before the hearing
date with the executive director of the commission.
††††† (2) The application shall be in writing, and shall state the name and address of each witness required.
If evidence other than oral testimony is required, such as documents or written
data, the application shall establish[
the specific matter to be produced and sufficient facts to indicate that such
matter is reasonably necessary to establish the cause of action or defense of
††††† Section 15[
Costs of Hearing. (1) If the commission, by issuance of a
final order,[ .] finds that a violation has been committed by a
licensee, or upholds the recommendation of the hearing officer in a matter
involving an applicant for a motor vehicle dealer license, the commission may
assess to the licensee or the applicant the fee charged to the commission for
the transcription of the record and the fee charged by the hearing officer.
If the hearing officer or the commission finds that the hearing has been
held as a result of an allegation or charge lacking substantial merit, or if
the hearing officer or commission finds that a party to the hearing has
materially delayed or increased the cost of the hearing through its actions,
the commission shall[
may] assess to
the party bringing the allegation or causing the delay, the fee charged to the commission
for transcription of the record and the fee charged by the hearing officer.
††††† (3) The fee assessed for the transcription of the record and for the hearing officer shall be the actual costs charged to the commission for that particular hearing, and may be assessed in addition to any fine levied by the commission.
RAY COTTRELL, Chairman
††††† APPROVED BY AGENCY: August 13, 2013
††††† FILED WITH LRC: August 14, 2013 at 11 a.m.
††††† CONTACT PERSON: Carlos R. Cassady, Executive Director, Kentucky Motor Vehicle Commission, 105 Sea Hero Road, Suite 1, Frankfort, Kentucky 40601, phone (502) 573-1000, fax (502) 564-5487.