{"data":{"id":"us-ky/krs-286.13-125","jurisdiction":"us-ky","citation":"KRS 286.13-125","heading":"Written notice or administrative complaint before commissioner takes","body":"restrictive action -- Hearing -- Service of notice -- Consent order.  (Effective\nApril 30, 2027)\n(1) As used in this section:\n(a) \"Applicant\" includes:\n1. With respect to con ditions placed on, or denial of an application for, an\napproval to engage in virtual currency kiosk business through an agent\nin this state, a proposed agent; and\n2. With respect to a denial of an application for approval of a change of\ncontrol, a person that filed the application seeking the change of control;\nand\n(b) \"Person\" means any applicant, licensee, virtual currency kiosk operator,\nagent, or other person.\n(2) The commissioner shall serve written notice on an applicant prior to:\n(a) Placing conditions on:\n1. A license; or\n2. An approval to engage in virtual currency kiosk business at a location,\nor through an agent, in this state; or\n(b) Denying any license or application made under this subtitle.\n(3) An applicant that is served a notice of intent to deny any license or application\nmade under this subtitle shall be entitled to an administrative hearing on the notice\nconducted in accordance with KRS Chapter 13B if the applicant files a written\nrequest for a hearing with the commissioner within twenty (20) days of the date of\nservice.\n(4) (a) The commissioner shall serve an administrative complaint on a person:\n1. Prior to doing any of the following:\na. Taking an adverse action against the person under KRS  286.13-\n130(1)(a)4.;\nb. Issuing a cease and desist order against the person under KRS\n286.13-140; or\nc. Issuing an order that directs the person to:\ni. Pay any fee or civil penalty;\nii. Provide any remedy; or\niii. Be subject to a penalty; and\n2. Simultaneous with the service of an emergency order on the person\nunder KRS 286.13-135.\n(b) Except as provided in paragraph (c) of this subsection, a person that is served\nan administrative complaint under paragraph (a) of this subsection shall be\nentitled to an adm inistrative hearing on the complaint conducted in\naccordance with KRS Chapter 13B if the person files both of the following\nwith the commissioner within twenty (20) days of the date of service:\n1. A written answer to the complaint; and\n2. A request for hearing.\n(c) A person that complies with paragraph (b) of this subsection in response to an\nadministrative complaint and emergency order issued under KRS 286.13 -130\nshall be entitled to an emergency administrative hearing conducted in\naccordance with KRS 13B.125.\n(5) (a) Except as provided in paragraph (b) of this subsection, the commissioner shall\nserve any notice, complaint, or emergency order referenced in this section by\ncertified mail or personal delivery to the person's last known address or upon\nthe person's agent for service of process.\n(b) If the commissioner is unable to reasonably determine a person's last known\naddress or agent for service of process, the commissioner may serve a notice,\na complaint, or an emergency order by certified mail or person al delivery to\nany owner or operator of the premises or real property upon which the\nperson's virtual currency kiosk or kiosks are located.\n(6) Service by certified mail shall be complete as provided in KRS 13B.050(2).\n(7) If any person fails to timely fil e a request for hearing under subsection (3) of this\nsection, or a written answer and request for hearing under subsection (4) of this\nsection, the commissioner may, as applicable and subject to KRS Chapter 13B,\nissue a final order:\n(a) Taking the action that was:\n1. Set forth in the notice; or\n2. Sought in the complaint; or\n(b) Affirming the emergency action that was taken.\n(8) All other requirements of and rights arising under KRS Chapter 13B shall apply to\nadministrative hearings conducted and orders issued under this subtitle.\n(9) The commissioner may, at any time, enter into a consent order with any person to\nresolve a matter arising under this subtitle.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58300","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:16Z","sha256":"5e748eb058df666e251b0a3636cc525dc5547edae58513b771a972ba9f7a6dc2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.13-120","next":"us-ky/krs-286.13-130"},"notice":"GroundRules: Original legal text. Not legal advice."}