{"data":{"id":"us-ky/krs-6.691","jurisdiction":"us-ky","citation":"KRS 6.691","heading":"Adjudicatory proceedings -- Action by commission -- Appeal.","body":"(1) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall\napply to all commission adjudicatory hearings. All testimony in a commission\nadjudicatory proceeding shall be under oath. All parties shall have the right to call\nand examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit\nevidence, and to be represented by counsel and any other due process rights,\nprivileges, and responsibilities of a witness appearing before the courts of the\nCommonwealth of Kentucky. Be fore testifying, all witnesses shall be given a copy\nof the regulations governing commission proceedings. All witnesses shall be\nentitled to be represented by counsel.\n(2) Any person whose name is mentioned during adjudicatory proceedings of the\ncommission and who may be adversely affected thereby may appear personally\nbefore the commission on the person's own behalf, with or without attorney, to give\na statement in opposition to such adverse mention or file a written statement of that\nopposition for incorporation into the record of proceeding.\n(3) All adjudicatory proceedings of the commission carried out pursuant to the\nprovisions of this section shall be public, unless the members vote to go into\nexecutive session in accordance with KRS 61.810.\n(4) Within thirty (30) days after the end of an adjudicatory proceeding pursuant to the\nprovisions of this section, the commission shall meet in executive session for the\npurpose of reviewing the evidence before it. Within thirty (30) days after\ncompletion of delibe rations, the commission shall publish a written report of its\nfindings and conclusions which shall be based on whether the person accused has\ncomplied with the statute as written.\n(5) No penalty provided for in this section shall be imposed except as the r esult of an\nadjudicatory proceeding held upon the filing of a complaint. Notwithstanding the\nadministrative penalties provided for in KRS 6.797, 6.807, and 6.821, the\ncommission, upon a finding pursuant to an adjudicatory proceeding that there has\nbeen clear and convincing proof of a violation of this code, may:\n(a) Issue an order requiring the violator to cease and desist the violation;\n(b) Issue an order requiring the violator to file any report, statement, or other\ninformation as required by this code;\n(c) In writing, publicly reprimand the violator for potential violations of the law\nand provide a copy of the reprimand to the presiding officer of the house in\nwhich the alleged violator serves;\n(d) In writing, recommend to the house in which the violator serves that the\nviolator be sanctioned as recommended by the commission, which may\ninclude a recommendation for censure or expulsion;\n(e) Issue an order requiring the violator to pay a civil penalty of not more than\ntwo thousand dollars ($2,000); or\n(f) Revoke the registration of any legislative agent or employer for a period not to\nexceed five (5) years. During the period of the revocation, the agent or\nemployer or any other entity which constitutes nothing more than the\nlegislative agent or employer operating under a different name or identity shall\nnot be permitted to register as a legislative agent or employer.\n(6) The commission may refer to the Attorney General, county attorney, or\nCommonwealth's attorney of the appropriate jurisdiction, for prosecutio n evidence\nof criminal violations of this code. The Attorney General shall have responsibility\nfor all prosecutions under the law and may request from the commission all\nevidence collected in its investigation.\n(7) Findings of fact or final determinations by the commission that a violation of this\ncode has been committed, or any testimony related to the commission's findings of\nfact or final determinations, shall not be admissible in criminal proceedings in the\ncourts of the Commonwealth of Kentucky. Eviden ce collected by the commission\nmay be used in a criminal proceeding if otherwise relevant.\n(8) Any person found by the commission to have committed a violation of this code\nmay appeal the action to the Franklin Circuit Court. The appeal shall be initiated\nwithin thirty (30) days after the date of the final action of the commission by filing a\npetition with the court against the commission. The commission shall transmit to\nthe clerk of the court all evidence considered by the commission at the public\nhearing. The court shall hear the appeal upon the record as certified by the\ncommission.","path":["KRS Chapter 6"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=358","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:25Z","sha256":"793f602c656ec1e35a90bf1325f29ebe85a15034d12ee8482cccf4c73963cfcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-6.690","next":"us-ky/krs-6.695"},"notice":"GroundRules: Original legal text. Not legal advice."}