RELATES TO: KRS 121.130(1), 121.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
authorizes the Registry of Election Finance to promulgate administrative
regulations necessary to carry out the provisions of KRS Chapter 121. This
administrative regulation establishes conciliation procedures.
(1) Upon a registry finding of probable
cause, the general counsel and executive director shall attempt to correct or
prevent the violation by informal methods of conference conciliation and
persuasion, and shall attempt to reach a tentative conciliation agreement with
conciliation negotiations, the general counsel and executive director shall
consider as a mitigating factor the attendance by a candidate or treasurer at
one (1) or more training sessions sponsored by the registry, directly preceding
the election during which the violation occurred. Based upon this and any other
mitigating factors, the general counsel and executive director may reduce a
fine, if proposed by the registry.
(3) A conciliation agreement shall not be
binding upon either party until it is signed by the respondent, the general
counsel, and the executive director and approved by the registry.
(4) If the probable cause to believe finding
is made within forty-five (45) days preceding an election, the conciliation
attempt shall continue for at least fifteen (15) days from the date of the
finding. In all other cases, conciliation attempts by the registry shall
continue for at least thirty (30) days, not to exceed ninety (90)
(5) If a conciliation
agreement is reached between the registry and the respondent, the general
counsel shall send a copy of the signed agreement to both complainant and
Public Disclosure of Registry Action.
the registry makes a finding of no reason to believe or no probable cause or
otherwise terminates its proceedings, it shall make public its determination
and the basis for the determination no later than thirty (30) days from the
date on which the required notifications are sent to complainant and
(2) If a conciliation
agreement is finalized, the registry shall make the agreement public.
Except as provided in subsections (1) and
(2) of this section, a complaint filed with the registry, any notification sent
by the registry, any investigation conducted by the registry, or any findings
made by the registry shall not be made public by the registry without the
written consent of the respondent until a written response has been received or
the expiration of the fifteen (15) day response period required by Section 3 of
32 KAR 2:030
. Upon receipt of a response or the expiration of the fifteen (15)
day period, the complaint, response, and materials related thereto, exclusive
of materials exempted by KRS 61.878(1)
, shall be open for public
(4) Except as provided
in subsections (1) and (2) of this section, an action by the registry or by any
person, and information derived in connection with conciliation efforts shall
not be made public by the registry until a final action with regard to a
conciliation attempt is taken.