RELATES TO: KRS 13B, 227.550, 227.640(4)
NECESSITY FUNCTION AND CONFORMITY:
KRS 227.590(1) requires the
Department of Housing, Buildings and Construction to promulgate administrative
regulations to effectuate the provisions of
KRS 227.550 to
227.660.
KRS 227.640(4) requires the
department to establish a dispute resolution process that may be used prior to
a formal hearing under KRS Chapter 13B. This administrative regulation
establishes a mediation process for dispute resolution.
Section 1. Kentucky Manufactured Housing
Mediation Program. The department shall administer the Kentucky Manufactured
Housing Mediation Program.
Section
2. Eligibility for Mediation.
(1) A consumer, applicant, or a licensee
subject to disciplinary action under
KRS 227.640, may request mediation prior to a
formal hearing under KRS Chapter 13B.
(2) A request to mediate shall be submitted
to the department in writing.
Section
3. Mediation Procedures.
(1)
Mediations shall be conducted by the Office of Administrative Hearings within
the Public Protection Cabinet.
(2)
Mediations shall be scheduled by the Office of Administrative Hearings within
the Public Protection Cabinet at a time agreed upon by all
participants.
(3) The mediation may
be rescheduled with written agreement of all participants.
(4) If the mediator initially assigned has a
conflict of interest, the mediator, or the participants, shall request an
alternate mediator from the Office of Administrative Hearings within the Public
Protection Cabinet.
(5) Mediation
shall proceed only if each participant is present and has full settlement
authority. The participants shall be responsible to ensure that all necessary
persons are present at the mediation.
(6) Participation in the mediation shall
constitute an agreement by the participants that all offers of compromise,
promises, or statements made in the course of the mediation shall not be
offered at any subsequent hearing or trial relating to the subject matter of
the dispute unless otherwise discoverable.
(7) The content of the mediation shall remain
confidential as permitted by state and federal law.
(8) The mediator shall not be subject to
participation or subpoena in subsequent proceedings regarding the matter
mediated.
(9) Following successful
mediation, an agreement shall be prepared at the direction of the mediator and
executed by the participants.
Section
4. Costs of Mediation. Cost of mediations conducted pursuant to
this administrative regulation shall be divided equally among the
participants.
