KRS § 121.140 — KY Code / Title X / Chapter 121 / Section 121.140
121.140 Investigation of complaint -- Administrative hearing -- Decision and final order -- Appeal from final order -- Reference for possible prosecution -- Judicial review
Status: in_force

121.140 Investigation of complaint -- Administrative hearing -- Decision and final

order -- Appeal from final order -- Reference for possible prosecution --

Judicial review.

(1) Upon the sworn complaint of any person, or on its own initiative, the registry shall

investigate alleged violations of campaign finance law. In conducting any

investigation, the registry shall have the power of subpoena and may compel

production of evidence including the financial records of any person determined by

the registry to be vital to the investigation. The records subject to subpoena include,

but are not limited to, a person's bank records and other relevant documents, but

excluding individual and business income tax records.

(2) If the registry concludes that there is probable cause to believe that the law has been

violated, the registry shall notify the alleged violator of its conclusions and the

evidence supporting them, and shall offer the alleged violator a conciliation

agreement to resolve the issue. A conciliation agreement may require the alleged

violator to comply with one (1) or more of the following:

(a) To cease and desist violations of the law;

(b) To file required reports or other documents or information;

(c) To pay a penalty not to exceed two hundred dollars ($200) a day, up to a

maximum total fine of five thousand dollars ($5,000), for failure to file any

report, payment of an administrative fee, or other document or information

required by law until the report, fee payment, document, or information is

filed; except that there shall be no maximum total fine for candidates for

statewide office; or

(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for

acts of noncompliance with provisions contained within this chapter.

(3) To accept a conciliation agreement, an alleged violator shall deliver the signed

agreement to the registry either in person or by mail postmarked not later than ten

(10) days after the day he received it. The registry may institute a civil action in

Franklin Circuit Court or the Circuit Court for the county of the violator's residence

to enforce the provisions of any conciliation agreement accepted by a violator who

is not complying with its provisions.

(4) If the alleged violator declines to accept the conciliation agreement or fails to

respond within the time allowed, the registry shall conduct an administrative

hearing. The provisions of KRS Chapter 13B shall apply to all registry

administrative hearings except for the provisions of KRS 13B.030(2)(b). A party

adversely affected by the registry's final order may appeal to Franklin Circuit Court

within thirty (30) days after the date of the registry's final order. The violator may

be ordered to comply with any one (1) or more of the following requirements:

(a) To cease and desist violation of this law;

(b) To file any reports or other documents or information required by this law;

(c) To pay a penalty not to exceed two hundred dollars ($200) a day, up to a

maximum total fine of five thousand dollars ($5,000), for failure to file any

report, payment of an administrative fee, or other document or information

required by law until the report, fee payment, document, or information is

filed; except that there shall be no maximum total fine for candidates for

statewide office; or

(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for

acts of noncompliance with provisions contained within this chapter. An

appeal of an order shall be advanced on the docket to permit a timely

decision.

(5) If the registry concludes that there is probable cause to believe that the campaign

finance law has been violated knowingly, it shall refer the violation to the Attorney

General or the appropriate Commonwealth's or county attorney for prosecution. The

Attorney General may request the registry's attorney or the appropriate county or

Commonwealth's attorney to prosecute the matter and may request from the registry

all evidence collected in its investigation. In the event the Attorney General or the

appropriate local prosecutor fails to prosecute in a timely fashion, the registry may

petition the Circuit Court to appoint the registry's attorney to prosecute, and upon a

motion timely filed, for good cause shown, the court shall enter an order to that

effect. Prosecutions involving campaign finance law violations, in which the reports

are required to be filed in Frankfort, may be conducted in Franklin Circuit Court or

in the Circuit Court for the county in which the contribution or expenditure

constituting a campaign finance violation was solicited, made, or accepted. The

prosecution of a person who unlawfully solicits, makes, or accepts a contribution or

expenditure through the use of the mail may be conducted in the Circuit Court for

the county in which the solicitation is mailed, the county in which the contribution

is mailed or received, or the county in which the expenditure is mailed.

(6) If judicial review is sought of any action of the registry relating to a pending

election, the matter shall be advanced on the docket of the court. The court may

take any steps authorized by law to accelerate its procedures so as to permit a

timely decision.