86-2-7 Informal disposition
of complaint by agreement.
- When the Commission has information indicating that a person
may be engaging in a practice that involves a violation of the Kansas
real estate brokers' and salespersons' license act or rules and regulations
adopted thereunder, the Commission and the affected person may agree
to dispose of such matter on an informal, nonadjudicatory basis if
the Commission deems the public interest will be fully safeguarded
thereby.
- In determining whether the public interest will be fully safeguarded
through such informal administrative action, the Commission shall
consider:
- The nature and gravity of the alleged violation;
- the prior record and good faith of the person involved; and
- other factors, including, when appropriate, adequate assurance
of voluntary compliance.
- Each agreement executed pursuant to this regulation shall provide
for full restitution to any injured party and shall contain, in addition
to an appropriate order, an admission of proposed findings of fact
and conclusions of law submitted by the Commission and a waiver of
further procedural steps and of all rights to seek judicial review
or otherwise to challenge or contest the validity of the order. Such
other terms as the Commission finds necessary to protect the public
interest shall also be included in such agreement.
- A violation of any agreement entered into pursuant to this
regulation shall be deemed a violation of the Kansas real estate brokers'
and salespersons' license act.
(Authorized by K.S.A. 74-4202(b); implementing L. 1984, Ch. 313, Sec.
5; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986.)
