217B.193 Notice of noncompliance -- Civil penalty assessment and development of

265 words·~1 min read·/ky/217b-193

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

schedule.

(1)If any of the requirements of this chapter or administrative regulations promulgated

under this chapter have not been complied with, the department shall cause a notice

of violation to be issued. The department may issue an order for immediate

compliance and assess the civil penalty provided for in this section and in KRS

217B.990, or the department may set forth in his notice a reasonable time period,

but not more than ninety

(90)days, for the abatement of the violation. If any

licensee or registration holder has not abated the violation within the period of time

prescribed in the notice of violation, the department shall issue an order for

immediate compliance and assess the civil penalty provided for in this section and

in KRS 217B.990. The notice of noncompliance shall be mailed to the licensee or

registration holder by certified mail, return receipt requested, addressed to the

permanent address as shown on department records. The notice of noncompliance

shall specify in what respect the licensee or registration holder has failed to comply

with this chapter or administrative regulations promulgated under this chapter. If the

licensee or registration holder has not complied with the requirements set forth in

the notice of noncompliance within the time limit allowed, the license or

registration may be revoked as provided in this chapter.

(2)The department shall develop a method for calculating the civil penalty for a

violation, or failure to abate a violation, within the prescribed time period as

authorized by this section, and he shall promulgate a schedule of the civil penalties

in an administrative regulation.