219.380 Powers of cabinet and local health departments -- Duties of public

297 words·~1 min read·/ky/219-380

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

prosecutors.

(1)The cabinet may administer the provisions of KRS 219.310 to 219.410 through the

respective local health department concerned. Officials and employees of the

cabinet and of local health departments are empowered to enter upon the premises

of any community at any reasonable time for the purposes set forth in KRS 219.310

to 219.410.

(2)The cabinet or local health department concerned, after notice to the applicant or

holder of a permit to operate, construct, or alter a community, and after an

opportunity for a hearing, is authorized to deny, suspend, or revoke a permit in any

case where it finds that there has been a failure to comply with the requirements

established under KRS 219.310 to 219.410 or the administrative regulations

promulgated by the secretary. Hearings shall be in accordance with KRS Chapter

13B.

(3)It shall be the duty of each Commonwealth's attorney, county attorney, city attorney,

or Attorney General within their respective jurisdiction to whom the cabinet or local

health department or its agents report any violation of KRS 219.310 to 219.410, to

enforce the provisions of KRS 219.310 to 219.410.

(4)Nothing in KRS 219.310 to 219.410 shall be construed as requiring the cabinet or

local health department to report for the institution of proceedings under KRS

219.310 to 219.410, violations of KRS 219.310 to 219.410, whenever the cabinet or

local health department concerned believes that the public interest will be

adequately served in the circumstances by a suitable written order.

(5)Notwithstanding the existence or pursuit of any other civil or criminal remedy, the

cabinet or local health department concerned may maintain, in its own name, an

action to restrain or enjoin any violation of KRS 219.310 to 219.410, irrespective of

whether or not there exists an adequate remedy at law.