227.331 Violation of administrative regulations or orders -- Administrative fines --
444 words·~2 min read·
/ky/227-331A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Enforcement actions.
(1)Any person who willfully violates any administrative regulation, emergency order,
or final order of the state fire marshal shall be subject to suspension or revocation of
certificate of authority, occupancy, or other license or permit, or administrative fine
not exceeding one thousand dollars ($1,000) in lieu of suspension or revocation, for
violation of the provision to which the administrative regulation or order relates,
after notice and hearing in accordance with KRS Chapter 13B.
(2)It shall be the duty of the state fire marshal, or upon the commissioner's request, of
the Attorney General, to bring an action to enforce any proper order made or action
taken by the state fire marshal or on his or her authority, or for the recovery of the
penalties provided in subsection
(1)of this section, and to bring an action for a
restraining order or for a temporary or permanent injunction, as the state fire
marshal deems necessary for the prevention or correction of a condition constituting
or threatening to constitute a violation of this chapter or administrative regulations
promulgated thereunder. In any action for a restraining order or for a temporary or
permanent injunction, allegations in a verified complaint or affidavit by the state
fire marshal deputy or employee that the respondent is in violation of specified fire
prevention and protection laws or administrative regulations and the violation or
violations present such hazard to human life or limb that the public safety
imperatively requires emergency action shall be sufficient under Rule 65 of the
Kentucky Rules of Civil Procedure to show that the applicant's rights are being or
will be violated and that he or she will suffer immediate and irreparable injury, loss,
or damage before notice can be served and a hearing had thereon or pending a final
judgment in the action.
(3)All actions for enforcement, recovery of administrative fines, and injunctive relief
for violations of this chapter shall be brought in the name of the Commonwealth of
Kentucky by the state fire marshal, or upon the commissioner's request by the
Attorney General, in the Circuit Court within which the property involved is
located.
(4)If the state fire marshal has reason to believe that any person has violated any
provision of this chapter, for which criminal penalties are provided and in his or her
opinion prosecution would be in order, he or she shall give the information relative
thereto to the appropriate county attorney, Commonwealth's attorney, or to the
Attorney General. The county attorney, Commonwealth's attorney, or Attorney
General shall promptly institute any action or proceedings against the person as in
his or her opinion the information may require or justify.