250.446 Notice of violation -- Hearing -- Administrative sanctions -- Prosecution in

357 words·~2 min read·/ky/250-446

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

court -- Injunctive relief.

(1)If it shall appear from the examination of any fertilizer that any of the provisions of

KRS 250.361 to 250.451 or regulations issued thereunder have been violated, the

director shall notify the registrant, licensee, distributor, or processor from whom the

sample was taken of the alleged violations and designate a time and place for an

informal hearing under administrative regulations promulgated by the director. If it

appears after the informal hearing, either in the presence or absence of the person so

notified, that any of the provisions of KRS 250.361 to 250.451 or administrative

regulations promulgated thereunder have been violated, the director may issue a

letter of reprimand, levy a fine pursuant to KRS 250.990, or impose any other

administrative penalties or sanctions authorized under KRS 250.361 to 250.451.

Any penalty or sanction imposed as a result of an informal hearing may be

appealed, and upon appeal an administrative hearing shall be conducted in

accordance with KRS Chapter 13B.

(2)Nothing in KRS 250.361 to 250.451 shall be construed as requiring the director to

report for prosecution or for the institution of seizure proceedings minor violations

of KRS 250.361 to 250.451, when he believes that the public interests will be best

served by a letter of reprimand.

(3)If, after completing the hearing process contained in subsection

(1)of this section,

the director has probable cause to believe that a criminal offense has been

committed, he shall report the matter to the Attorney General or the county attorney

of the county in which the alleged offense occurred. It shall be the duty of the

Attorney General or appropriate county attorney to whom any offenses are reported

to cause appropriate proceedings to be instituted and prosecuted in a court of

competent jurisdiction without delay.

(4)The director may petition a court of competent jurisdiction for a temporary or

permanent injunction restraining any person from violating or continuing to violate

any of the provisions of KRS 250.361 to 250.451 or any administrative regulation

promulgated under KRS 250.361 to 250.451, notwithstanding the existence of other

remedies at law. The injunction shall be issued without bond.