250.601 Violations of KRS 250.491 to 250.631 -- Hearings -- Prosecution by county

475 words·~2 min read·/ky/250-601

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

attorney -- Injunction -- Judicial review -- Protection of trade secrets.

(1)If the director has probable cause to believe that any of the provisions of KRS

250.491 to 250.631 have been violated, he shall notify the person involved of the

alleged violations and designate a time and place for an informal hearing under

administrative regulations promulgated by the director. If, after the informal hearing

or without the hearing if the person fails to appear, the director determines that a

violation has occurred, he may issue a letter of reprimand, levy a fine for chronic

violators, or impose any other penalty or sanction authorized under KRS 250.491 to

250.631, or under KRS 250.990. Any penalty or sanction imposed may be appealed,

and upon appeal an administrative hearing shall be conducted in accordance with

KRS Chapter 13B.

(2)Nothing in KRS 250.491 to 250.631 shall be construed as requiring the director or

his representative to impose a more extreme penalty or sanction as a result of minor

violations of KRS 250.491 to 250.631 when he believes the public interest will best

be served by the issuance of a letter of reprimand.

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

(1)of this

section, the director has probable cause to believe that a criminal offense has

occurred, he shall report it to the county attorney of the county in which the alleged

offense occurred. It shall be the duty of each county attorney to whom any violation

is 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 to grant a temporary or

permanent injunction restraining any person from violating or continuing to violate

any of the provisions of KRS 250.491 to 250.631 or any administrative regulation

promulgated under KRS 250.491 to 250.631, notwithstanding the existence of other

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

(5)Any person adversely affected by a final order made in accordance with subsection

(1)of this section may bring action in Fayette Circuit Court for judicial review of

the final order in accordance with KRS Chapter 13B.

(6)It shall be unlawful for any person to use to his own advantage, or reveal to other

than the director, or officers of the Kentucky Agricultural Experiment Station, or to

the courts when relevant in any judicial proceedings, any information acquired

under the authority of KRS 250.491 to 250.631, concerning any method, records,

formulations, or processes which as a trade secret is entitled to protection. This

prohibition shall not be deemed as prohibiting the director, or his duly authorized

agent, from exchanging information of a regulatory nature with duly appointed

officials of the United States government, or of other states, who are similarly

prohibited by law from revealing this information.