260.864 Disciplinary actions against hemp program licensees -- Monetary civil
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/ky/260-864A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
penalty authorized -- Exception.
(1)The department may temporarily suspend a license up to sixty
(60)days if the
licensee is alleged to have:
(a)Violated any provision of KRS 260.850 to 260.869 or an administrative
regulation promulgated under the authority of KRS 260.850 to 260.869;
(b)Made any false statement to the department or its representatives;
(c)Pled guilty to, or been convicted of, any felony or drug-related misdemeanor
or violation;
(d)Failed to comply with only those instructions agreed upon in the contract
signed by the licensee at the time the hemp license was issued; or
(e)Failed to comply with an order from a representative of the department,
representative of the Department of Kentucky State Police, or any law
enforcement officer.
(2)The department may temporarily suspend a license up to sixty
(60)days without
giving the licensee advance notice of the charge against him or her or an
opportunity to be heard.
(3)The department shall not permanently revoke a license until the department has
notified the licensee of the charge against him or her and given the licensee an
opportunity for a hearing before a three
(3)person panel whose members have been
designated by the Commissioner. The three
(3)person panel shall include:
(a)Two
(2)members who are employees of the department; and
(b)One
(1)member who is not an employee of the department.
(4)The department may permanently revoke a license if the licensee admits, or is found
in a hearing, to have:
(a)Violated any provision of KRS 260.850 to 260.869 or an administrative
regulation promulgated under the authority of KRS 260.850 to 260.869;
(b)Made any false statement to the department or its representative;
(c)Pled guilty to, or been convicted of, any felony or drug-related misdemeanor
or violation; or
(d)Failed to comply with any instruction or order from the department, a
representative of the Department of Kentucky State Police, or any law
enforcement officer.
(5)The department may impose a monetary civil penalty, not to exceed two thousand
five hundred dollars ($2,500) per violation, on any person who violates KRS
260.850 to 260.869 or an administrative regulation promulgated under the authority
of KRS 260.850 to 260.869.
(6)The department shall not impose a monetary civil penalty against a person alleged
to have violated KRS 260.850 to 260.869, or an administrative regulation
promulgated under the authority of KRS 260.850 to 260.869, until the department
has notified the person of the charge against him or her and given the person the opportunity for a hearing before the three
(3)person panel.