338.201 Lien on property of employer who violates provisions of chapter --
317 words·~1 min read·
/ky/338-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Recording of lien.
(1)A lien may be placed on all property, both real and personal, of an employer
who has violated any requirement of this chapter, if the citation issued by the
commissioner has been upheld by a final order of the review commission, but
not before all administrative and judicial appeals have been exhausted. The
lien shall be in favor of the Education and Labor Cabinet and shall be an
amount totaling the penalties due, together with interest at a rate of twelve
percent (12%) per annum from the date the order of the review commission is
final, but not before all administrative and judicial appeals have been
exhausted. The lien shall be attached to all property and rights to property
owned or subsequently acquired by the employer. The commissioner or the
commissioner's designee shall record the lien as provided in subsection
(2)of
this section. The lien shall show the date on which the citation was issued, the
date of the violation, the name and last known address of the employer against
whom the assessment was made, and the amount of penalties and interest.
The lien shall be superior to the lien of any mortgage or encumbrance
thereafter created and shall continue for ten
(10)years from the time of the
recording, unless sooner released or otherwise discharged.
(2)The lien shall be filed in any of the following offices in which the employer owns
property or rights to property and any filing fees associated with filing the lien
shall be pursuant to KRS 64.012:
(a)The office of the county clerk of the county in which the defendant
employer resides.
(b)The office of the county clerk of the county in which the defendant
employer has its principal place of business.
(c)The office of the county clerk of any county in which the defendant
employer has property or an interest in property.