367.3627 Enforcement authority of Attorney General -- Written notice of violation
362 words·~2 min read·
/ky/367-3627A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
-- Civil action -- Damages -- Recovery of expenses.
(1)The Attorney General shall have exclusive authority to enforce violations of KRS
367.3611 to 367.3629. The Attorney General may enforce KRS 367.3611 to
367.3629 by bringing an action in the name of the Commonwealth of Kentucky or
on behalf of persons residing in this Commonwealth. The Attorney General shall
have all powers and duties granted to the Attorney General under KRS Chapter 15
to investigate and prosecute any violation of KRS 367.3611 to 367.3629. The
Attorney General may demand any information, documentary material, or physical
evidence from any controller or processor believed to be engaged in, or about to
engage in, any violation of KRS 367.3611 to 367.3629.
(2)Prior to initiating any action for violation of KRS 367.3611 to 367.3629, the
Attorney General shall provide a controller or processor thirty
(30)days' written
notice identifying the specific provisions of KRS 367.3611 to 367.3629, the
Attorney General alleges have been or are being violated. If within the thirty
days the controller or processor cures the noticed violation and provides the
Attorney General an express written statement that the alleged violations have been
cured and that no further violations shall occur, no action for damages under
subsection
(3)of this section shall be initiated against the controller or processor.
(3)If a controller or processor continues to violate KRS 367.3611 to 367.3629
following the cure period in subsection
(2)of this section or breaches an express
written statement provided to the Attorney General under subsection
(2)of this
section, the Attorney General may initiate an action and seek damages for up to
seven thousand five hundred dollars ($7,500) for each continued violation under
KRS 367.3611 to 367.3629.
(4)Nothing in KRS 367.3611 to 367.3629 or any other law, regulation, or the
equivalent shall be construed as providing the basis for, or give rise to, a private
right of action for violations of KRS 367.3611 to 367.3629.
(5)The Attorney General may recover reasonable expenses incurred in investigating
and preparing the case, court costs, attorney's fees, and any other relief ordered by
the court of any action initiated under KRS 367.3611 to 367.3629.