207.230 Citizen suits.

261 words·~1 min read·/ky/chapter-207/207-230

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

Notwithstanding the provisions of KRS 207.200 and 207.210, citizen suits may be commenced under the following terms and conditions:

(1)Any person deeming himself injured by any act in violation of the provisions of

this chapter shall have a civil cause of action in Circuit Court to enjoin further

violations, and to recover the actual damages sustained by him, and upon

judicial finding of any violation of KRS 207.150 to 207.190, shall recover the

costs of the law suit, including a reasonable fee for his attorney of record, all of

which shall be in addition to any other remedies contained in KRS 207.130 to

207.240.

(2)Notice. No action may be commenced:

(a)Prior to thirty

(30)days after the plaintiff has given notice of the violation

to the commissioner of workplace standards.

(b)If the commissioner of workplace standards has commenced and is

diligently prosecuting a civil action to require compliance with KRS

207.130 to 207.240; however, the aforementioned conditions do not

prohibit citizen-initiated civil enforcement action contemporaneously with

criminal enforcement efforts by the state.

(c)In any civil action under this section, the commissioner of workplace

standards, under the direction of the secretary of the Education and Labor

Cabinet, if not a party, may intervene only with consent of the person

bringing the action. If the administrator is allowed to intervene, he may not

alter the cause of action, delay the proceedings, or make any decisions,

settlement agreements, or agree to any consent orders or enforcement

proceeding without the informed consent of the person initiating the

citizens enforcement action.