217B.990 Penalties for chapter.

336 words·~2 min read·/ky/chapter-217b/217b-990

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

(1)Any person who violates any of the provisions of this chapter or who fails to

perform any duties imposed by those sections, or who violates any determination or

order of the department promulgated pursuant thereto shall be liable to a civil

penalty of not to exceed the sum of one thousand dollars ($1,000) for that violation,

and an additional civil penalty of not to exceed one thousand dollars ($1,000) for

each day during which the violation continues, and in addition, may be enjoined

from continuing the violations as provided in this section. The penalties shall be

recoverable in an action brought in the name of the Commonwealth of Kentucky by

the department, or upon the department's request by the Attorney General.

(2)Any person who fails to abate a violation within the time period prescribed by

administrative regulation for the abatement shall be assessed a civil penalty of not

less than one hundred dollars ($100). Each day of continuing violation may be

deemed a separate violation for the purpose of penalty assessment. The

Commissioner shall develop a method for calculating monetary penalties and shall

promulgate a schedule of the penalties in an administrative regulation. The penalty

shall be recoverable in an action brought in the name of the Commonwealth. All

sums of recovery shall be placed in the State Treasury. A license holder shall have

thirty

(30)days from notification of the penalty assessment to request a hearing.

(3)Any person who shall willfully violate any of the provisions of this chapter or any

determination or order of the department promulgated pursuant to those sections

which have become final shall be guilty of a misdemeanor and upon conviction

thereof shall be punished by a fine of not less than one hundred dollars ($100) nor

more than one thousand dollars ($1,000) or by imprisonment for a term of not more

than one

(1)year, or by both fine and imprisonment for each separate violation.

Each day upon which such violation occurs shall constitute a separate violation.