222.504 Powers and duties of cabinet -- Legal actions -- Fines -- Compliance.
475 words·~2 min read·
/ky/chapter-222/222-504A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The cabinet shall:
(a)Require certified recovery residences to provide proof of certification at least
annually;
(b)Require certified recovery residences to notify the cabinet of any change in
their certification status, including but not limited to a suspension or
revocation of certification by a certifying organization;
(c)Require separate proof of certification for each recovery residence owned or
operated by an individual or entity in the Commonwealth;
(d)Post on its website the name, telephone number, and location by local
jurisdiction of each certified recovery residence and shall update the list at
least quarterly;
(e)Post on its website the name of each certifying organization approved by the
cabinet; and
(f)Notify local governments with appropriate jurisdiction of receipt of proof of
certification from a recovery residence within thirty
(30)days of receipt of
proof of certification.
(2)The cabinet shall not disclose the address of a recovery residence except to local
governments, local law enforcement, and emergency personnel.
(3)The cabinet may:
(a)In lieu of posting the information required by subsection (1)(d) of this section
to its website, post a link to another website that aggregates information on
certified recovery residences or other information providers; and
(b)Promulgate administrative regulations in accordance with KRS Chapter 13A
to carry out the provisions of this section and KRS 222.500, 222.502,
222.506, 222.508, and 222.510.
(4)If a recovery residence violates any provision of this section, KRS 222.502, or any
administrative regulation promulgated thereunder, the cabinet and local
governments are hereby granted the authority and legal standing necessary to
impose civil fines as permitted under subsection
(5)of this section and to initiate
appropriate legal action to compel a recovery residence that is operating in violation
of KRS 222.502 to cease operating.
(a)Any certified recovery residence or other person operating a recovery
residence who knowingly fails to submit any report, data, or other information
as may be required by the cabinet through the promulgation of an
administrative regulation or by a local government through the enactment of a
local ordinance or who submits fraudulent reports, data, or information may
be subject to civil fines established by the cabinet through the promulgation of
an administrative regulation or by a local government through the enactment
of a local ordinance.
(b)Any person or entity who knowingly establishes, maintains, or operates an
uncertified recovery residence in violation of KRS 222.502 may be subject to
civil fines established by the cabinet through the promulgation of an
administrative regulation or by a local government through the enactment of a
local ordinance.
(6)Notwithstanding any law to the contrary, a recovery residence that furnishes proof
of current certification from a certifying organization to a local government shall be
presumed by the local government to be in compliance with this section and KRS
222.500, 222.502, 222.506, 222.508, and 222.510.