314.991 Penalties.
480 words·~2 min read·
/ky/chapter-314/314-991A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who violates any provision of this chapter for which no other penalty
has been provided shall be fined not less than fifty dollars ($50) nor more than five
hundred dollars ($500). Each day he violates any provisions of this chapter shall be
considered a separate offense.
(2)Any person who willfully makes any false representation to the board in applying
for a license under this chapter shall be fined not more than five hundred dollars
($500).
(3)For any violation of this chapter where the board has the power to deny, revoke,
probate, limit, or suspend a license, the board may, in lieu thereof or in addition to
other remedies, impose a civil penalty against the violator of not more than ten
thousand dollars ($10,000).
(4)Any person who knowingly violates KRS 314.031(1) or KRS 314.035(1) shall, for
the first occurrence, be imprisoned for not more than twelve
(12)months or fined
not more than five hundred dollars ($500), or both.
(5)Any person who knowingly violates KRS 314.031(1) or KRS 314.035(1) on a
second or subsequent occasion shall be imprisoned for not more than five
(5)years
or fined not more than ten thousand dollars ($10,000), or both.
(6)Any unlicensed person who knowingly poses as someone else who does hold a
license under this chapter shall be guilty of a violation of KRS 314.031(1), and the
penalties set out in subsections
(4)and
(5)of this section all apply to such conduct.
(7)In addition to the penalties provided in subsections
(4)and
(5)of this section, the
board may impose civil penalties for violations of KRS 314.031(1) or KRS
314.035(1) in an amount equal to one hundred dollars ($100) for each day during
which a violation occurred or continued.
(8)All civil penalties received and collected by the board shall be deposited with the
State Treasurer of the Commonwealth of Kentucky, who shall place the money to
the credit of the revolving fund of the board.
(9)Any civil penalty received and collected by the board may be recovered in an action
brought thereon in the name of the Commonwealth of Kentucky in the Circuit
Court.
(10)Whenever the board has reason to believe that any person is in violation or is about
to violate any provision of this chapter, it may seek a restraining order, temporary or
permanent injunction, or other civil remedy against such person in the Circuit
Court.
(11)In order to obtain a temporary or permanent restraining order, or other equitable
remedy, it shall not be necessary to allege or prove that an adequate remedy at law
does not exist, nor shall it be necessary to allege or prove that irreparable injury,
loss, or damage will result if the injunctive relief is denied. Further, it shall not be
necessary to allege or prove that criminal action has been first instituted.