336.250 Violations -- Penalties.

321 words·~1 min read·/ky/chapter-336/336-250

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

(1)A person shall not knowingly:

(a)After July 15, 2024, offer or provide professional employer services or use the

names professional employer organization, PEO, staff leasing, employee

leasing, administrative employer, or other title representing professional

employer services without first becoming registered under KRS 336.230 to

336.250; or

(b)Provide false or fraudulent information to the Department of Workers' Claims

in conjunction with any registration, renewal, or in any report required under

KRS 336.230 to 336.250.

(2)Action may be taken by the Department of Workers' Claims against:

(a)Any person for violation of subsection

(1)of this section;

(b)A professional employer organization or the controlling person of a

professional employer organization upon the conviction of a professional

employer organization or the controlling person of a professional employer

organization of a crime that relates to the operation of the professional

employer organization or the ability of the registrant or the controlling person

of the registrant to operate the professional employer organization;

(c)A professional employer organization or the controlling person of a

professional employer organization for knowingly making a material

misrepresentation to the Department of Workers' Claims or any other state

agency; or

(d)A professional employer organization or the controlling person of a

professional employer organization for a willful violation of KRS 336.230 to

336.250 or any order or administrative regulation issued by the Department of

Workers' Claims under KRS 336.230 to 336.250.

(3)Upon finding that a professional employer organization or the controlling person of

a professional employer organization has violated any provision of KRS 336.230 to

336.250, the Department of Workers' Claims may:

(a)Deny an application for a registration;

(b)Revoke, restrict, or refuse a registration;

(c)Impose a civil penalty not to exceed one thousand dollars ($1,000) for each

violation;

(d)Place a registration on probation and subject to conditions specified by the

Department of Workers' Claims; or

(e)Issue a cease and desist order.