341.990 Penalties.
884 words·~4 min read·
/ky/chapter-341/341-990A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as otherwise provided in subsection
(11)of this section, any employee
of any state agency who violates any of the provisions of KRS 341.110 to
341.230 shall be guilty of a Class B misdemeanor.
(2)Any person subpoenaed to appear and testify or produce evidence in an
inquiry, investigation, or hearing conducted under this chapter who fails to obey
the subpoena shall be guilty of a Class B misdemeanor.
(3)Any subject employer, or officer or agent of a subject employer, who violates
subsection
(1)of KRS 341.470 shall be guilty of a Class A misdemeanor.
(4)Any person who violates subsection
(2)of KRS 341.470 shall be guilty of a
Class A misdemeanor.
(a)Any person who knowingly makes a false statement or representation of
a material fact or knowingly fails to disclose a material fact to the
secretary to obtain or increase any benefit under this chapter or under an
employment security law of any other state, or of the federal government,
either for himself or herself or for any other person, business entity, or
organization shall be guilty of a Class B misdemeanor unless:
1. The value of the benefits procured or attempted to be procured is
five hundred dollars ($500) or more but less than one thousand
dollars ($1,000), in which case it is a Class A misdemeanor;
2. The value of the benefits procured or attempted to be procured is
one thousand dollars ($1,000) or more, in which case it is a Class D
felony; or
3. The person has three
(3)or more convictions under subparagraph
1. of this paragraph within the last five
(5)years, in which case it is a
Class D felony. The five
(5)year period shall be measured from the
dates on which the offenses occurred for which the judgments of
conviction were entered.
(b)If any person commits two
(2)or more separate offenses under
paragraph
(a)of this subsection within ninety
(90)days, the offenses may
be combined and treated as a single offense, and the value of the
property in each offense may be aggregated for the purpose of
determining the appropriate charge.
(a)Any person who knowingly makes a false statement or representation, or
who knowingly fails to disclose a material fact to prevent or reduce the
payment of benefits to any worker entitled thereto, or to avoid becoming
or remaining subject to this chapter, or to avoid or reduce any payment
required of an employing unit under this chapter shall be guilty of a Class
B misdemeanor unless:
1. The liability avoided or attempted to be avoided is five hundred
dollars ($500) or more but less than one thousand dollars ($1,000),
in which case it is a Class A misdemeanor;
2. The liability avoided or attempted to be avoided is one thousand
dollars ($1,000) or more, in which case it is a Class D felony; or
3. The person has three
(3)or more convictions under subparagraph
1. of this paragraph within the last five
(5)years, in which case it is a
Class D felony. The five
(5)year period shall be measured from the
dates on which the offenses occurred for which the judgments of
conviction were entered.
(b)If any person commits two
(2)or more separate offenses under
paragraph
(a)of this subsection within ninety
(90)days, the offenses may
be combined and treated as a single offense, and the value of the
property in each offense may be aggregated for the purpose of
determining the appropriate charge.
(c)Any person who willfully fails or refuses to furnish any reports required, or
to produce or permit the inspection or copying of records required in this
chapter shall be guilty of a Class B misdemeanor. Each such false
statement, representation or failure and each day of failure or refusal shall
constitute a separate offense.
(7)In any prosecution for the violation of subsection
(5)or
(6)of this section, it
shall be a defense if the person relied on the advice of an employee or agent of
the Office of Unemployment Insurance.
(8)Any person who willfully violates any provision of this chapter or any rule or
regulation under it, the violation of which is made unlawful or the observance of
which is required under the terms of this chapter, and for which no specific
penalty is prescribed in this chapter or in any other applicable statute, shall be
guilty of a violation. Each day the violation continues shall constitute a separate
offense.
(9)In addition to the higher rates imposed under KRS 341.540(7), any person,
whether or not an employing unit, who knowingly advises or assists an
employing unit in the violation or attempted violation of KRS 341.540 or any
other provision of this chapter related to determining the assignment of a
contribution rate shall be subject to a civil monetary penalty of not less than five
thousand dollars ($5,000).
(10)Proceeds from all penalties imposed under subsection
(9)of this section and
KRS 341.540 shall be deposited in the unemployment compensation
administration account and shall be expended solely for the cost of
administration of this chapter consistent with KRS 341.240.
(11)Any person who violates the confidentiality provision in KRS 341.190(4) shall
be guilty of a Class A misdemeanor.