Kentucky Statutes 151.460 – Actions for penalties and injunctions
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(1) It shall be the duty of the cabinet’s Office of Legal Services, or upon the secretary’s request, of the Attorney General, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction, for the prevention or correction of a condition constituting or threatening to constitute a violation of this chapter, except as provided for in KRS
151.299.
(2) All actions for penalties and injunctive relief for violations of this chapter shall be brought in the name of the Commonwealth of Kentucky by the cabinet’s Office of Legal Services, or upon the secretary’s request, by the Attorney General in the Circuit Court of the county in which the applicant resides, or in the Circuit Court having jurisdiction of the defendant.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 399, sec. 5, effective July 13, 1990. — Amended
1984 Ky. Acts ch. 216, sec. 8, effective July 13, 1984. — Amended 1976 Ky. Acts ch.
289, sec. 5. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9); and ch. 285, sec.
13. — Created 1966 Ky. Acts ch. 23, sec. 37.
Legislative Research Commission Note (10/6/97). 1996 Ky. Acts ch. 360 confirmed a reorganization by which the Department of Law in the Natural Resources and Environmental Protection Cabinet was changed to that cabinet’s Office of Legal Services. For this reason, under KRS § 7.136(2), references to “Department of Law” in subsections (1) and (2) of this statute have been changed to read “Office of Legal Services.”
151.299.
Terms Used In Kentucky Statutes 151.460
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(2) All actions for penalties and injunctive relief for violations of this chapter shall be brought in the name of the Commonwealth of Kentucky by the cabinet’s Office of Legal Services, or upon the secretary’s request, by the Attorney General in the Circuit Court of the county in which the applicant resides, or in the Circuit Court having jurisdiction of the defendant.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 399, sec. 5, effective July 13, 1990. — Amended
1984 Ky. Acts ch. 216, sec. 8, effective July 13, 1984. — Amended 1976 Ky. Acts ch.
289, sec. 5. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9); and ch. 285, sec.
13. — Created 1966 Ky. Acts ch. 23, sec. 37.
Legislative Research Commission Note (10/6/97). 1996 Ky. Acts ch. 360 confirmed a reorganization by which the Department of Law in the Natural Resources and Environmental Protection Cabinet was changed to that cabinet’s Office of Legal Services. For this reason, under KRS § 7.136(2), references to “Department of Law” in subsections (1) and (2) of this statute have been changed to read “Office of Legal Services.”