Kentucky Statutes 198B.625 – Injunction — Cease and desist order
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(1) Whenever, in the judgment of the commissioner, any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute a violation of the provisions of KRS § 198B.560 and KRS § 198B.565, the commissioner may inform the Attorney General, who may make application to the Circuit Court of the county where the violation occurred for an order enjoining such acts or practices.
(2) If a person is practicing without the requisite license or certificate required under KRS § 198B.560 and KRS § 198B.565, the commissioner shall inform the Attorney General of the unlawful practice within seven (7) days of receiving notice of its occurrence. The Attorney General may apply to the Circuit Court of the county where the violation occurred for an order enjoining the acts or practices.
(3) Additionally, the commissioner may issue a cease and desist order, the violation of which shall be cause for the imposition of an administrative fine, suspension, or revocation as provided for in KRS § 198B.620. Upon showing via the commissioner that such person has engaged, or is about to engage, in any such acts or practices, an injunction or restraining order, or such other order as may be appropriate, shall be granted by the Circuit Court. Any order of the Circuit Court of the county where the violation occurred shall be enforceable and shall be valid anywhere in this Commonwealth and the order of that court shall be reviewable as provided for in the Rules of Civil Procedure, in the case of other injunctions and restraining orders.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 285, effective July 15, 2010. — Amended
2008 Ky. Acts ch. 82, sec. 5, effective July 15, 2008. — Created 1984 Ky. Acts ch.
383, sec. 16, effective July 13, 1984.
(2) If a person is practicing without the requisite license or certificate required under KRS § 198B.560 and KRS § 198B.565, the commissioner shall inform the Attorney General of the unlawful practice within seven (7) days of receiving notice of its occurrence. The Attorney General may apply to the Circuit Court of the county where the violation occurred for an order enjoining the acts or practices.
Terms Used In Kentucky Statutes 198B.625
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the department. See Kentucky Statutes 198B.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(3) Additionally, the commissioner may issue a cease and desist order, the violation of which shall be cause for the imposition of an administrative fine, suspension, or revocation as provided for in KRS § 198B.620. Upon showing via the commissioner that such person has engaged, or is about to engage, in any such acts or practices, an injunction or restraining order, or such other order as may be appropriate, shall be granted by the Circuit Court. Any order of the Circuit Court of the county where the violation occurred shall be enforceable and shall be valid anywhere in this Commonwealth and the order of that court shall be reviewable as provided for in the Rules of Civil Procedure, in the case of other injunctions and restraining orders.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 285, effective July 15, 2010. — Amended
2008 Ky. Acts ch. 82, sec. 5, effective July 15, 2008. — Created 1984 Ky. Acts ch.
383, sec. 16, effective July 13, 1984.