Kentucky Statutes 367.290 – Failure to obey subpoena or investigative demand of Attorney General — Revocation of corporate charter — Revocation of licenses
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(1) If any person fails or refuses to file any statement or report, or to obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to a Circuit Court and, after hearing thereon, request an order:
(a) Granting injunctive relief to restrain the person from engaging in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation; and
(b) Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this Commonwealth or revoking or suspending the certificate of authority to do business in this Commonwealth of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice; and
(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand.
(2) Prior to issuance of any final order the person charged with failing to answer the investigative demand or subpoena pursuant to KRS § 367.240 or 367.250 shall be afforded an opportunity for a hearing on the merits of the demand or subpoena. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
History: Created 1972 Ky. Acts ch. 4, sec. 19.
(a) Granting injunctive relief to restrain the person from engaging in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation; and
Terms Used In Kentucky Statutes 367.290
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Subpoena: A command to a witness to appear and give testimony.
(b) Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this Commonwealth or revoking or suspending the certificate of authority to do business in this Commonwealth of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly unlawful practice; and
(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand.
(2) Prior to issuance of any final order the person charged with failing to answer the investigative demand or subpoena pursuant to KRS § 367.240 or 367.250 shall be afforded an opportunity for a hearing on the merits of the demand or subpoena. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
History: Created 1972 Ky. Acts ch. 4, sec. 19.