Kentucky Statutes 250.601 – Violations of KRS 250.491 to 250.631 — Hearings — Prosecution by county attorney — Injunction — Judicial review — Protection of trade secrets
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(1) If the director has probable cause to believe that any of the provisions of KRS
250.491 to 250.631 have been violated, he shall notify the person involved of the alleged violations and designate a time and place for an informal hearing under administrative regulations promulgated by the director. If, after the informal hearing or without the hearing if the person fails to appear, the director determines that a violation has occurred, he may issue a letter of reprimand, levy a fine for chronic violators, or impose any other penalty or sanction authorized under KRS § 250.491 to
250.631, or under KRS § 250.990. Any penalty or sanction imposed may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(2) Nothing in KRS § 250.491 to KRS § 250.631 shall be construed as requiring the director or his representative to impose a more extreme penalty or sanction as a result of minor violations of KRS § 250.491 to KRS § 250.631 when he believes the public interest will best be served by the issuance of a letter of reprimand.
(3) If, after completing the hearing procedure contained in subsection (1) of this section, the director has probable cause to believe that a criminal offense has occurred, he shall report it to the county attorney of the county in which the alleged offense occurred. It shall be the duty of each county attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(4) The director may petition a court of competent jurisdiction to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of KRS § 250.491 to KRS § 250.631 or any administrative regulation promulgated under KRS § 250.491 to KRS § 250.631, notwithstanding the existence of other remedies at law. An injunction shall be issued without bond.
(5) Any person adversely affected by a final order made in accordance with subsection (1) of this section may bring action in Fayette Circuit Court for judicial review of the final order in accordance with KRS Chapter 13B.
(6) It shall be unlawful for any person to use to his own advantage, or reveal to other than the director, or officers of the Kentucky Agricultural Experiment Station, or to the courts when relevant in any judicial proceedings, any information acquired under the authority of KRS § 250.491 to KRS § 250.631, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection. This prohibition shall not be deemed as prohibiting the director, or his duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 502, sec. 1, effective July 14, 2000. — Amended
1996 Ky. Acts ch. 68, sec. 12, effective July 15, 1996; and ch. 318, sec. 170, effective July 15, 1996. — Created 1972 Ky. Acts ch. 24, sec. 13.
Legislative Research Commission Note (7/15/96). This section was amended by 1996
Ky. Acts chs. 68 and 318 which are in conflict. Under KRS § 446.250, Acts ch. 318, which was last enacted by the General Assembly, prevails.
250.491 to 250.631 have been violated, he shall notify the person involved of the alleged violations and designate a time and place for an informal hearing under administrative regulations promulgated by the director. If, after the informal hearing or without the hearing if the person fails to appear, the director determines that a violation has occurred, he may issue a letter of reprimand, levy a fine for chronic violators, or impose any other penalty or sanction authorized under KRS § 250.491 to
Terms Used In Kentucky Statutes 250.601
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Experiment station: means the Agricultural Experiment Station. See Kentucky Statutes 250.010
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
250.631, or under KRS § 250.990. Any penalty or sanction imposed may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(2) Nothing in KRS § 250.491 to KRS § 250.631 shall be construed as requiring the director or his representative to impose a more extreme penalty or sanction as a result of minor violations of KRS § 250.491 to KRS § 250.631 when he believes the public interest will best be served by the issuance of a letter of reprimand.
(3) If, after completing the hearing procedure contained in subsection (1) of this section, the director has probable cause to believe that a criminal offense has occurred, he shall report it to the county attorney of the county in which the alleged offense occurred. It shall be the duty of each county attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(4) The director may petition a court of competent jurisdiction to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of KRS § 250.491 to KRS § 250.631 or any administrative regulation promulgated under KRS § 250.491 to KRS § 250.631, notwithstanding the existence of other remedies at law. An injunction shall be issued without bond.
(5) Any person adversely affected by a final order made in accordance with subsection (1) of this section may bring action in Fayette Circuit Court for judicial review of the final order in accordance with KRS Chapter 13B.
(6) It shall be unlawful for any person to use to his own advantage, or reveal to other than the director, or officers of the Kentucky Agricultural Experiment Station, or to the courts when relevant in any judicial proceedings, any information acquired under the authority of KRS § 250.491 to KRS § 250.631, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection. This prohibition shall not be deemed as prohibiting the director, or his duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 502, sec. 1, effective July 14, 2000. — Amended
1996 Ky. Acts ch. 68, sec. 12, effective July 15, 1996; and ch. 318, sec. 170, effective July 15, 1996. — Created 1972 Ky. Acts ch. 24, sec. 13.
Legislative Research Commission Note (7/15/96). This section was amended by 1996
Ky. Acts chs. 68 and 318 which are in conflict. Under KRS § 446.250, Acts ch. 318, which was last enacted by the General Assembly, prevails.