Kentucky Statutes 341.265 – Remedies for failure to report
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(1) Any employing unit refusing to make reports required under this chapter within ten (10) days after written notice sent by the cabinet to such employing unit’s last known address by certified mail, notifying such employing unit that this section will be invoked unless such reports are filed, may be restrained or enjoined from continuing in business in this state or employing persons herein until such reports have been made.
(2) Any employing unit actively engaged in business in this state which is found delinquent in the payment of contributions by the cabinet, may, after ten (10) days’ written notice by the cabinet sent to such employing unit’s last known address by certified mail notifying such employing unit that this section will be invoked unless such delinquency is satisfied, be restrained or enjoined from continuing in business in this state or employing persons herein until such delinquency has been satisfied or until such employing unit shall have furnished bond with surety approved by the court in a sum equal to the amount of such delinquency, plus any other unpaid contributions due under this chapter and such further sum as the court shall deem adequate to protect the cabinet in the collection of contributions which may become due for the next ensuing six (6) months, said bond to be conditioned upon payment of such judgment and contributions upon such terms and at such time as the court may fix.
(3) Proceedings under the provisions of this section may be instituted upon complaint filed by the cabinet in the Franklin Circuit Court or any other court of competent jurisdiction in accordance with Kentucky Rules of Civil Procedure, except that no bond shall be required of the Commonwealth or the cabinet.
History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(23). — Amended 1972 Ky.
Acts ch. 21, sec. 17. — Created 1958 Ky. Acts ch. 4, sec. 16, effective February 27,
1958.
(2) Any employing unit actively engaged in business in this state which is found delinquent in the payment of contributions by the cabinet, may, after ten (10) days’ written notice by the cabinet sent to such employing unit’s last known address by certified mail notifying such employing unit that this section will be invoked unless such delinquency is satisfied, be restrained or enjoined from continuing in business in this state or employing persons herein until such delinquency has been satisfied or until such employing unit shall have furnished bond with surety approved by the court in a sum equal to the amount of such delinquency, plus any other unpaid contributions due under this chapter and such further sum as the court shall deem adequate to protect the cabinet in the collection of contributions which may become due for the next ensuing six (6) months, said bond to be conditioned upon payment of such judgment and contributions upon such terms and at such time as the court may fix.
Terms Used In Kentucky Statutes 341.265
- Cabinet: means the Education and Labor Cabinet. See Kentucky Statutes 341.005
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contributions: means the money payments, exclusive of interest and penalties, to the unemployment insurance fund required by this chapter and by any previous unemployment compensation law of this state. See Kentucky Statutes 341.020
- 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.
- State: includes , in addition to the states of the United States of America, the
District of Columbia, Puerto Rico, the Dominion of Canada, and Virgin Islands. See Kentucky Statutes 341.020
(3) Proceedings under the provisions of this section may be instituted upon complaint filed by the cabinet in the Franklin Circuit Court or any other court of competent jurisdiction in accordance with Kentucky Rules of Civil Procedure, except that no bond shall be required of the Commonwealth or the cabinet.
History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(23). — Amended 1972 Ky.
Acts ch. 21, sec. 17. — Created 1958 Ky. Acts ch. 4, sec. 16, effective February 27,
1958.