Kentucky Statutes 363.908 – Civil penalty for violation of KRS 363.900 to 363.906 and administrative regulations — Actions to recover civil penalties and for injunctive relief
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(1) Any person who violates any provisions of KRS § 363.900 to KRS § 363.906 or any administrative regulation promulgated pursuant to KRS § 363.900 to KRS § 363.906 may be required to pay a civil penalty of not more than five thousand dollars ($5,000).
(2) It shall be the duty of the department or, upon the request of the Commissioner, the Attorney General to bring an action for the recovery of the penalties provided for in this section and to bring an action for an injunction against any person violating or threatening to violate any provision of KRS § 363.900 to KRS § 363.908 or violating or threatening to violate any administrative regulation or order of the department promulgated pursuant to KRS § 363.900 to KRS § 363.908. In that action, any previous fine or finding of the department shall be prima facie evidence of the facts found therein.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 94, sec. 1, effective July 15, 1996. — Created
1994 Ky. Acts ch. 88, sec. 5, effective July 15, 1994.
(2) It shall be the duty of the department or, upon the request of the Commissioner, the Attorney General to bring an action for the recovery of the penalties provided for in this section and to bring an action for an injunction against any person violating or threatening to violate any provision of KRS § 363.900 to KRS § 363.908 or violating or threatening to violate any administrative regulation or order of the department promulgated pursuant to KRS § 363.900 to KRS § 363.908. In that action, any previous fine or finding of the department shall be prima facie evidence of the facts found therein.
Terms Used In Kentucky Statutes 363.908
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 94, sec. 1, effective July 15, 1996. — Created
1994 Ky. Acts ch. 88, sec. 5, effective July 15, 1994.