Kentucky Statutes 198B.732 – Prohibited activities — Penalties — Burden of proof
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(1) An individual is guilty of a Class B misdemeanor if the individual:
(a) Performs or offers to perform home inspections for compensation in Kentucky without being licensed as a home inspector and without being exempt from licensing;
For details, see § 532.090
(b) Presents as the individual’s own the license of another;
(c) Intentionally gives false or materially misleading information to the board or to a board member in connection with a licensing matter;
(d) Impersonates another licensee; or
(e) Uses an expired, suspended, revoked, or otherwise restricted license.
(2) An individual is guilty of a Class A misdemeanor if the individual is convicted of a second or subsequent offense under this section within five (5) years of a prior conviction of an offense under this section.
(3) When entering a judgment for an offense under this section, the court shall impose a service fee of an amount equal to any fee or other compensation earned by the individual in the commission of the offense.
(4) Each transaction involving unauthorized activities as described in this section shall constitute a separate offense.
(5) In all actions for the collection of a fee or other compensation for performing home inspections, the party seeking relief shall allege and prove that, at the time that the cause of action arose, the party seeking relief was not in violation of KRS
198B.712.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 12, effective June 8, 2011. — Amended
2010 Ky. Acts ch. 24, sec. 301, effective July 15, 2010. — Amended 2008 Ky. Acts ch. 100, sec. 7, effective July 15, 2008. — Created 2004 Ky. Acts ch. 109, sec. 17, effective July 13, 2004.
(a) Performs or offers to perform home inspections for compensation in Kentucky without being licensed as a home inspector and without being exempt from licensing;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 198B.732
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
(b) Presents as the individual’s own the license of another;
(c) Intentionally gives false or materially misleading information to the board or to a board member in connection with a licensing matter;
(d) Impersonates another licensee; or
(e) Uses an expired, suspended, revoked, or otherwise restricted license.
(2) An individual is guilty of a Class A misdemeanor if the individual is convicted of a second or subsequent offense under this section within five (5) years of a prior conviction of an offense under this section.
(3) When entering a judgment for an offense under this section, the court shall impose a service fee of an amount equal to any fee or other compensation earned by the individual in the commission of the offense.
(4) Each transaction involving unauthorized activities as described in this section shall constitute a separate offense.
(5) In all actions for the collection of a fee or other compensation for performing home inspections, the party seeking relief shall allege and prove that, at the time that the cause of action arose, the party seeking relief was not in violation of KRS
198B.712.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 12, effective June 8, 2011. — Amended
2010 Ky. Acts ch. 24, sec. 301, effective July 15, 2010. — Amended 2008 Ky. Acts ch. 100, sec. 7, effective July 15, 2008. — Created 2004 Ky. Acts ch. 109, sec. 17, effective July 13, 2004.