Kentucky Statutes 207.230 – Citizen suits
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Notwithstanding the provisions of KRS § 207.200 and KRS § 207.210, citizen suits may be commenced under the following terms and conditions:
(1) Any person deeming himself injured by any act in violation of the provisions of this chapter shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained by him, and upon judicial finding of any violation of KRS § 207.150 to KRS § 207.190, shall recover the costs of the law suit, including a reasonable fee for his attorney of record, all of which shall be in addition to any other remedies contained in KRS § 207.130 to
207.240.
(2) Notice. No action may be commenced:
(a) Prior to thirty (30) days after the plaintiff has given notice of the violation to the commissioner of workplace standards.
(b) If the commissioner of workplace standards has commenced and is diligently prosecuting a civil action to require compliance with KRS
207.130 to 207.240; however, the aforementioned conditions do not prohibit citizen-initiated civil enforcement action contemporaneously with criminal enforcement efforts by the state.
(c) In any civil action under this section, the commissioner of workplace standards, under the direction of the secretary of the Education and Labor Cabinet, if not a party, may intervene only with consent of the person bringing the action. If the administrator is allowed to intervene, he may not alter the cause of action, delay the proceedings, or make any decisions, settlement agreements, or agree to any consent orders or enforcement proceeding without the informed consent of the person initiating the citizens enforcement action.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 102, effective July 1, 2022. — Amended 2010 Ky. Acts ch. 24, sec. 307, effective July 15, 2010. — Amended
1984 Ky. Acts ch. 414, sec. 7, effective July 13, 1984. — Created 1976 Ky. Acts ch. 280, sec. 12.
(1) Any person deeming himself injured by any act in violation of the provisions of this chapter shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained by him, and upon judicial finding of any violation of KRS § 207.150 to KRS § 207.190, shall recover the costs of the law suit, including a reasonable fee for his attorney of record, all of which shall be in addition to any other remedies contained in KRS § 207.130 to
Terms Used In Kentucky Statutes 207.230
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
207.240.
(2) Notice. No action may be commenced:
(a) Prior to thirty (30) days after the plaintiff has given notice of the violation to the commissioner of workplace standards.
(b) If the commissioner of workplace standards has commenced and is diligently prosecuting a civil action to require compliance with KRS
207.130 to 207.240; however, the aforementioned conditions do not prohibit citizen-initiated civil enforcement action contemporaneously with criminal enforcement efforts by the state.
(c) In any civil action under this section, the commissioner of workplace standards, under the direction of the secretary of the Education and Labor Cabinet, if not a party, may intervene only with consent of the person bringing the action. If the administrator is allowed to intervene, he may not alter the cause of action, delay the proceedings, or make any decisions, settlement agreements, or agree to any consent orders or enforcement proceeding without the informed consent of the person initiating the citizens enforcement action.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 102, effective July 1, 2022. — Amended 2010 Ky. Acts ch. 24, sec. 307, effective July 15, 2010. — Amended
1984 Ky. Acts ch. 414, sec. 7, effective July 13, 1984. — Created 1976 Ky. Acts ch. 280, sec. 12.