Kentucky Statutes 250.111 – Actions for violations of KRS 250.021 to 250.111 — Informal hearing — Injunctions
Current as of: 2024 | Check for updates
|
Other versions
(1) If the director has probable cause to believe that any of the provisions of KRS
250.021 to 250.111 have been violated, he shall give notice to the person who is in apparent violation designating a time and place for an informal hearing. 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 pursuant to KRS § 250.990, or impose any other penalties or sanctions authorized under KRS § 250.021 to KRS § 250.111. Any penalty or sanction imposed as a result of an informal hearing may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
(2) The director may petition a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of KRS § 250.021 to KRS § 250.111 or any administrative regulation promulgated thereunder, notwithstanding the existence of other remedies of law. The injunction shall be issued without bond.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 165, effective July 15, 1996. — Created
1994 Ky. Acts ch. 370, sec. 10, effective April 8, 1994.
Legislative Research Commission Note (4/8/94). Although the section of 1994 Ky.
Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS Chapter 250 was intended, and this has been done in codification pursuant to KRS § 7.136(1)(h).
250.021 to 250.111 have been violated, he shall give notice to the person who is in apparent violation designating a time and place for an informal hearing. 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 pursuant to KRS § 250.990, or impose any other penalties or sanctions authorized under KRS § 250.021 to KRS § 250.111. Any penalty or sanction imposed as a result of an informal hearing may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
Terms Used In Kentucky Statutes 250.111
- 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.
- 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.
- Statute: A law passed by a legislature.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(2) The director may petition a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of KRS § 250.021 to KRS § 250.111 or any administrative regulation promulgated thereunder, notwithstanding the existence of other remedies of law. The injunction shall be issued without bond.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 165, effective July 15, 1996. — Created
1994 Ky. Acts ch. 370, sec. 10, effective April 8, 1994.
Legislative Research Commission Note (4/8/94). Although the section of 1994 Ky.
Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS Chapter 250 was intended, and this has been done in codification pursuant to KRS § 7.136(1)(h).