Kentucky Statutes 338.201 – Lien on property of employer who violates provisions of chapter — Recording of lien
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(1) A lien may be placed on all property, both real and personal, of an employer who has violated any requirement of this chapter, if the citation issued by the commissioner has been upheld by a final order of the review commission, but not before all administrative and judicial appeals have been exhausted. The lien shall be in favor of the Education and Labor Cabinet and shall be an amount totaling the penalties due, together with interest at a rate of twelve percent (12) per annum from the date the order of the review commission is final, but not before all administrative and judicial appeals have been exhausted. The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer. The commissioner or the commissioner’s designee shall record the lien as provided in subsection (2) of this section. The lien shall show the date on which the citation was issued, the date of the violation, the name and last known address of the employer against whom the assessment was made, and the amount of penalties and interest. The lien shall be superior to the lien of any mortgage or encumbrance thereafter created and shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged.
(2) The lien shall be filed in any of the following offices in which the employer owns property or rights to property and any filing fees associated with filing the lien shall be pursuant to KRS § 64.012:
(a) The office of the county clerk of the county in which the defendant employer resides.
(b) The office of the county clerk of the county in which the defendant employer has its principal place of business.
(c) The office of the county clerk of any county in which the defendant employer has property or an interest in property.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 126, effective July 1, 2022. — Amended 2010 Ky. Acts ch. 24, sec. 1767, effective July 15, 2010. — Amended
2006 Ky. Acts ch. 255, sec. 25, effective January 1, 2007. — Created 1994 Ky. Acts ch. 128, sec. 1, effective July 15, 1994.
(2) The lien shall be filed in any of the following offices in which the employer owns property or rights to property and any filing fees associated with filing the lien shall be pursuant to KRS § 64.012:
Terms Used In Kentucky Statutes 338.201
- Commissioner: means the commissioner of the Department of Workplace Standards under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 338.015
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Employer: shall mean any entity for whom a person is employed except those employers excluded in KRS §. See Kentucky Statutes 338.015
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Review commission: means the Kentucky Occupational Safety and Health
Review Commission established under this chapter. See Kentucky Statutes 338.015
(a) The office of the county clerk of the county in which the defendant employer resides.
(b) The office of the county clerk of the county in which the defendant employer has its principal place of business.
(c) The office of the county clerk of any county in which the defendant employer has property or an interest in property.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 126, effective July 1, 2022. — Amended 2010 Ky. Acts ch. 24, sec. 1767, effective July 15, 2010. — Amended
2006 Ky. Acts ch. 255, sec. 25, effective January 1, 2007. — Created 1994 Ky. Acts ch. 128, sec. 1, effective July 15, 1994.