2006 Kentucky Revised Statutes - .732   Violations under KRS 534.040 -- Penalties -- Burden of proof -- General counsel of office to advise board.

198B.732 Violations under KRS 534.040 -- Penalties -- Burden of proof -- General counsel of office to advise board. (1) An individual is guilty of a Class B misdemeanor under KRS 534.040 if the individual: (a)  Performs or offers to perform home inspections for compensation without being licensed as a home inspector and without being exempt from licensing; (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) When entering a judgment for a violation, the court shall add to any penalty imposed the amount of any fee or other compensation earned by the individual in the commission of the violation. (3) Each transaction involving unauthorized activities as described in this section shall constitute a separate violation. (4) 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. (5) The general counsel for the Office of Housing, Buildings and Construction shall act as the legal adviser for the board and provide any legal assistance necessary to carry out this section. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 109, sec. 17, effective July 13, 2004. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section. Page 1 of 1