2013 Kentucky Revised Statutes CHAPTER 217B - FERTILIZER AND PESTICIDE USE AND APPLICATION 217B.193 Notice of noncompliance -- Civil penalty assessment and development of schedule.
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217B.193 Notice of noncompliance -- Civil penalty assessment and
development of schedule.
(1)
(2)
If any of the requirements of this chapter or administrative regulations
promulgated under this chapter have not been complied with, the
Commissioner shall cause a notice of violation to be issued. The Commissioner
may issue an order for immediate compliance and assess the civil penalty
provided for in this section and in KRS 217B.990, or the Commissioner may set
forth in his notice a reasonable time period, but not more than ninety (90) days,
for the abatement of the violation. If any licensee or registration holder has not
abated the violation within the period of time prescribed in the notice of
violation, the Commissioner shall issue an order for immediate compliance and
assess the civil penalty provided for in this section and in KRS 217B.990. The
notice of noncompliance shall be mailed to the licensee or registration holder
by certified mail, return receipt requested, addressed to the permanent address
as shown on department records. The notice of noncompliance shall specify in
what respect the licensee or registration holder has failed to comply with this
chapter or administrative regulations promulgated under this chapter. If the
licensee or registration holder has not complied with the requirements set forth
in the notice of noncompliance within the time limit allowed, the license or
registration may be revoked as provided in this chapter.
The Commissioner shall develop a method for calculating the civil penalty for a
violation, or failure to abate a violation, within the prescribed time period as
authorized by this section, and he shall promulgate a schedule of the civil
penalties in an administrative regulation.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 172, sec. 20, effective July 14, 2000. -Created 1992 Ky. Acts ch. 250, sec. 2, effective July 14, 1992.
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