Download as PDF
250.446 Notice of violation -- Hearing -- Administrative sanctions -Prosecution in court -- Injunctive relief.
(1)
(2)
(3)
(4)
If it shall appear from the examination of any fertilizer that any of the provisions
of KRS 250.361 to 250.451 or regulations issued thereunder have been
violated, the director shall notify the registrant, licensee, distributor, or
processor from whom the sample was taken of the alleged violations and
designate a time and place for an informal hearing under administrative
regulations promulgated by the director. If it appears after the informal hearing,
either in the presence or absence of the person so notified, that any of the
provisions of KRS 250.361 to 250.451 or administrative regulations
promulgated thereunder have been violated, the director may issue a letter of
reprimand, levy a fine pursuant to KRS 250.990, or impose any other
administrative penalties or sanctions authorized under KRS 250.361 to
250.451. 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.
Nothing in KRS 250.361 to 250.451 shall be construed as requiring the director
to report for prosecution or for the institution of seizure proceedings minor
violations of KRS 250.361 to 250.451, when he believes that the public
interests will be best served by a letter of reprimand.
If, after completing the hearing process contained in subsection (1) of this
section, the director has probable cause to believe that a criminal offense has
been committed, he shall report the matter to the Attorney General or the
county attorney of the county in which the alleged offense occurred. It shall be
the duty of the Attorney General or appropriate county attorney to whom any
offenses are reported to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay.
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 of the provisions of KRS 250.361 to 250.451 or any administrative
regulation promulgated under KRS 250.361 to 250.451, notwithstanding the
existence of other remedies at law. The injunction shall be issued without bond.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 167, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 331, sec. 10, effective July 15, 1994. -- Created
1984 Ky. Acts ch. 191, sec. 18, effective July 13, 1984.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.