2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.306 Procedures, remedies, and penalties for operation of boarding home without registration.
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216B.306 Procedures, remedies, and penalties for operation of boarding
home without registration.
(1)
(2)
(3)
(4)
When the cabinet has reasonable cause to believe that any person,
association, business entity, or organization is operating a boarding home
without a registration, the cabinet may:
(a) Issue and deliver a notice to cease and desist from the violations;
(b) Issue and deliver a notice to cease and desist to any person who aids
and abets the operation of a boarding home that is not registered; and
(c) Impose a civil penalty of at least one thousand dollars ($1,000) but not
more than five thousand dollars ($5,000) upon the person, association,
business entity, or organization that operates a boarding home that is not
registered by the cabinet.
Issuance of a notice under subsection (1) of this section shall not constitute
agency action for which a hearing under KRS Chapter 13B may be sought.
For the purpose of enforcing a cease and desist order and penalties under
subsection (1) of this section, the cabinet may file a proceeding in the name of
the Commonwealth seeking issuance of an injunction and enforcement of
penalties against any person who violates subsection (1) of this section.
In addition to the remedies under subsection (1) of this section, the cabinet
may impose a civil penalty of at least one thousand dollars ($1,000) but not
more than five thousand dollars ($5,000) upon the person, association,
business, entity, or organization who aids and abets the operation of a
boarding home that is not registered. If the cabinet is required to seek
enforcement of the cease and desist order, it shall be entitled to collect
attorney's fees, costs, and any expenses incurred by the cabinet or local
government as a consequence of and incident to the relocation of boarders to
appropriate housing.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 170, sec. 1, effective July 13, 2004.
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