2016 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES .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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