2006 Kentucky Revised Statutes - .120   Desist order for defined or prohibited practices.

304.12-120 Desist order for defined or prohibited practices. (1) If, after a hearing conducted in accordance with KRS Chapter 13B, the executive director finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this subtitle, the executive director shall order the person to desist from the act or practice. (2) A desist order shall become final upon expiration of the time allowed for appeals from the executive director's final order, if no appeal is taken, or, in the event of an appeal, upon final decision of the court if the court affirms the executive director's final order or dismisses the appeal. An intervenor in such hearing shall have the right to appeal as provided in subsection (3) of KRS 304.12-130. (3) In an appeal, to the extent that the executive director's final order is affirmed, the court shall issue its own order commanding obedience to the terms of the executive director's final order. (4) No final order of the executive director pursuant to this section or order of court to enforce it shall in any way relieve or absolve any person affected by the order from any other liability, penalty, or forfeiture under law. Effective: July 15, 1996 History:Amended 1996 Ky. Acts ch. 318, sec. 232, effective July 15, 1996. -- Created 1970 Ky. Acts ch. 301, subtit. 12, sec. 12, effective June 18, 1970. 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.

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