2012 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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