2012 Kentucky Revised Statutes CHAPTER 338 OCCUPATIONAL SAFETY AND HEALTH OF EMPLOYEES 338.201 Lien on property of employer who violates provisions of chapter -- Recording of lien.
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338.201 Lien on property of employer who violates provisions of chapter -Recording of lien.
(1)
(2)
A lien may be placed on all property, both real and personal, of an employer who
has violated any requirement of this chapter, if the citation issued by the
commissioner has been upheld by a final order of the review commission, but not
before all administrative and judicial appeals have been exhausted. The lien shall be
in favor of the Labor Cabinet and shall be an amount totaling the penalties due,
together with interest at a rate of twelve percent (12%) per annum from the date the
order of the review commission is final, but not before all administrative and
judicial appeals have been exhausted. The lien shall be attached to all property and
rights to property owned or subsequently acquired by the employer. The
commissioner or the commissioner's designee shall record the lien as provided in
subsection (2) of this section. The lien shall show the date on which the citation was
issued, the date of the violation, the name and last known address of the employer
against whom the assessment was made, and the amount of penalties and interest.
The lien shall be superior to the lien of any mortgage or encumbrance thereafter
created and shall continue for ten (10) years from the time of the recording, unless
sooner released or otherwise discharged.
The lien shall be filed in any of the following offices in which the employer owns
property or rights to property and any filing fees associated with filing the lien shall
be pursuant to KRS 64.012:
(a) The office of the county clerk of the county in which the defendant employer
resides.
(b) The office of the county clerk of the county in which the defendant employer
has its principal place of business.
(c) The office of the county clerk of any county in which the defendant employer
has property or an interest in property.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1767, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 255, sec. 25, effective January 1, 2007. -- Created 1994
Ky. Acts ch. 128, sec. 1, effective July 15, 1994.
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