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250.601 Violations of KRS 250.491 to 250.631 -- Hearings -- Prosecution by
county attorney -- Injunction -- Judicial review -- Protection of trade
secrets.
(1)
(2)
(3)
(4)
(5)
(6)
If the director has probable cause to believe that any of the provisions of KRS
250.491 to 250.631 have been violated, he shall notify the person involved of
the alleged violations and designate a time and place for an informal hearing
under administrative regulations promulgated by the director. If, after the
informal hearing or without the hearing if the person fails to appear, the director
determines that a violation has occurred, he may issue a letter of reprimand,
levy a fine for chronic violators, or impose any other penalty or sanction
authorized under KRS 250.491 to 250.631, or under KRS 250.990. Any penalty
or sanction imposed may be appealed, and upon appeal an administrative
hearing shall be conducted in accordance with KRS Chapter 13B.
Nothing in KRS 250.491 to 250.631 shall be construed as requiring the director
or his representative to impose a more extreme penalty or sanction as a result
of minor violations of KRS 250.491 to 250.631 when he believes the public
interest will best be served by the issuance of a letter of reprimand.
If, after completing the hearing procedure contained in subsection (1) of this
section, the director has probable cause to believe that a criminal offense has
occurred, he shall report it to the county attorney of the county in which the
alleged offense occurred. It shall be the duty of each county attorney to whom
any violation is reported to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay.
The director may petition a court of competent jurisdiction to grant a temporary
or permanent injunction restraining any person from violating or continuing to
violate any of the provisions of KRS 250.491 to 250.631 or any administrative
regulation promulgated under KRS 250.491 to 250.631, notwithstanding the
existence of other remedies at law. An injunction shall be issued without bond.
Any person adversely affected by a final order made in accordance with
subsection (1) of this section may bring action in Fayette Circuit Court for
judicial review of the final order in accordance with KRS Chapter 13B.
It shall be unlawful for any person to use to his own advantage, or reveal to
other than the director, or officers of the Kentucky Agricultural Experiment
Station, or to the courts when relevant in any judicial proceedings, any
information acquired under the authority of KRS 250.491 to 250.631,
concerning any method, records, formulations, or processes which as a trade
secret is entitled to protection. This prohibition shall not be deemed as
prohibiting the director, or his duly authorized agent, from exchanging
information of a regulatory nature with duly appointed officials of the United
States government, or of other states, who are similarly prohibited by law from
revealing this information.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 502, sec. 1, effective July 14, 2000. -Amended 1996 Ky. Acts ch. 68, sec. 12, effective July 15, 1996; and ch. 318,
sec. 170, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 13.
Legislative Research Commission Note (7/15/96). This section was amended by
1996 Ky. Acts chs. 68 and 318 which are in conflict. Under KRS 446.250, Acts
ch. 318, which was last enacted by the General Assembly, prevails.
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