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314.991 Penalties.
(1)
Any person who violates any provision of this chapter for which no other
penalty has been provided shall be fined not less than fifty dollars ($50) nor
more than five hundred dollars ($500). Each day he violates any provisions of
this chapter shall be considered a separate offense.
(2) Any person who willfully makes any false representation to the board in
applying for a license under this chapter shall be fined not more than five
hundred dollars ($500).
(3) For any violation of this chapter where the board has the power to deny,
revoke, probate, limit, or suspend a license, the board may, in lieu thereof or in
addition to other remedies, impose a civil penalty against the violator of not
more than ten thousand dollars ($10,000).
(4) Any person who knowingly violates KRS 314.031(1) or KRS 314.035(1) shall,
for the first occurrence, be imprisoned for not more than twelve (12) months or
fined not more than five hundred dollars ($500), or both.
(5) Any person who knowingly violates KRS 314.031(1) or KRS 314.035(1) on a
second or subsequent occasion shall be imprisoned for not more than five (5)
years or fined not more than ten thousand dollars ($10,000), or both.
(6) Any unlicensed person who knowingly poses as someone else who does hold
a license under this chapter shall be guilty of a violation of KRS 314.031(1),
and the penalties set out in subsections (4) and (5) of this section all apply to
such conduct.
(7) In addition to the penalties provided in subsections (4) and (5) of this section,
the board may impose civil penalties for violations of KRS 314.031(1) or KRS
314.035(1) in an amount equal to one hundred dollars ($100) for each day
during which a violation occurred or continued.
(8) All civil penalties received and collected by the board shall be deposited with
the State Treasurer of the Commonwealth of Kentucky, who shall place the
money to the credit of the revolving fund of the board.
(9) Any civil penalty received and collected by the board may be recovered in an
action brought thereon in the name of the Commonwealth of Kentucky in the
Circuit Court.
(10) Whenever the board has reason to believe that any person is in violation or is
about to violate any provision of this chapter, it may seek a restraining order,
temporary or permanent injunction, or other civil remedy against such person in
the Circuit Court.
(11) In order to obtain a temporary or permanent restraining order, or other
equitable remedy, it shall not be necessary to allege or prove that an adequate
remedy at law does not exist, nor shall it be necessary to allege or prove that
irreparable injury, loss, or damage will result if the injunctive relief is denied.
Further, it shall not be necessary to allege or prove that criminal action has
been first instituted.
Effective:June 21, 2001
History: Amended 2001 Ky. Acts ch. 144, sec. 5, effective June 21, 2001. -Amended 1992 Ky. Acts ch. 128, sec. 14, effective July 14, 1992. -- Amended
1986 Ky. Acts ch. 346, sec. 12, effective July 15, 1986. -- Amended 1982 Ky.
Acts ch. 408, sec. 14, effective July 15, 1982. -- Amended 1978 Ky. Acts
ch. 168, sec. 14, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 20,
sec. 20.
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