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217.998 Penalties for violation of KRS 217.542 to 217.630.
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(2)
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Any person who violates any of the provisions of KRS 217.542 to 217.630 or
who fails to perform any duties imposed by those sections, or who violates any
determination or order of the department promulgated pursuant thereto, shall
be liable to a civil penalty of not to exceed the sum of one thousand dollars
($1,000) for said violation, and an additional civil penalty of not to exceed one
thousand dollars ($1,000) for each day during which such violation continues,
and in addition, may be enjoined from continuing such violations as hereinafter
provided in this section. Such penalties shall be recoverable in an action
brought in the name of the Commonwealth of Kentucky by the Attorney
General.
It shall be the duty of the Attorney General, upon the request of the
department, to bring an action for the recovery of the penalties hereinabove
provided for, and to bring an action for an injunction against any person
violating or threatening to violate any provision of KRS 217.542 to 217.630, or
violating or threatening to violate any order or determination of the department
promulgated pursuant thereto. In any such action any finding of the department
shall be prima facie evidence of the fact or facts found therein.
Any person who shall willfully violate any of the provisions of KRS 217.542 to
217.630 or any determination or order of the department promulgated pursuant
to those sections which have become final shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000) or by
imprisonment for a term of not more than one (1) year, or by both fine and
imprisonment for each separate violation. Each day upon which such violation
occurs shall constitute a separate violation.
History: Created 1974 Ky. Acts ch. 200, sec. 15.
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