2014 Kentucky Revised Statutes CHAPTER 219 - HOTEL, FOOD SERVICE, AND MOBILE HOME AND RECREATIONAL VEHICLE PARK REGULATIONS 219.380 Powers of cabinet and local health departments -- Duties of public prosecutors.
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219.380 Powers of cabinet and local health departments -- Duties of public
prosecutors.
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The cabinet may administer the provisions of KRS 219.310 to 219.410 through
the respective local health department concerned. Officials and employees of
the cabinet and of local health departments are empowered to enter upon the
premises of any community at any reasonable time for the purposes set forth in
KRS 219.310 to 219.410.
The cabinet or local health department concerned, after notice to the applicant
or holder of a permit to operate, construct, or alter a community, and after an
opportunity for a hearing, is authorized to deny, suspend, or revoke a permit in
any case where it finds that there has been a failure to comply with the
requirements established under KRS 219.310 to 219.410 or the administrative
regulations promulgated by the secretary. Hearings shall be in accordance with
KRS Chapter 13B.
It shall be the duty of each Commonwealth's attorney, county attorney, city
attorney, or Attorney General within their respective jurisdiction to whom the
cabinet or local health department or its agents report any violation of KRS
219.310 to 219.410, to enforce the provisions of KRS 219.310 to 219.410.
Nothing in KRS 219.310 to 219.410 shall be construed as requiring the cabinet
or local health department to report for the institution of proceedings under
KRS 219.310 to 219.410, violations of KRS 219.310 to 219.410, whenever the
cabinet or local health department concerned believes that the public interest
will be adequately served in the circumstances by a suitable written order.
Notwithstanding the existence or pursuit of any other civil or criminal remedy,
the cabinet or local health department concerned may maintain, in its own
name, an action to restrain or enjoin any violation of KRS 219.310 to 219.410,
irrespective of whether or not there exists an adequate remedy at law.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 242, sec. 8, effective July 15, 2002. -Amended 1996 Ky. Acts ch. 318, sec. 132, effective July 15, 1996. -- Amended
1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1972 Ky. Acts ch. 281,
sec. 8.
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