2014 Kentucky Revised Statutes CHAPTER 341 - UNEMPLOYMENT COMPENSATION 341.800 Demand for payment -- Levy upon and sale of property of subject employer.
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341.800 Demand for payment -- Levy upon and sale of property of subject
employer.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
In addition to any other remedy provided by the laws of the Commonwealth, if
any subject employer assessed or determined liable for the payment of
contributions, including penalties and interest, refuses to pay contributions
when due and has not sought administrative or judicial review of the
assessment or determination as provided for in this chapter, or if such subject
employer has exhausted or abandoned administrative or judicial review
provided in this chapter so that the assessment or determination is final, due,
and owing, then the secretary or his delegate may cause a demand to be made
on the subject employer for the payment thereof. If the contributions, including
interest and penalties, remain unpaid for ten (10) days after demand, then the
secretary or his delegate may collect the contributions, including interest and
penalties, and the costs of such collection by levy upon all nonexempt real and
personal property, disposable earnings, and right to property belonging to the
subject employer or on which there is a lien provided in this chapter for the
payment of such contributions.
As soon as practicable after seizure of property, notice in writing shall be given
by the secretary or his delegate to the owner of the property. The notice shall
be given to the owner either in person or by certified mail to his last known
address. Such notice shall specify the sum demanded and shall contain, in the
case of personal property, an account of the property seized and, in the case of
real property, a description with reasonable certainty of the property seized.
The secretary or his delegate shall, as soon as practicable after the seizure of
the property, cause a notification of the sale of the seized property to be
published in the newspaper with the largest circulation within the county
wherein such seizure is made. Such notice shall be published once each week
for three (3) successive weeks. In addition, such notice shall be posted at the
courthouse and three (3) other public places in the county where the seizure is
made for fifteen (15) days next preceding sale. The notice shall specify the
property to be sold and the time, place, manner, and condition of the sale
thereof.
If any property liable to levy is not divisible, so as to enable the secretary or his
delegate by sale of a part thereof to raise the whole amount of the
contributions, penalty, interest, and cost of the levy, the whole of such property
shall be sold.
The time of sale shall not be less than thirty (30) nor more than ninety (90)
days from the time the seizure is made. The place of sale shall be within the
county in which the property is seized, except by special order of the secretary.
The sale shall not be conducted in any manner other than by public auction, or
by public sale under sealed bids. In the case of the seizure of several items of
property, the secretary or his delegate may offer such items for sale separately,
in groups, or in the aggregate and accept whichever method produces the
highest aggregate amount.
The secretary or his delegate shall determine whether payment in full shall be
required at the time of acceptance of a bid, or whether a part of such payment
may be deferred for such period, not to exceed one (1) month, as he may
determine to be appropriate. If payment in full is required at the time of
acceptance of a bid and is not then and there paid, the secretary or his
delegate shall forthwith proceed to again sell the property as provided in
subsection (6) of this section. If the conditions of the sale permit part of the
payment to be deferred, and if such part is not paid within the prescribed
period, suit may be instituted in the Franklin Circuit Court or the Circuit Court of
the county where the sale was conducted against the purchaser for the
purchase price or such part thereof as has not been paid, together with interest
at the rate of twelve percent (12%) per annum from the date of the sale; or, in
the discretion of the secretary, the sale may be declared to be null and void for
failure to make full payment of the purchase price and the property may again
be advertised and sold as provided in this section. In the event of such
readvertisement and sale, any new purchaser shall receive such property or
rights to property, free and clear of any claim or right of the former defaulting
purchaser, of any nature whatsoever, and the amount paid upon the bid price
by such defaulting purchaser shall be forfeited.
(8) If the secretary or his delegate determines that any property seized is liable to
perish or become greatly reduced in price or value by keeping, or that such
property cannot be kept without great expense, he shall appraise the value of
such property and, if the owner of the property can be readily found, the
secretary or his delegate shall give him notice of such determination of the
appraised value of the property. The property shall be returned to the owner if,
within such time as may be specified in the notice, the owner pays to the
secretary or his delegate an amount equal to the appraised value or gives bond
in such form, with such sureties, and in such amount as the secretary or his
delegate determines to be appropriate in the circumstances. If the owner does
not pay such amount or furnish such bond in accordance with this subsection,
the secretary or his delegate shall as soon as practicable make public sale of
the property without regard to the advertisement requirements or the time
limitations contained in subsections (3) and (5) of this section.
(9) No proceedings under this section shall be commenced more than ten (10)
years after the assessment or determination becomes final.
(10) The term "levy" as used in KRS 341.800 to 341.830 includes the power of
distraint and seizure. A levy shall extend only to property possessed and
obligations existing at the time thereof. In any case in which the secretary or
his delegate may levy upon property or rights thereto, he may seize and sell
such property and rights to property, whether real, personal, tangible, or
intangible.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 62, sec. 4, effective June 26, 2007. -- Created
1986 Ky. Acts ch. 26, sec. 10, effective July 15, 1986.
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