Download as PDF
341.990 Penalties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Except as otherwise provided in subsection (11) of this section, any employee
of any state agency who violates any of the provisions of KRS 341.110 to
341.230 shall be guilty of a Class B misdemeanor.
Any person subpoenaed to appear and testify or produce evidence in an
inquiry, investigation, or hearing conducted under this chapter who fails to obey
the subpoena shall be guilty of a Class B misdemeanor.
Any subject employer, or officer or agent of a subject employer, who violates
subsection (1) of KRS 341.470 shall be guilty of a Class A misdemeanor.
Any person who violates subsection (2) of KRS 341.470 shall be guilty of a
Class A misdemeanor.
Any person who knowingly makes a false statement or representation of a
material fact or knowingly fails to disclose a material fact to the secretary to
obtain or increase any benefit under this chapter or under an employment
security law of any other state, or of the federal government, either for himself
or for any other person, business entity, or organization shall be guilty of a
Class A misdemeanor unless the value of the benefits procured or attempted to
be procured is one hundred dollars ($100) or more, in which case he shall be
guilty of a Class D felony.
(a) Any person who knowingly makes a false statement or representation, or
who knowingly fails to disclose a material fact to prevent or reduce the
payment of benefits to any worker entitled thereto, or to avoid becoming
or remaining subject to this chapter, or to avoid or reduce any payment
required of an employing unit under this chapter shall be guilty of a Class
A misdemeanor unless the liability avoided or attempted to be avoided is
one hundred dollars ($100) or more, in which case he shall be guilty of a
Class D felony.
(b) Any person who willfully fails or refuses to furnish any reports required, or
to produce or permit the inspection or copying of records required in this
chapter shall be guilty of a Class B misdemeanor. Each such false
statement, representation or failure and each day of failure or refusal shall
constitute a separate offense.
In any prosecution for the violation of subsection (5) or (6) of this section, it
shall be a defense if the person relied on the advice of an employee or agent of
the Office of Employment and Training, Department of Workforce Investment.
Any person who willfully violates any provision of this chapter or any rule or
regulation under it, the violation of which is made unlawful or the observance of
which is required under the terms of this chapter, and for which no specific
penalty is prescribed in this chapter or in any other applicable statute, shall be
guilty of a violation. Each day the violation continues shall constitute a separate
offense.
In addition to the higher rates imposed under KRS 341.540(7), any person,
whether or not an employing unit, who knowingly advises or assists an
employing unit in the violation or attempted violation of KRS 341.540 or any
other provision of this chapter related to determining the assignment of a
contribution rate shall be subject to a civil monetary penalty of not less than five
thousand dollars ($5,000).
(10) Proceeds from all penalties imposed under subsection (9) of this section and
KRS 341.540 shall be deposited in the unemployment compensation
administration account and shall be expended solely for the cost of
administration of this chapter consistent with KRS 341.240.
(11) Any person who violates the confidentiality provision in KRS 341.190(3) shall
be guilty of a Class A misdemeanor.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 111, sec. 2, effective July 15, 2008. -Amended 2006 Ky. Acts ch. 211, sec. 155, effective July 12, 2006. -- Amended
2005 Ky. Acts ch. 12, sec. 2, effective June 20, 2005. -- Amended 1994 Ky. Acts
ch. 136, sec. 6, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 463,
sec. 37, effective July 14, 1992. -- Amended 1979 (1st Extra. Sess.) Ky. Acts
ch. 2, secs. 7 and 12, effective February 10, 1979. -- Amended 1974 Ky. Acts
ch. 74, Art. VI, sec. 107(21). -- Amended 1952 Ky. Acts ch. 154, sec. 18. -Amended 1950 Ky. Acts ch. 206, sec. 1. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4748g-4, 4748g-12,
4748g-16.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.