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250.446 Notice of violation -- Hearing -- Administrative sanctions -- Prosecution in
court -- Injunctive relief.
(1)
(2)
(3)
(4)
If it shall appear from the examination of any fertilizer that any of the provisions of
KRS 250.361 to 250.451 or regulations issued thereunder have been violated, the
director shall notify the registrant, licensee, distributor, or processor from whom the
sample was taken of the alleged violations and designate a time and place for an
informal hearing under administrative regulations promulgated by the director. If it
appears after the informal hearing, either in the presence or absence of the person so
notified, that any of the provisions of KRS 250.361 to 250.451 or administrative
regulations promulgated thereunder have been violated, the director may issue a
letter of reprimand, levy a fine pursuant to KRS 250.990, or impose any other
administrative penalties or sanctions authorized under KRS 250.361 to 250.451.
Any penalty or sanction imposed as a result of an informal hearing may be
appealed, and upon appeal an administrative hearing shall be conducted in
accordance with KRS Chapter 13B.
Nothing in KRS 250.361 to 250.451 shall be construed as requiring the director to
report for prosecution or for the institution of seizure proceedings minor violations
of KRS 250.361 to 250.451, when he believes that the public interests will be best
served by a letter of reprimand.
If, after completing the hearing process contained in subsection (1) of this section,
the director has probable cause to believe that a criminal offense has been
committed, he shall report the matter to the Attorney General or the county attorney
of the county in which the alleged offense occurred. It shall be the duty of the
Attorney General or appropriate county attorney to whom any offenses are reported
to cause appropriate proceedings to be instituted and prosecuted in a court of
competent jurisdiction without delay.
The director may petition a court of competent jurisdiction for a temporary or
permanent injunction restraining any person from violating or continuing to violate
any of the provisions of KRS 250.361 to 250.451 or any administrative regulation
promulgated under KRS 250.361 to 250.451, notwithstanding the existence of other
remedies at law. The injunction shall be issued without bond.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 167, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 331, sec. 10, effective July 15, 1994. -- Created 1984
Ky. Acts ch. 191, sec. 18, effective July 13, 1984.
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