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250.601 Violations of KRS 250.491 to 250.631 -- Hearings -- Prosecution by county
attorney -- Injunction -- Judicial review -- Protection of trade secrets.
(1)
(2)
(3)
(4)
(5)
(6)
If the director has probable cause to believe that any of the provisions of KRS
250.491 to 250.631 have been violated, he shall notify the person involved of the
alleged violations and designate a time and place for an informal hearing under
administrative regulations promulgated by the director. If, after the informal hearing
or without the hearing if the person fails to appear, the director determines that a
violation has occurred, he may issue a letter of reprimand, levy a fine for chronic
violators, or impose any other penalty or sanction authorized under KRS 250.491 to
250.631, or under KRS 250.990. Any penalty or sanction imposed may be appealed,
and upon appeal an administrative hearing shall be conducted in accordance with
KRS Chapter 13B.
Nothing in KRS 250.491 to 250.631 shall be construed as requiring the director or
his representative to impose a more extreme penalty or sanction as a result of minor
violations of KRS 250.491 to 250.631 when he believes the public interest will best
be served by the issuance of a letter of reprimand.
If, after completing the hearing procedure contained in subsection (1) of this
section, the director has probable cause to believe that a criminal offense has
occurred, he shall report it to the county attorney of the county in which the alleged
offense occurred. It shall be the duty of each county attorney to whom any violation
is 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 to grant a temporary or
permanent injunction restraining any person from violating or continuing to violate
any of the provisions of KRS 250.491 to 250.631 or any administrative regulation
promulgated under KRS 250.491 to 250.631, notwithstanding the existence of other
remedies at law. An injunction shall be issued without bond.
Any person adversely affected by a final order made in accordance with subsection
(1) of this section may bring action in Fayette Circuit Court for judicial review of
the final order in accordance with KRS Chapter 13B.
It shall be unlawful for any person to use to his own advantage, or reveal to other
than the director, or officers of the Kentucky Agricultural Experiment Station, or to
the courts when relevant in any judicial proceedings, any information acquired
under the authority of KRS 250.491 to 250.631, concerning any method, records,
formulations, or processes which as a trade secret is entitled to protection. This
prohibition shall not be deemed as prohibiting the director, or his duly authorized
agent, from exchanging information of a regulatory nature with duly appointed
officials of the United States government, or of other states, who are similarly
prohibited by law from revealing this information.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 502, sec. 1, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 68, sec. 12, effective July 15, 1996; and ch. 318, sec. 170,
effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 13.
Legislative Research Commission Note (7/15/96). This section was amended by 1996
Ky. Acts chs. 68 and 318 which are in conflict. Under KRS 446.250, Acts ch. 318,
which was last enacted by the General Assembly, prevails.
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