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198B.732 Prohibited activities -- Penalties -- Burden of proof.
(1)
(2)
(3)
(4)
(5)
An individual is guilty of a Class B misdemeanor if the individual:
(a) Performs or offers to perform home inspections for compensation in Kentucky
without being licensed as a home inspector and without being exempt from
licensing;
(b) Presents as the individual's own the license of another;
(c) Intentionally gives false or materially misleading information to the board or
to a board member in connection with a licensing matter;
(d) Impersonates another licensee; or
(e) Uses an expired, suspended, revoked, or otherwise restricted license.
An individual is guilty of a Class A misdemeanor if the individual is convicted of a
second or subsequent offense under this section within five (5) years of a prior
conviction of an offense under this section.
When entering a judgment for an offense under this section, the court shall impose a
service fee of an amount equal to any fee or other compensation earned by the
individual in the commission of the offense.
Each transaction involving unauthorized activities as described in this section shall
constitute a separate offense.
In all actions for the collection of a fee or other compensation for performing home
inspections, the party seeking relief shall allege and prove that, at the time that the
cause of action arose, the party seeking relief was not in violation of KRS
198B.712.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 12, effective June 8, 2011. -- Amended
2010 Ky. Acts ch. 24, sec. 301, effective July 15, 2010. -- Amended 2008 Ky. Acts
ch. 100, sec. 7, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 17,
effective July 13, 2004.
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