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KRS 336.985

Enforcement of civil penalties imposed in KRS Chapters 336, 337, and 339

Applied in 3 court decisions — leading case Parts Depot, Inc. v. Beiswenger (2005)

Most recently applied in Williams v. King Bee Delivery, LLC (August 2016)

Effective: July 15, 2010 History: Amended 2010 Ky

How often courts cite this section

20052010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The secretary, or any person authorized to act in his or her behalf, shall initiate enforcement of civil penalties imposed in KRS Chapters 336, 337, and 339.

(2) Any civil penalty imposed pursuant to KRS Chapter 336, 337, or 339 may be compromised by the secretary or the secretary's designated representative. In determining the amount of the penalty or the amount agreed upon in compromise, the secretary, or the secretary's designated representative, shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, the number of times the person charged has been cited, and the good faith of the person charged in attempting to achieve compliance, after notification of the violation.

(3) If a civil penalty is imposed pursuant to this section, a citation shall be issued which describes the violation which has occurred and states the penalty for the violation. If, within fifteen (15) working days from the receipt of the citation, the affected party fails to pay the penalty imposed, the secretary, or any person authorized to act in his or her behalf, shall initiate a civil action to collect the penalty. The civil action shall be taken in the court which has jurisdiction over the location in which the violation occurred.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.