KRS 198B.732: Prohibited activities -- Penalties -- Burden of proof.

(1) 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.

(2) 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.

(3) 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.

(4) Each transaction involving unauthorized activiti es as described in this section shall

constitute a separate offense.

(5) 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 a ction arose, the party seeking relief was not in violation of KRS

198B.712.