KRS 216B.306: Procedures, remedies, and penalties for operation of boarding home

without registration.

(1) When the cabinet has reasonable cause to believe that any person, association,

business entity, or organization is operating a boarding home without a regist ration,

the cabinet may:

(a) Issue and deliver a notice to cease and desist from the violations;

(b) Issue and deliver a notice to cease and desist to any person who aids and abets

the operation of a boarding home that is not registered; and

(c) Impose a c ivil penalty of at least one thousand dollars ($1,000) but not more

than five thousand dollars ($5,000) upon the person, association, business

entity, or organization that operates a boarding home that is not registered by

the cabinet.

(2) Issuance of a no tice under subsection (1) of this section shall not constitute agency

action for which a hearing under KRS Chapter 13B may be sought.

(3) For the purpose of enforcing a cease and desist order and penalties under subsection

(1) of this section, the cabinet may file a proceeding in the name of the

Commonwealth seeking issuance of an injunction and enforcement of penalties

against any person who violates subsection (1) of this section.

(4) In addition to the remedies under subsection (1) of this section, the c abinet may

impose a civil penalty of at least one thousand dollars ($1,000) but not more than

five thousand dollars ($5,000) upon the person, association, business, entity, or

organization who aids and abets the operation of a boarding home that is not

registered. If the cabinet is required to seek enforcement of the cease and desist

order, it shall be entitled to collect attorney's fees, costs, and any expenses incurred

by the cabinet or local government as a consequence of and incident to the

relocation of boarders to appropriate housing.