KRS 286.12-140: Civil penalties and other remedies.
Where this section sits in the code
(1) (a) In addition to any other remedies, penalties, or damages available under
common law or statute, the commissioner may impose a civil penalty based on
the following:
1. Repeat violations of this subtitle, any administrative regulation
promulgated under this subtitle, or any order issued by the commissioner
under this subtitle; or
2. A pattern or practice of a licensee that results in a violation of this
subtitle, any administrative regulation promulgated under this subtitle, or
any order issued by the commissioner under this subtitle.
(b) A civil penalty imposed under this subsection shall be not less than one
thousand dollars ($1,000) and not more than twenty -five thousand dollars
($25,000) per violation per day for each day that the violation is outstanding.
(2) In addition to any civil penalty imposed under subsection (1) of this section, the
commissioner may:
(a) Assess costs and expenses for the examination, investigation, and prosecution
of the matter, including reasonable attorney fees and costs; and
(b) When a violation applicable to borrowers with a disability, military borrowers,
older borrowers, or borrowers working in public service results in financial
harm, impose a civil penalty not to exceed twenty thousand dollars ($20,000)
per violation per day for each day the violation is outstanding.
(3) The commissioner may order restitution, refund, recovery of expenses, or direct
other affirmative action as the commissioner deems necessary against any person
who violates any order issued by the commissione r or any provision of, or
administrative regulation promulgated under, this subtitle.
Collected 2026-09-05T20:57:16Z. Source file · JSON