KRS 286.3-990: Penalties.

(1) (a) The commissioner may levy a civil penalty against any person that violates

KRS 286.3-025.

(b) The civil penalty levied under paragraph (a) of this subsection shall not be

less than one thousand dollars ($1,000) nor more than five thousand dollars

($5,000) for each violation, plus the state's costs and expenses for

examination, investigation, and prosecution of the matter, including

reasonable attorney's fees and court costs.

(2) Any receiver of an insolvent institution who fails to comply with the provision s of

this subtitle shall be subject to the same penalties provided for solvent institutions

and officers so offending.

(3) (a) Any directors of a bank who knowingly violate, or knowingly permit any

officer or employee of the bank to violate, any of the law s relating to banks,

shall be jointly and severally liable to the creditors and stockholders for any

loss or damage resulting from such violation.

(b) If the loss or damage is not made good within a reasonable time, the

commissioner, with the consent of th e Attorney General, shall institute

proceedings to revoke the corporate powers of the bank.

(4) Any deputy commissioner or any examiner who has knowledge of the insolvency or

unsafe condition of a state bank or trust company, or that it is inexpedient to p ermit

the bank or trust company to continue business, and who fails to immediately

present a signed report of such facts to the commissioner, or who violates any of the

provisions of this subtitle, shall:

(a) Forfeit his or her office; and

(b) Pay a civil penalty of not less than one hundred dollars ($100) nor more than

two thousand dollars ($2,000) for each violation.

(5) Any commissioner who has knowledge of the insolvency or unsafe condition of a

state bank or trust company, or that it is inexpedient to permit the bank or trust

company to continue business, and who willfully fails to take the action prescribed

by this subtitle, or who violates any of the provisions of this subtitle, shall:

(a) Forfeit his or her office; and

(b) Pay a civil penalty of not less than five hundred dollars ($500) nor more than

five thousand dollars ($5,000) for each violation.

(6) (a) The commissioner may levy a civil penalty against any bank or trust company

that knowingly fails to:

1. Make a report required by law or by the commissioner within the time

designated for making the report;

2. Include in a report any matter required by law or by the commissioner;

3. Publish a report within thirty (30) days after it should have been

published; or

4. Pay, when due, the fees for:

a. Filing reports;

b. An examination of the bank or trust company; or

c. The annual assessment required under KRS 286.3-480.

(b) The civil penalty levied under paragraph (a) of this subsection shall not be

more than one hundred dollars ($100) for each day of delinquency, and in no

event shall the aggregate penalty for any violation exceed one thousand

dollars ($1,000).

(7) (a) The commissioner may levy a civil penalty against:

1. Each bank or trust company that willfully:

a. Makes or transmits a false report; or

b. Refuses to submit its books, papers, and assets for examination; or

2. Any officer of a bank or trust company who r efuses to be examined

under oath concerning the affairs of the bank or trust company.

(b) The civil penalty levied under paragraph (a) of this subsection shall not be

less than five hundred dollars ($500) nor more than five thousand dollars

($5,000) for each violation.

(8) (a) The commissioner may levy a civil penalty against any person that violates

KRS 286.3-225.

(b) The civil penalty levied under paragraph (a) of this subsection shall not be

less than fifty dollars ($50) nor more than two thousand dollar s ($2,000) for

each violation.

(9) (a) The commissioner may levy a civil penalty against any bank or trust company

that violates, or any officer, director, employee, agent, or other person who

violates, any order issued under KRS 286.3-690 which has become final.

(b) The civil penalty levied under paragraph (a) of this subsection shall not be

more than one thousand dollars ($1,000) for each day the violation continues,

and in no event shall the aggregate penalty for any violation exceed ten

thousand dollars ($10,000).

(c) As used in this subsection, the term "violates" includes any action causing,

participating in, counseling, aiding, or abetting a violation.

(d) In determining the amount of the civil penalty, the commissioner shall

consider:

1. The financia l resources and good faith of the bank, trust company, or

person charged;

2. The gravity of the violation;

3. The history of previous violations; and

4. Such other factors as justice requires.

(10) The commissioner may levy a civil penalty against any bank that violates KRS

286.3-100(1)(i) or (j) of:

(a) For the first violation, not less than one thousand dollars ($1,000) nor more

than two thousand dollars ($2,000); and

(b) For the second or any subsequent violation, not less than two thousand dollars

($2,000) nor more than five thousand dollars ($5,000).

(11) The commissioner may levy a civil penalty against any officer or director who

violates:

(a) KRS 286.3-280(1) or (2). The civil penalty shall no t be less than one hundred

dollars ($100) nor more than five hundred dollars ($500) for each violation;

and

(b) KRS 286.3 -280(3). The civil penalty shall not be less than five hundred

dollars ($500) nor more than two thousand dollars ($2,000) for each violation.

(12) Except as provided in subsection (13) of this section:

(a) The commissioner shall provide written notice of any civil penalty assessed

under this subtitle; and

(b) Whenever any civil penalty imposed under this subtitle is not paid, the

commissioner may institute an action in Franklin Circuit Court or the Circuit

Court of the county in which the violation was committed to recover the civil

penalty.

(13) In the case of a violation of subsection (5) of this section, the secretary of the Public

Protection Cabinet may designate the Attorney General or any other person

authorized to represent the cabinet to provide written notice or institute an action

under subsection (12) of this section.