KRS 286.4-990: Civil penalties -- Actions by commissioner against violators -- Recovery

of penalties and fees.

(1) (a) For any repetitive violation of this subtitle or an administrative regulation

promulgated under this subtitle, or any willful violation of an order of the

commissioner entered under this subtitle, the commissioner may levy a civil

penalty against any licensee.

(b) The civil penalty shall not be less than two hundred fifty dollars ($250) or

more than two thousand five hundred dollars ($2,500) per violation, plus the

state's costs and expenses for the examination and prosecution of the matter,

including reasonable attorney's fees and court costs.

(2) (a) For an occurrence of consumer harm by any licensee resulting from any

violation of this sub title, administrative regulation promulgated under this

subtitle, or order of the commissioner entered under this subtitle, the

commissioner may:

1. Order any remedy authorized in subsection (4) of this section; and

2. Levy a civil penalty against the lice nsee if the total amount of consumer

harm exceeds one thousand dollars ($1,000).

(b) The civil penalty shall be:

1. The lesser of:

a. One thousand dollars ($1,000) per consumer harmed; or

b. Ten percent (10%) of the total cumulative amount of ordered

rescission, restitution, refund, disgorgement, or the recovery of

expenses; and

2. The state's costs and expenses for the examination and prosecution of

the matter, including reasonable attorney's fees and court costs.

(3) (a) The commissioner shall levy a civi l penalty against any unlicensed person

who violates any provision of this subtitle, administrative regulation

promulgated under this subtitle, or order of the commissioner entered under

this subtitle.

(b) The civil penalty shall not be less than two thousand five hundred dollars

($2,500) or more than seven thousand five hundred dollars ($7,500) per

violation, plus the state's costs and expenses for the examination,

investigation, and prosecution of the matt er, including reasonable attorney's

fees and court costs.

(4) The commissioner may order rescission, restitution, refund, disgorgement, recovery

of expenses, and direct such other affirmative action as the commissioner deems

necessary against any licensee or person who violates any order issued by the

commissioner or any provision of, or administrative regulation promulgated under,

this subtitle. The commissioner shall have jurisdiction to institute an action in

Franklin Circuit Court or any court of competent jurisdiction for the enforcement of

these orders.

(5) The commissioner may notify the Kentucky Department of Revenue, which may

institute an action in the name of the Commonwealth of Kentucky in Franklin

Circuit Court, or any court of competent jurisdi ction, for the recovery of any civil

penalty, fine, cost, or fee assessed or levied under this subtitle.