KRS 367.3627: Enforcement authority of Attorney General -- Written notice of violation

-- Civil action -- Damages -- Recovery of expenses.

(1) The Attorney General shall have exclusive authority to enforce violations of KRS

367.3611 to 367.3629. The Attorney General may enforce KRS 367.3611 to

367.3629 by bringing an action in the name of the Commonwealth of Kentucky or

on behalf of persons residing in this Commonwealth. The Attorney General shall

have all powers and duties granted to the Attorney Ge neral under KRS Chapter 15

to investigate and prosecute any violation of KRS 367.3611 to 367.3629. The

Attorney General may demand any information, documentary material, or physical

evidence from any controller or processor believed to be engaged in, or ab out to

engage in, any violation of KRS 367.3611 to 367.3629.

(2) Prior to initiating any action for violation of KRS 367.3611 to 367.3629, the

Attorney General shall provide a controller or processor thirty (30) days' written

notice identifying the specifi c provisions of KRS 367.3611 to 367.3629, the

Attorney General alleges have been or are being violated. If within the thirty (30)

days the controller or processor cures the noticed violation and provides the

Attorney General an express written statement th at the alleged violations have been

cured and that no further violations shall occur, no action for damages under

subsection (3) of this section shall be initiated against the controller or processor.

(3) If a controller or processor continues to violate K RS 367.3611 to 367.3629

following the cure period in subsection (2) of this section or breaches an express

written statement provided to the Attorney General under subsection (2) of this

section, the Attorney General may initiate an action and seek damages for up to

seven thousand five hundred dollars ($7,500) for each continued violation under

KRS 367.3611 to 367.3629.

(4) Nothing in KRS 367.3611 to 367.3629 or any other law, regulation, or the

equivalent shall be construed as providing the basis for, or g ive rise to, a private

right of action for violations of KRS 367.3611 to 367.3629.

(5) The Attorney General may recover reasonable expenses incurred in investigating

and preparing the case, court costs, attorney's fees, and any other relief ordered by

the court of any action initiated under KRS 367.3611 to 367.3629.