{"data":{"id":"us-ky/krs-286.4-990","jurisdiction":"us-ky","citation":"KRS 286.4-990","heading":"Civil penalties -- Actions by commissioner against violators -- Recovery","body":"of penalties and fees.\n(1) (a) For any repetitive violation of this subtitle or an administrative regulation\npromulgated under this subtitle, or any willful violation of  an order of the\ncommissioner entered under this subtitle, the commissioner may levy a civil\npenalty against any licensee.\n(b) The civil penalty shall not be less than two hundred fifty dollars ($250) or\nmore than two thousand five hundred dollars ($2,500)  per violation, plus the\nstate's costs and expenses for the examination and prosecution of the matter,\nincluding reasonable attorney's fees and court costs.\n(2) (a) For an occurrence of consumer harm by any licensee resulting from any\nviolation of this sub title, administrative regulation promulgated under this\nsubtitle, or order of the commissioner entered under this subtitle, the\ncommissioner may:\n1. Order any remedy authorized in subsection (4) of this section; and\n2. Levy a civil penalty against the lice nsee if the total amount of consumer\nharm exceeds one thousand dollars ($1,000).\n(b) The civil penalty shall be:\n1. The lesser of:\na. One thousand dollars ($1,000) per consumer harmed; or\nb. Ten percent (10%) of the total cumulative amount of ordered\nrescission, restitution, refund, disgorgement, or the recovery of\nexpenses; and\n2. The state's costs and expenses for the examination and prosecution of\nthe matter, including reasonable attorney's fees and court costs.\n(3) (a) The commissioner shall levy a civi l penalty against any unlicensed person\nwho violates any provision of this subtitle, administrative regulation\npromulgated under this subtitle, or order of the commissioner entered under\nthis subtitle.\n(b) The civil penalty shall not be less than two thousand five hundred dollars\n($2,500) or more than seven thousand five hundred dollars ($7,500) per\nviolation, plus the state's costs and expenses for the examination,\ninvestigation, and prosecution of the matt er, including reasonable attorney's\nfees and court costs.\n(4) The commissioner may order rescission, restitution, refund, disgorgement, recovery\nof expenses, and direct such other affirmative action as the commissioner deems\nnecessary against any licensee or person who violates any order issued by the\ncommissioner or any provision of, or administrative regulation promulgated under,\nthis subtitle. The commissioner shall have jurisdiction to institute an action in\nFranklin Circuit Court or any court of competent jurisdiction for the enforcement of\nthese orders.\n(5) The commissioner may notify the Kentucky Department of Revenue, which may\ninstitute an action in the name of the Commonwealth of Kentucky in Franklin\nCircuit Court, or any court of competent jurisdi ction, for the recovery of any civil\npenalty, fine, cost, or fee assessed or levied under this subtitle.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48954","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:11Z","sha256":"3526ce973de47e471fae90aec9c7961b9cb73d2c656d86d026861ce6b1e6fd76","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.4-640","next":"us-ky/krs-286.4-991"},"notice":"GroundRules: Original legal text. Not legal advice."}