{"data":{"id":"us-ky/krs-286.9-110","jurisdiction":"us-ky","citation":"KRS 286.9-110","heading":"Revocation or suspension of license -- Effect of denial, revocation,","body":"suspension, expiration, or surrender of license -- Circuit Court remedy.\n(1) The commissioner may suspend, revoke, place on probation, condition, restrict,\nrefuse to issue or renew  a license, accept the surrender of a license in lieu of\nrevocation or suspension, order that refunds to customers be made, or issue a cease -\nand-desist order, if the commissioner finds that the person, licensee, or a person in\ncontrol of a licensee:\n(a) Has committed any fraud, engaged in any dishonest activities, or made any\nmisrepresentation;\n(b) Does not meet, has failed to comply with, or has violated any provisions of\nthis subtitle or any administrative regulation issued pursuant thereto, or any\norder of the commissioner issued pursuant thereto, or has violated any other\nlaw in the course of its or his or her dealings as a licensee;\n(c) Has made a false statement in the application for the license or failed to give a\ntruthful reply to a question in the application;\n(d) Has demonstrated his or her incompetence or untrustworthiness to act as a\nlicensee;\n(e) Is unfit, through lack of financial responsibility or experience, to conduct the\nbusiness of a check -cashing or deferred deposit service business, as t he case\nmay be;\n(f) Does not conduct his or her business in accordance with the law or conducts\nbusiness by a method that includes, or would include, activities that are illegal\nwhere performed, or has willfully violated any provision of this subtitle; or\nany administrative regulation promulgated or order of the commissioner\nissued hereunder;\n(g) Is insolvent;\n(h) Is the subject of an administrative cease -and-desist order or similar order, or a\npermanent or temporary injunction of any court of competent jur isdiction\nentered under any other federal or state act applicable to the person, applicant,\nor licensee;\n(i) Has made or caused to be made to the commissioner any false representation\nof material fact or has suppressed or withheld from the commissioner any\ninformation that the applicant or licensee possesses and which, if submitted by\nhim or her, would have rendered the applicant or licensee ineligible to be\nlicensed under this subtitle;\n(j) Has refused to permit an examination or investigation by the commi ssioner of\nhis or her books and affairs or has refused or failed, within a reasonable time,\nto furnish any information or records, or make any report that may be required\nor requested by the commissioner;\n(k) Has been convicted of a felony;\n(l) Has been co nvicted of any misdemeanor of which an essential element is\nfraud, breach of trust, or dishonesty;\n(m) Has had any license, registration, or claim of exemption related to the\nfinancial services industry denied, revoked, suspended, conditioned, restricted,\nor probated under the laws of this state, any other state, or the United States,\nor has surrendered, withdrawn, or terminated any license, registration, or\nclaim of exemption issued or registration granted by this state or any other\njurisdiction under threat of administrative action;\n(n) Has employed or contracted with a person who has failed to license or has had\na license, registration, or claim of exemption denied, revoked, suspended,\nconditioned, restricted, or probated in this Commonwealth or another state;\n(o) Has failed to pay any required fee under this subtitle;\n(p) Has abandoned an application or renewal application by failing to provide the\ncommissioner any information required under this subtitle, or requested by the\ncommissioner, to complete an application;\n(q) Has failed to co mply with an administrative or court order imposing child\nsupport obligations;\n(r) Has failed to pay state income taxes or to comply with any administrative or\ncourt order directing the payment of state income tax;\n(s) Has failed to properly verify a custo mer's eligibility for a deferred deposit\ntransaction;\n(t) Has applied for an adjudication of bankruptcy, reorganization, arrangement, or\nother relief under the United States Bankruptcy Code, 11 U.S.C. secs. 101 to\n110;\n(u) Has suspended payment of its obli gations or has made an assignment for the\nbenefit of its creditors;\n(v) Has violated any of the recordkeeping and reporting requirements of the\nUnited States government including 31 U.S.C. secs. 5311 to 5332 and 31\nC.F.R. pt. 103; or\n(w) No longer meets the requirements under this subtitle to hold a license.\n(2) If the reason for revocation, suspension, restriction, condition, or probation of a\nlicensee's license at any one location is of general application to all locations\noperated by a licensee, the comm issioner may revoke, suspend, restrict, condition,\nor probate all licenses issued to a licensee.\n(3) Any person who has had a license denied by the commissioner shall not be eligible\nto apply for a license under this subtitle until after expiration of one (1) year from\nthe date of denial.\n(4) Any person who has had a license revoked by the commissioner shall not be eligible\nto apply for a license under this subtitle until after expiration of three (3) years from\nthe date of revocation. A person whose licens e has been revoked twice shall be\ndeemed permanently revoked and shall not again be eligible for a license under this\nsubtitle.\n(5) Any person whose license has been denied, suspended, revoked, or surrendered in\nlieu of revocation or suspension under this section is prohibited from participating\nin any business activity of a licensee under this subtitle and from engaging in any\nbusiness activity on the premises where a licensee under this subtitle is conducting\nits business.\n(6) The surrender or expiration of a license shall not affect the person's civil or criminal\nliability for acts committed prior to the license surrender or expiration. Revocation,\nsuspension, refusal to renew, surrender, or expiration of a license shall not impair or\naffect the obligation of any preexisting contract between a licensee and a customer.\nThe surrender or expiration of a license shall not affect a proceeding to suspend or\nrevoke a license.\n(7) The commissioner may notify the Department of Revenue, which may institute an\naction in the name of the Commonwealth of Kentucky, in the Franklin Circuit\nCourt, or any court of competent jurisdiction, for the recovery of any civil penalty,\nfine, cost, or fee assessed or levied under this subtitle.\n(8) The commissioner may file a complaint  in the Franklin Circuit Court, or any court\nof competent jurisdiction, for a temporary restraining order or injunction against any\nperson, where the commissioner has reason to believe from evidence satisfactory to\nthe commissioner that such person has violated, or is about to violate, a provision in\nthis subtitle, for the purpose of restraining and enjoining such person from\ncontinuing or engaging in the violation or doing any act in furtherance thereof. The\ncourt shall have jurisdiction over the proceedin g and shall have the power to enter\nan order or judgment awarding preliminary or final injunctive relief and any other\nrelief that the court deems proper. Any person who violates a temporary restraining\norder or injunction issued by the court entered as a result of a violation of this\nsubtitle shall be held in contempt of court and the court may assess a civil penalty in\nan amount equivalent to the amounts found in KRS 286.9-991.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14917","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:15Z","sha256":"4005d785ddf89293762ee39241eb4bfa9ca34b16512de95d50d72c405c4e072f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.9-107","next":"us-ky/krs-286.9-120"},"notice":"GroundRules: Original legal text. Not legal advice."}
