Title 804 | Chapter 004 | Regulation 330
804 KAR 4:330.Procedures for violations of KRS 244.165.
Section 1.
(1)
If the department finds probable cause that a first offense violation of KRS 244.165 has occurred, it shall:(a)
Issue an administrative citation to the alleged violator; and(b)
Conduct a hearing on the charge in accordance with KRS Chapter 13B.(2)
If the board determines that a violation occurred, it shall issue a cease and desist order to the violator.Section 2.
In a proceeding brought pursuant to KRS 244.165, the department shall bear the burden of proving that the alleged violation was accompanied by the following mental state:(1)
Willful;(2)
Intentional; or(3)
Reckless.Section 3.
A person found to have willfully, intentionally, or recklessly committed a second or subsequent violation of KRS 244.165, shall be referred to the Commonwealth's Attorney for criminal prosecution in the county of venue.HISTORY: (23 Ky.R. 2367; 2989; eff. 2-14-1997; 33 Ky.R. 1152; eff. 1-5-2007; TAm eff. 4-28-2015; Crt eff. 3-26-2019.)
804 KAR 4:330.Procedures for violations of KRS 244.165.
Section 1.
(1)
If the department finds probable cause that a first offense violation of KRS 244.165 has occurred, it shall:(a)
Issue an administrative citation to the alleged violator; and(b)
Conduct a hearing on the charge in accordance with KRS Chapter 13B.(2)
If the board determines that a violation occurred, it shall issue a cease and desist order to the violator.Section 2.
In a proceeding brought pursuant to KRS 244.165, the department shall bear the burden of proving that the alleged violation was accompanied by the following mental state:(1)
Willful;(2)
Intentional; or(3)
Reckless.Section 3.
A person found to have willfully, intentionally, or recklessly committed a second or subsequent violation of KRS 244.165, shall be referred to the Commonwealth's Attorney for criminal prosecution in the county of venue.HISTORY: (23 Ky.R. 2367; 2989; eff. 2-14-1997; 33 Ky.R. 1152; eff. 1-5-2007; TAm eff. 4-28-2015; Crt eff. 3-26-2019.)