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.)

7-Year Expiration: 3/26/2026

Last Updated: 12/15/2021


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