(1) The secretary, or any person authorized to act in his or her behalf, shall initiate
enforcement of civil penalties imposed in KRS Chapters 336, 337, and 339.
(2) Any civil penalty imposed pursuant to KRS Chapter 336, 337, or 339 may be
compromised by the secretary or the secretary's designated representative. In
determining the amount of the penalty or the amount agreed upon in compromise,
the secretary, or the secretary's designated representative, shall consider the
appropriateness of the penalty to the size of the business of the person charged, the
gravity of the violation, the number of times the person charged has been cited, and
the good faith of the person charged in attempting to achieve compliance, after
notification of the violation.
(3) If a civil penalty is imposed pursuant to this section, a citation shall be issued which
describes the violation which has occurred and states the penalty for the violation.
If, within fifteen (15) working days from the receipt of the citation, the affected
party fails to pay the penalty imposed, the secretary, or any person authorized to act
in his or her behalf, shall initiate a civil action to collect the penalty. The civil action
shall be taken in the court which has jurisdiction over the location in which the
violation occurred.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1725, effective July 15, 2010. -- Created
1990 Ky. Acts ch. 42, sec. 1, effective July 13, 1990.
Notes of Decisions
Williams v. King Bee Delivery, LLC, 199 F. Supp. 3d 1175 (E.D. Ky. 2016).
· cites it 3× “See KRS 336.985. Section 337.990(9) imposes a fine on any employer who discharges or otherwise discriminates against an employee for complaining that the employer has violated sections of the KWHA.”
TECO Mech. Contractor, Inc. v. Commonwealth, 366 S.W.3d 386 (Ky. 2012).
· cites it 4× “KRS 336.985(3). The civil penalties assessed by the Cabinet can range from one hundred to one thousand dollars for each violation.”
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
“in the court which has jurisdiction over the location in which the violation occurred.”). We do not decide today whether those statutes preclude attempts to enforce the penalty provisions of the statutory scheme through administrative adjudication, or whether the phrase "any…”
Gamas v. Div. 4 Constr. LLC (E.D. Ky. 2020).
“] Division 4 argues that this portion of Count II should be dismissed as “a plaintiff has no standing to assert civil penalties against a company pursuant to [KRS] § 337.”
— Ky. Rev. Stat. § 336.985(1) — 1 case
Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354 (Ky. 2005).
“in the court which has jurisdiction over the location in which the violation occurred.”). We do not decide today whether those statutes preclude attempts to enforce the penalty provisions of the statutory scheme through administrative adjudication, or whether the phrase "any…”
— Ky. Rev. Stat. § 336.985(3) — 1 case
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