302 KAR 28:060. Fine schedule for violation of KRS 217B.120.

 

      RELATES TO: KRS 217B.120

      STATUTORY AUTHORITY: KRS 217B.050, 217B.193, 217B.585, 217B.990

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.193 requires the Commissioner of the Department of Agriculture to promulgate an administrative regulation establishing a schedule of civil penalties for violations set forth in KRS 217B.120. This administrative regulation establishes a system of regulatory fines pursuant to the violations set forth in KRS 217B.120.

 

      Section 1. Notice of Violation and Abatement of Violation Pursuant to KRS 217B.193. (1) The Department of Agriculture shall cause a notice of violation to be issued to persons, license holders, or registration holders found to be in violation of KRS 217B.120, 302 KAR 31:040, and 40 CFR 170 and Section 2 of this administrative regulation in the manner required by KRS 217B.193(1).

      (2) In addition to the information required to be set out in the notice of violation pursuant to KRS 217B.193, the department shall notify the person, license holder, permit holder, registration holder, or certificate holder that:

      (a) Except for good cause shown, an administrative fine in the amount specified in Section 2 of this administrative regulation shall be assessed if the violation is not corrected within the time specified in the notice of violation;

      (b) He has thirty (30) days to request a hearing on assessment of the fine pursuant to KRS 217B.203 and 217B.990(2); and

      (c) The request for hearing shall be mailed to the Kentucky Department of Agriculture, Director, Division of Pesticide Regulation, Frankfort, Kentucky 40601.

      (3) The period for abatement of a violation shall commence on the day the notice of violation is issued pursuant to KRS 217B.193(1).

      (4) The department may allow additional time for abatement of a violation, not to exceed the maximum time set forth in KRS 217B.193, if it is determined that the violation cannot be corrected within the time period specified as provided in the notice of violation.

      (5) The Kentucky Enforcement Response Policy as incorporated by reference shall act as the guide for implementation of enforcement actions, mitigation, and penalty adjustments in all actions of this section.

 

      Section 2. (1) Administrative fines for each first violation of KRS 217B.120, 302 KAR 31:040, and 40 CFR 170 shall be:

      (a) $200 for a violation of KRS 217B.120(1);

      (b) $100 for a violation of KRS 217B.120(2);

      (c) $200 for a violation of KRS 217B.120(3);

      (d) $100 for a violation of KRS 217B.120(4);

      (e) $100 for a violation of KRS 217B.120(5);

      (f) $100 for a violation of KRS 217B.120(6);

      (g) $100 for a violation of KRS 217B.120(7);

      (h) $200 for a violation of KRS 217B.120(8);

      (i) $100 for a violation of KRS 217B.120(9);

      (j) $50 for a violation of KRS 217B.120(10);

      (k) $200 for a violation of KRS 217B.120(11);

      (l) $100 for a violation of KRS 217B.120(12);

      (m) $200 for a violation of KRS 217B.120(13);

      (n) $200 for a violation of KRS 217B.120(14);

      (o) $200 for a violation of KRS 217B.120(15);

      (p) $100 for a violation of KRS 217B.120(16);

      (q) $200 for a violation of KRS 217B.120(17);

      (r) $100 for a violation of KRS 217B.120(18);

      (s) $200 for a violation of KRS 217B.120(19);

      (t) $200 for a violation of KRS 217B.120(20);

      (u) $200 for a violation of KRS 217B.120(21);

      (v) $200 for a violation of KRS 217B.120(22);

      (w) $200 for a violation of 302 KAR 31:040; and

      (x) $200 for a violation of 40 CFR 170.

      (2) For a second violation, which is the same as the first violation in subsection (1) of this section and occurring within sixty (60) days of assessment of the first violation, the fine shall be doubled.

      (3) For a third violation, which is the same as the first violation in subsection (1) of this section and occurring within ninety (90) days of assessment of the first violation, the fine shall be tripled.

      (4) A fourth violation, which is the same as the first violation in subsection (1) of this section and occurring within 120 days of assessment of the first violation, may result in the suspension or revocation, of a license, permit, registration, or certification pursuant to KRS 217B.120.

      (5) Penalties shall not be assessed or enhanced pursuant to this section if the licensee or certificate holder abates the violation within the period set by the department pursuant to KRS 217B.193.

      (6) Nothing in this section shall prohibit the commissioner from suspending or revoking a license, permit, registration, or certification at any time pursuant to KRS 217B.120.

 

      Section 3. Failure to pay any fine within thirty (30) days of the end of the time period prescribed in Section 1 of this administrative regulation, shall result in a suspension or revocation of a license, permit, registration, or certification pursuant to KRS 217B.120.

 

      Section 4. Each office or branch office shall be treated as a separate entity for the purposes of enforcing the fine and penalty-enhancing provisions contained in Section 2 of this administrative regulation. The fines or penalties shall not be enhanced unless the subsequent violations in Section 2 of this administrative regulation are committed in the same branch or office in which the first violation occurred.

 

      Section 5. Effective Date. The effective date of this administrative regulation shall be July 1, 2002

 

      Section 6. Incorporation by Reference. (1) The "Kentucky Enforcement Response Policy" (April 1999, Revised October 20, 2000) is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Pesticide Regulation, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (28 Ky.R. 743; Am. 1374; eff. 12-19-2001.)