197.530 Assessment of fine or penalty against private provider -- Notice -- Hearing -- Appeal.
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<![CDATA[ Page 1 of 1 197.530 Assessment of fine or penalty against private provider -- Notice -- Hearing -- Appeal. (1) As set forth within the contract between the Department of Corrections and the private provider: The department may recommend to the secretary of the Finance <br>and Administration Cabinet the assessment of an administrative fine against the <br>private provider of not more than five thousand dollars ($5,000) for the violation of <br>each and any term of the contract, or of KRS 197.510. Recommendation of fine or <br>penalty assessment by the department shall occur only after a notice of intent to do <br>so has been presented by registered mail to the private provider. The notice of intent <br>shall incorporate the findings of the department and other agencies, if appropriate. (2) The private provider may, within seventy-two (72) hours of the receipt of the notice of intent, request in writing a hearing before an objective hearing officer of the <br>Attorney General's Office. The secretary of the Finance and Administration Cabinet <br>shall by order issue, modify, or repeal the recommended fine or penalty. The <br>amount of any fine or penalty shall be consistent with the hearing officer's <br>recommendations resulting from the administrative hearing. The private provider <br>may, at its discretion, waive its right to an administrative hearing. (3) Appeals from any fine or penalty assessed pursuant to this section shall be granted as a matter of right, and shall be taken to the Franklin Circuit Court within thirty <br>(30) days from the date the fine or penalty is issued by the secretary of the Finance <br>and Administration Cabinet. Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 418, sec. 6, effective July 15, 1994. ]]>