Current through 2024 Ky. Acts ch. 225
Section 336.250 - Violations - Penalties(1) A person shall not knowingly:(a) After July 15, 2024, offer or provide professional employer services or use the names professional employer organization, PEO, staff leasing, employee leasing, administrative employer, or other title representing professional employer services without first becoming registered under KRS 336.230 to 336.250; or(b) Provide false or fraudulent information to the Department of Workers' Claims in conjunction with any registration, renewal, or in any report required under KRS 336.230 to 336.250.(2) Action may be taken by the Department of Workers' Claims against:(a) Any person for violation of subsection (1) of this section;(b) A professional employer organization or the controlling person of a professional employer organization upon the conviction of a professional employer organization or the controlling person of a professional employer organization of a crime that relates to the operation of the professional employer organization or the ability of the registrant or the controlling person of the registrant to operate the professional employer organization;(c) A professional employer organization or the controlling person of a professional employer organization for knowingly making a material misrepresentation to the Department of Workers' Claims or any other state agency; or(d) A professional employer organization or the controlling person of a professional employer organization for a willful violation of KRS 336.230 to 336.250 or any order or administrative regulation issued by the Department of Workers' Claims under KRS 336.230 to 336.250.(3) Upon finding that a professional employer organization or the controlling person of a professional employer organization has violated any provision of KRS 336.230 to 336.250, the Department of Workers' Claims may: (a) Deny an application for a registration;(b) Revoke, restrict, or refuse a registration;(c) Impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation;(d) Place a registration on probation and subject to conditions specified by the Department of Workers' Claims; or(e) Issue a cease and desist order.Amended by 2023 Ky. Acts ch. 1,§ 3, eff. 1/6/2023.Added by 2022 Ky. Acts ch. 50,§ 11, eff. 7/13/2022.