KRS § 222.504 — KY Code / Title XVIII / Chapter 222 / Section 222.504
222.504 Powers and duties of cabinet -- Legal actions -- Fines -- Compliance
Status: in_force

222.504 Powers and duties of cabinet -- Legal actions -- Fines -- Compliance.

(1) The cabinet shall:

(a) Require certified recovery residences to provide proof of certification at least

annually;

(b) Require certified recovery residences to notify the cabinet of any change in

their certification status, including but not limited to a suspension or

revocation of certification by a certifying organization;

(c) Require separate proof of certification for each recovery residence owned or

operated by an individual or entity in the Commonwealth;

(d) Post on its website the name, telephone number, and location by local

jurisdiction of each certified recovery residence and shall update the list at

least quarterly;

(e) Post on its website the name of each certifying organization approved by the

cabinet; and

(f) Notify local governments with appropriate jurisdiction of receipt of proof of

certification from a recovery residence within thirty (30) days of receipt of

proof of certification.

(2) The cabinet shall not disclose the address of a recovery residence except to local

governments, local law enforcement, and emergency personnel.

(3) The cabinet may:

(a) In lieu of posting the information required by subsection (1)(d) of this section

to its website, post a link to another website that aggregates information on

certified recovery residences or other information providers; and

(b) Promulgate administrative regulations in accordance with KRS Chapter 13A

to carry out the provisions of this section and KRS 222.500, 222.502,

222.506, 222.508, and 222.510.

(4) If a recovery residence violates any provision of this section, KRS 222.502, or any

administrative regulation promulgated thereunder, the cabinet and local

governments are hereby granted the authority and legal standing necessary to

impose civil fines as permitted under subsection (5) of this section and to initiate

appropriate legal action to compel a recovery residence that is operating in violation

of KRS 222.502 to cease operating.

(5) (a) Any certified recovery residence or other person operating a recovery

residence who knowingly fails to submit any report, data, or other information

as may be required by the cabinet through the promulgation of an

administrative regulation or by a local government through the enactment of a

local ordinance or who submits fraudulent reports, data, or information may

be subject to civil fines established by the cabinet through the promulgation of

an administrative regulation or by a local government through the enactment

of a local ordinance.

(b) Any person or entity who knowingly establishes, maintains, or operates an

uncertified recovery residence in violation of KRS 222.502 may be subject to

civil fines established by the cabinet through the promulgation of an

administrative regulation or by a local government through the enactment of a

local ordinance.

(6) Notwithstanding any law to the contrary, a recovery residence that furnishes proof

of current certification from a certifying organization to a local government shall be

presumed by the local government to be in compliance with this section and KRS

222.500, 222.502, 222.506, 222.508, and 222.510.