198B.732 Prohibited activities -- Penalties -- Burden of proof. (1) An individual is guilty of a Class B misdemeanor if the individual: (a) Performs or offers to perform home inspections for compensation in Kentucky without being licensed as a home inspector and without being exempt from licensing; (b) Presents as the indi vidual's own the license of another; (c) Intentionally gives false or materially misleading information to the board or to a board member in connection with a licensing matter; (d) Impersonates another licensee; or (e) Uses an expired, suspended, revoked, or otherwise restricted license. (2) An individual is guilty of a Class A misdemeanor if the individual is convicted of a second or subsequent offense under this section within five (5) years of a prior conviction of an offense under this section. (3) When entering a judgment for an offense under this section, the court shall impose a service fee of an amount equal to any fee or other compensation earned by the individual in the commission of the offense. (4) Each transaction involving unauthorized activiti es as described in this section shall constitute a separate offense. other compensation earned by the individual in the commission of the offense. (4) Each transaction involving unauthorized activiti es as described in this section shall constitute a separate offense. (5) In all actions for the collection of a fee or other compensation for performing home inspections, the party seeking relief shall allege and prove that, at the time that the cause of a ction arose, the party seeking relief was not in violation of KRS 198B.712. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 100, sec. 12, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 301, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 100, sec. 7, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 17, effective July 13, 2004.
Kentucky Legal Code