Page 1 of 1 198B.732 Prohibited activities -- Penalties -- Burden of proof -- Legal Division in Office of Legal Services to advise board. (1) An individual is guilty of a Class B misdemeanor if the individual: (a) Performs or offers to perform home inspections for compensation without being licensed as a home inspector and without being exempt from licensing; (b) Presents as the individual's own the license of another; <br>(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 <br>(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 after a prior <br>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 <br>individual in the commission of the offense. (4) Each transaction involving unauthorized activities 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 <br>cause of action arose, the party seeking relief was not in violation of KRS <br>198B.712. (6) The Housing, Buildings and Construction Legal Division within the Office of Legal Services in the Public Protection Cabinet shall act as the legal adviser for the board <br>and provide any legal assistance necessary to carry out this section. Effective: July 15, 2010 <br>History: 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 <br>ch. 109, sec. 17, effective July 13, 2004.
Page 1 of 1 198B.732 Prohibited activities -- Penalties -- Burden of proof -- Legal Division in Office of Legal Services to advise board. (1) An individual is guilty of a Class B misdemeanor if the individual: (a) Performs or offers to perform home inspections for compensation without being licensed as a home inspector and without being exempt from licensing; (b) Presents as the individual's own the license of another; <br>(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 <br>(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 after a prior <br>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 <br>individual in the commission of the offense. (4) Each transaction involving unauthorized activities 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 <br>cause of action arose, the party seeking relief was not in violation of KRS <br>198B.712. (6) The Housing, Buildings and Construction Legal Division within the Office of Legal Services in the Public Protection Cabinet shall act as the legal adviser for the board <br>and provide any legal assistance necessary to carry out this section. Effective: July 15, 2010 <br>History: 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 <br>ch. 109, sec. 17, effective July 13, 2004.
Page 1 of 1 198B.732 Prohibited activities -- Penalties -- Burden of proof -- Legal Division in Office of Legal Services to advise board. (1) An individual is guilty of a Class B misdemeanor if the individual: (a) Performs or offers to perform home inspections for compensation without being licensed as a home inspector and without being exempt from licensing; (b) Presents as the individual's own the license of another; <br>(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 <br>(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 after a prior <br>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 <br>individual in the commission of the offense. (4) Each transaction involving unauthorized activities 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 <br>cause of action arose, the party seeking relief was not in violation of KRS <br>198B.712. (6) The Housing, Buildings and Construction Legal Division within the Office of Legal Services in the Public Protection Cabinet shall act as the legal adviser for the board <br>and provide any legal assistance necessary to carry out this section. Effective: July 15, 2010 <br>History: 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 <br>ch. 109, sec. 17, effective July 13, 2004.
