12-5325. Administration of act and fund; rules and regulations; civil penalties.
12-5325
12-5325. Administration of act and fund; rules and regulations; civil penalties. The secretary shall administer the provisions of the wireless enhanced 911 act and shall be responsible for administration and management of the fund. The secretary is hereby authorized to:
(a) Enter into binding commitments for the provision of grants in accordance with the provisions of this act;
(b) review applications of eligible municipalities for grants and select the projects for which grants will be made available; and
(c) adopt rules and regulations necessary for effectuation of the provisions of this act, including, but not limited to, assessing civil penalties.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary or the secretary's duly authorized agent to a wireless carrier. Such order shall state the violation, the penalty to be imposed and the right of such wireless carrier to appeal to the secretary. Any such wireless carrier, within 20 days after notification, may make written request to the secretary for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(e) Any wireless carrier aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(f) Any civil penalty recovered pursuant to this section shall be deposited with the local collection point administrator and subsequently routed back to the corresponding PSAP and shall be used solely for those expenses allowed by this act.
History: L. 2004, ch. 72, § 5; L. 2006, ch. 101, § 12; July 1.