25-4182. Same; cease and desist order; emergencies.
25-4182
25-4182. Same; cease and desist order; emergencies.(a) If the commissiondetermines afternotice and opportunity for ahearing that any person has engaged or is engagingin any act or practice constituting a violation of any provisionof the campaign finance act or any rule and regulation or order hereunder,the commission by ordermay require that such person cease and desist from the unlawful act orpractice and take such affirmative action as in the judgment of thecommission will carry out the purposes of such act.
(b) If the commission makes written findings of fact that thepublic interest will be irreparably harmed by delay in issuing an orderunder subsection (a), the commission may issue an emergencytemporary cease and desist order.Such order, even when not an order within the meaning of K.S.A.77-502 and amendments thereto, shall be subject to the sameprocedures as an emergency order issued under K.S.A. 77-536 andamendments thereto.Upon the entryof such an order, the commission shall promptly notify the person subjectto the order that it has been entered, of the reasons therefor and thatupon written request the matter will be set for a hearing which shall beconducted in accordance with the provisions of the Kansas administrativeprocedure act. If no hearing is requested and none is ordered by thecommission, the order will remain in effect until it is modified orvacated by the commission. If a hearing is requested or ordered, thecommission, after notice of and opportunity for hearing to the personsubject to the order, shall by written findings of fact and conclusions oflaw vacate, modify or make permanent the order. Any such order shall beenforceable in any court of competent jurisdiction.
History: L. 1988, ch. 369, § 3;L. 1991, ch. 150, § 19; July 1.