Statutes > Kansas Statutes > Chapter 36 HOTELS, LODGINGHOUSES AND RESTAURANTS > Article 5 FOOD SERVICE AND LODGING ESTABLISHMENTS > 36-515b. Civil penalty for violation of act; procedure.

36-515b. Civil penalty for violation of act; procedure.

36-515b

Chapter 36.--HOTELS, LODGINGHOUSES AND RESTAURANTS
Article 5.--FOOD SERVICE AND LODGING ESTABLISHMENTS

      36-515b.   Civil penalty for violation of act;procedure.(a) Any person who violates any provision of the foodservice and lodging act or any rule and regulation adopted pursuantthereto, in addition to any other penalty provided by law, may incur acivil penalty imposed under subsection (b) in an amount not to exceed $500for each violation and, in the case of a continuing violation, every daysuch violation continues shall be deemed a separate violation.

      (b)   The secretary ofagriculture, upon afinding that a person has violated any provision of the food service andlodging act or any rule and regulation adopted pursuant thereto, may imposea civil penalty within the limits provided in this section upon suchperson, which civil penalty shall be in an amount to constitute an actualand substantial economic deterrent to the violation for which the civilpenalty is assessed.

      (c)   No civil penalty shall be imposed pursuant to this section exceptupon the written order of thesecretary of agriculture to the person who committed the violation. Suchorder shallstate the violation, the penalty to be imposed and the right of such personto appeal to the secretary. Any such person, within 20 days afternotification, may make written request to the secretary for a hearing inaccordance with the provisions of the Kansas administrative procedure act.The secretary shall affirm, reverse or modify the order of the secretaryand shall specify the reasons therefor.

      (d)   Any person aggrieved by an order of the secretary made under thissection may appeal such order to the district court in the manner providedby the act for judicial review and civil enforcement of agency actions.

      (e)   Any penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurer in accordancewith the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in thestate treasuryto the credit of the state general fund.

      (f)   This section shall be a part of and supplemental to the food serviceand lodging act.

      History:   L. 1982, ch. 181, § 5;L. 1985, ch. 140, § 1;L. 2001, ch. 5, § 107;L. 2008, ch. 84, § 17; Oct. 1.