47-624. Unlawful acts; civil penalties.
47-624
47-624. Unlawful acts; civil penalties.(a) In addition to any other penalty provided by law, any person who has insuch person'spossession any domestic animal affected with any contagious or infectiousdisease, knowing such animal to be so affected, whopermits such animal to run at large; or who keepssuch animal where other domestic animals, not affected with or previouslyexposed to such disease, may be exposed to such contagious or infectiousdisease; or who sells,ships, drives, trades or gives away such diseased and infected animal oranimals which have been exposed to such infection or contagion,except by sale, trade or gift to a regularly licensed disposal plant;or who moves or drives any domestic animal in violation of the rules andregulations, directions or orders establishing and regulating quarantine mayincur a civil penaltyimposed under subsection (b) in the amount of not less than $250 nor more than$1,000 for each such violation and, in the case of a continuing violation,every day such violation continues shall be deemed a separate violation.Any owner of any domestic animalwhich has been affected with or exposed to any contagious or infectiousdisease may dispose of the same after such owner obtains fromthe livestock commissioner a bill of health for such animal.
(b) Any duly authorized agent of the commissioner, upon a finding that anyperson, or agent or employee thereof, has violated any of the provisionsstated above, may impose a civilpenalty upon such person as provided in this section.
(c) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the commissioner to thepersonwho committed the violation. Such order shall state the violation, the penaltyto be imposed and the right of the person to appeal to the commissioner. Anysuchperson, within 20 days after notification, may make written request to thecommissioner for a hearing in accordance with the provisions of the Kansasadministrative procedure act. The commissioner shall affirm, reverse or modifythe order and shall specify the reasons therefor.
(d) Any person aggrieved by an order of the commissioner made under thissection may appeal such order to the district court inthe manner provided by the act for judicial review and civil enforcement ofagency actions.
(e) Any civil penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurerin accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurer shall deposit the entireamount in the state treasuryto the credit of the state general fund.
History: L. 1911, ch. 312, § 15;R.S. 1923, 47-624;L. 1943, ch. 199, § 3;L. 1989, ch. 156, § 24;L. 1992, ch. 100, § 2;L. 2001, ch. 5, § 163; July 1.