65-171s. Same; violation of standards; penalties; procedure; hearing; judicial review.
65-171s
65-171s. Same; violation of standards;penalties; procedure; hearing; judicial review.(a) Any person who violates any provision of K.S.A. 65-171r and amendments theretoshall incur, in addition to any other penalty provided by law, a civilpenalty in an amount not more than $5,000 foreach violation. In the case of a continuing violation, every daysuch violation continues shall be deemed a separate violation. Thesecretary, upon a finding that a person has violated any provision ofK.S.A. 65-171r and amendments thereto, may impose upon the person acivil penalty of not to exceed the limitations provided in this section.In determining the amount of the civil penalty, the secretary shall takeinto consideration all relevant circumstances, including but not limitedto, the extent of harm caused by the violation, the nature andpersistence of the violation, the length of time over which theviolation occurs and any corrective actions taken.
(b) All civil penalties assessed shall be due and payable within 35days after written notice of the imposition of a civilpenalty is served on the person upon whom the penalty is beingimposed, unless a longer period of time is granted by the secretary orunless the person appeals the assessment as provided in this section.
(c) No civil penalty shall be imposed under this section except uponthe written order of the secretary to the person upon whom thepenalty is to be imposed, stating the nature of the violation, thepenalty imposed and the right of the person upon whom the penalty isimposed to appeal to the secretary for a hearingon the matter. Aperson upon whom a civil penalty has been imposed may appeal, within 15 days afterservice of the order imposing thecivil penalty, to the secretary. If appealed, a hearing shall beconducted in accordance with the provisions of the Kansas administrativeprocedure act. Thedecision of the secretary shall be final unless review is sought undersubsection (d).
(d) Any action of the secretary pursuant to this section is subjectto review in accordance with the act for judicial review and civilenforcement of agency actions.
History: L. 1977, ch. 212, § 11;L. 1986, ch. 318, § 87;L. 1988, ch. 356, § 183; July 1, 1989.