65-6a36. Refusal to provide or withdraw inspection services for applicant or recipient convicted of certain offenses; hearing.
65-6a36
65-6a36. Refusal to provide or withdraw inspection services forapplicant or recipient convicted of certain offenses; hearing.(a) The secretary may, for such period, or indefinitely, asthe secretary deemsnecessary to effectuate the purposes of this act, refuse to provide, orwithdraw, inspection service under this act with respect to anyestablishment if the secretary determines, after opportunity fora hearing is accordedto the applicant for, or recipient of, such service, that such applicant orrecipient is unfit to engage in any business requiring inspection underthis act because the applicant or recipient, or anyone responsiblyconnected with the applicant or recipient, has been convicted, in anyfederal or state court, of (1) any felony based upon the acquiring,handling, transporting or distributing of unwholesome, adulterated,mislabeled or deceptively packagedfood or upon fraud in connection with transactions in food, or (2) morethan one violation of any law, other than a felony, based upon theacquiring, handling, transporting or distributing of unwholesome,adulterated, mislabeled ordeceptively packaged food or upon fraud in connection with transactions infood. This section shall not affect in any way other provisions of this actfor withdrawal of the inspection services from establishments failing tomaintain sanitary conditions or to destroy condemned carcasses, parts, meator meat food products, poultry or poultry products.
(b) Hearings under this section shall be conducted in accordance with theprovisions of the Kansas administrative procedure act.
History: L. 1969, ch. 296, § 19;L. 1988, ch. 356, § 190;L. 1993, ch. 127, § 4; July 1.