65-788. Civil penalty may be imposed; how; appeal therefrom.
65-788
65-788. Civil penalty may be imposed; how; appealtherefrom.(a) Any licensee or any employee or agent thereofwho violates any provision of this actor any rules and regulations promulgated thereunder, inaddition to anyother penalty provided by law, may incur a civil penalty imposed undersubsection (b) in theamount fixed by rules and regulations of the secretary in anamount not less than $100 nor morethan $300 for each violation and, in the case of a continuingviolation, every day such violationcontinues may be deemed a separate violation.
(b) No civil penalty shall be imposed pursuant to this section except uponthe writtenorder of the secretary to the licensee who committedthe violation. Such order shall state theviolation, the penalty to be imposed and the right of the licensee to appeal tothe secretary. Anysuch licensee within 20 days after notification, may make written request tothe secretary for ahearing in accordance with the provisions of the Kansas administrativeprocedure act. Thesecretary shall affirm, reverse or modify the order and shall specify thereasons therefor.
(c) Any licensee aggrieved by a final order of the secretary made under thissection mayappeal such order to the district court in the manner provided by the act forjudicial review andcivil enforcement of agency actions.
(d) Any civil penalty recovered pursuant to the provisions of this sectionshall be remittedto the state treasurer, deposited in the state treasury and credited to thestate general fund.
History: L. 2001, ch. 32, § 18; July 1.