Kansas Statutes 39-948. Appeals to district court; disposition of civil penalties
Terms Used In Kansas Statutes 39-948
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Licensee: means any person or persons acting jointly or severally who are licensed by the secretary for aging and disability services pursuant to the adult care home licensure act, Kan. See Kansas Statutes 39-923
(a) A licensee may appeal to the district court from a decision of the secretary for aging and disability services under Kan. Stat. Ann. § 39-947, and amendments thereto. The appeal shall be tried in accordance with the provisions of the Kansas judicial review act.
(b) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary for aging and disability services shall refund forthwith the payment of any civil penalties to the licensee with interest at the rate established by Kan. Stat. Ann. § 16-204, and amendments thereto, from the date of payment of the civil penalties to the secretary. If the court denies the appeal, the secretary for aging and disability services shall dispose of any civil penalties collected as provided in Kan. Stat. Ann. § 39-949, and amendments thereto.