Kansas Statutes 47-1010. Penalties for unlawful acts
Terms Used In Kansas Statutes 47-1010
- 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.
- Commissioner: means the animal health commissioner of the Kansas department of agriculture. See Kansas Statutes 47-1001
- Conviction: A judgement of guilt against a criminal defendant.
- Livestock: means and includes cattle, bison, swine, sheep, goats, horses, mules, domesticated deer, camelids, domestic poultry, domestic waterfowl, all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas, and any other animal as deemed necessary by the commissioner established through rules and regulations. See Kansas Statutes 47-1001
- Person: means and includes any individual, partnership, corporation or association. See Kansas Statutes 47-1001
- Public livestock market: means any place, establishment or facility commonly known as a "livestock market" "livestock auction market" "sales ring" "stockyard" "community sale" as such term is used in article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, which includes any business conducted or operated for compensation or profit as a public market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold or kept for sale or shipment except that this term shall not apply to any livestock market where federal veterinary inspection is regularly maintained. See Kansas Statutes 47-1001
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) In addition to the penalties provided in subsection (b), any person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 or more than $1,000, who commits any of the following acts:
(1) Assumes or attempts to act as a public livestock market operator without a license;
(2) imposes false charges for handling or services in connection with livestock handled, sold or offered for sale at a public livestock market;
(3) fails to account promptly, correctly and fully for any livestock sold or handled by him and properly to make settlements therefor;
(4) makes false or misleading statements as to market conditions at any public livestock market conducted or operated by the person making such statement or for whom such individual is in the employment of;
(5) makes any false or misleading statements as to the health or physical condition of the livestock or quantity of livestock shipped or sold; or
(6) fails to comply in any respect with this act and any and all lawful rules, regulations and orders of the commissioner issued and promulgated hereunder.
(b) The commissioner, upon finding that a person has violated any provision of Kan. Stat. Ann. § 47-1001 et seq., and amendments thereto, or any rule and regulation adopted thereunder, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act, may impose a civil penalty in an amount not more than $5,000 per violation. For the purposes of this section, violations shall include, but not be limited to, acts recognized in subsection (a) and acts or omissions which are grounds for administrative action pursuant to Kan. Stat. Ann. § 47-1005, and amendments thereto.
(c) In the case of a continuing violation, every day such violation continues shall be deemed a separate violation for the purposes of assessing civil penalties therefor. Such civil penalty may be assessed in addition to any other penalty provided by law. The recipient of a civil penalty may appeal the order to the district court in the manner provided by the Kansas judicial review act.
(d) Any penalty recovered pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.