Kansas Statutes 65-788. Issuance of civil penalties for violations of act; written orders; notice and hearing; appeals; remittance of penalties
Terms Used In Kansas Statutes 65-788
- 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.
- Person: means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution. See Kansas Statutes 65-771
- Secretary: means the secretary of the Kansas department of agriculture, or the secretary's designee. See Kansas Statutes 65-771
- 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) Any licensee or any employee or agent thereof who violates any provision of this act or any rules and regulations promulgated thereunder and any person who violates Kan. Stat. Ann. 2023 Supp. 65-771a, and amendments thereto, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $300 for each violation and, in the case of a continuing violation, every day such violation continues may be deemed a separate violation.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary to the licensee who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the licensee to appeal to the secretary. Any such licensee within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any person subject to and aggrieved by a final order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(d) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.