2-2511. Civil penalties for violations; order of secretary, appeal procedure. - Kansas Statutes

2-2511

Chapter 2.--AGRICULTURE Article 25.--KANSAS EGG LAW

      2-2511.   Civil penalties for violations; order of secretary, appeal procedure. (a) In addition to any other penalty provided by law, any person who violates any provision of this act, and amendments thereto, or any rules and regulations adopted thereunder, may incur a civil penalty of not less than $100 nor more than $500 for each such violation. In the case of a continuing violation, every day such violation continues may be deemed a separate violation.

      (b)   In determining the amount of the civil penalty, the following shall be taken into consideration: (1) The potential or actual harm, or both, caused by the violation;

      (2)   the nature and persistence of the violation;

      (3)   the length of time over which the violation occurs;

      (4)   compliance history;

      (5)   any corrective actions taken; and

      (6)   any and all other relevant circumstances.

      (c)   All civil penalties assessed shall be due and payable within 10 days after written notice of assessment is served on the person, unless a longer period of time is granted by the secretary.

      (d)   No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the secretary. Any such person, 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.

      (e)   Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.

      (f)   An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty.

      (g)   Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 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.

      (h)   The provisions of this section shall be part of and supplemental to the Kansas egg law.

      History:   L. 2006, ch. 90, § 9; July 1.