39-947. Appeals to secretary; hearing; disposition of civil penalties. - Kansas Statutes

39-947

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 9.--ADULT CARE HOMES

      39-947.   Appeals tosecretary; hearing; disposition ofcivil penalties.Any licensee against whom a civil penalty has been assessed under K.S.A.39-946, and amendments thereto, may appeal such assessment within 10 days afterreceiving a written notice of assessment by filing with the secretary ofaging written notice of appeal specifyingwhy such civil penalty should not be assessed. Such appeal shall not operate tostay the payment of the civil penalty. Upon receipt of the notice ofappeal, the secretary of aging shallconduct a hearing in accordance with the provisions of the Kansasadministrative procedure act. If the secretary of aging sustains theappeal, any civil penalties collected shall be refunded forthwith to theappellant licensee with interest at the rate established by K.S.A. 16-204, andamendments thereto, from the date of payment of the civil penalties to thesecretary of aging. If the secretary of aging denies the appealand no appeal from the secretary is taken to the district court in accordancewith the provisions of the act for judicial review and civil enforcement ofagency actions, the secretary of aging shall dispose of any civilpenalties collected as provided in K.S.A. 39-949, and amendments thereto.

      History:   L. 1978, ch. 161, § 3; L. 1980, ch. 127, § 3;L. 1984, ch. 313, § 67;L. 2003, ch. 149, § 13; July 1.