39-948. Appeals to district court; disposition of civil penalties. - Kansas Statutes

39-948

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

      39-948.   Appeals to district court; disposition of civil penalties.(a) A licensee may appeal to the district court from a decision of thesecretary of aging under K.S.A. 39-947, and amendments thereto. Theappeal shall be tried in accordance with the provisions of the act for judicialreview and civil enforcement of agency actions.

      (b)   An appeal to the district court or to an appellate court shall not staythe payment of the civil penalty. If the court sustains the appeal, thesecretary of aging shall refund forthwiththe payment of any civil penalties to the licensee with interest at the rateestablished by K.S.A. 16-204, and amendments thereto, from the date of paymentof the civil penalties to the secretary. If the court denies the appeal, thesecretary of aging shall dispose of anycivil penalties collected as provided in K.S.A. 39-949, and amendments thereto.

      History:   L. 1978, ch. 161, § 4; L. 1980, ch. 127, § 4;L. 1984, ch. 313, § 68;L. 2003, ch. 149, § 14; July 1.