KANSAS STATUTES AND CODES

47-843. Violation of act; civil citation; penalties.

47-843

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS Article 8.--REGISTRATION OF VETERINARIANS

47-843. Violation of act; civil citation;penalties.(a) If, upon completion of an investigation, the executivedirector has probable cause to believe that a veterinarian violated the provisions of the Kansasveterinary practice act, in lieu of proceedings pursuant to K.S.A. 47-830and amendments thereto, the executive director may issue a citation to theveterinarian, as provided in this section. The investigation shall includeattempts to contact the veterinarian to discuss and resolve the allegedviolation. Each citationshall be in writing and shall describe with particularity the nature of theviolation, including a reference to the provision of the Kansas veterinarypractice act alleged to have been violated. In addition, each citation maycontain an order of abatement fixing a reasonable time for abatement of theviolation, and may contain an assessment of a civil penalty not in excess of$2,000. The citationshallbe served upon the veterinarian by anytype of mailing requiring a return receipt. Before any citation may be issued,the executive director shall submit the alleged violation for review andinvestigation to at least two designees of the board who are veterinarianslicensed in or employed by the state. Upon conclusion of the board designee'sreview, thedesignees shall prepare a finding of fact and a recommendation. If the board'sdesignees conclude that probable cause exists that the veterinarianhas violated any provisions of the Kansas veterinary practiceact, a civil citation shall be issued to the veterinarian,according to policies adopted by the board through rules and regulations.

(b) The board shall adopt rules and regulations covering the assessment ofcivil penalties under this section which give due consideration to theappropriateness of the penalty with respect to the following factors:

(1) The gravity of the violation;

(2) the good faith of the person being charged; and

(3) the history of previous violations.

History: L. 1993, ch. 129, § 22;L. 1999, ch. 25, § 15; July 1.