66-1,142c. Commission authorized to compromise civil penalty. - Kansas Statutes

66-1,142c

Chapter 66.--PUBLIC UTILITIES Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-1,142c.   Commission authorized to compromise civilpenalty.Any civil penalty may be compromised by the statecorporation commission. In determining the amount of the penalty or the amountagreed in compromise, the appropriateness of the penalty to the size of thebusiness, the gravity of the violation and the good faith of the person chargedin attempting to achieve compliance, shall be considered. The amount of thepenalty, when finally determined, or the amount agreed upon in compromise, maybe deducted from any sums owing by the state of Kansas to the person charged ormay be recovered, together with costs and the reasonable attorney fees of thecommission staff or retained counsel in a civil action in the appropriatedistrict court.In lieu of all or part of the civil penalty, the commission may consider andapprove, before or at hearing, a requirement, negotiated with the commission'stransportation division, that the person charged make payments to orexpenditures for a project that is related to motor carrier safety regulationand benefits the industry or community as a whole.

      History:   L. 2001, ch. 92, § 3; July 1.