66-1,152. Same; compromise of penalty; alternative to civil penalty. - Kansas Statutes

66-1,152

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

      66-1,152.   Same; compromise of penalty; alternativeto civil penalty.Any civil penalty may be compromised by the state corporationcommission. In determining the amount of the penalty or the amount agreedin compromise, the appropriateness of the penalty to the size of thebusiness, the gravity of the violation, and the good faith of the personcharged in attempting to achieve complianceshall be considered. Theamount of the penalty, when finally determined, or the amount agreed uponin compromise, may be deducted from any sums owing by the state of Kansasto the person charged or may be recovered in a civil action in theappropriate district court.In lieu of all or part of the civil penalty, the commission may consider andapprove, before or at hearing, a requirement, negotiated withcommission staff, that the person charged make payment to or expenditures fora project that is related to natural gas pipeline safety or underground utilitydamage prevention and benefits the industry or community as a whole.

      History:   L. 1970, ch. 271, § 3;L. 2000, ch. 66, § 1; July 1.