66-1277. Same; violations; penalties; hearing; judicial review. - Kansas Statutes

66-1277

Chapter 66.--PUBLIC UTILITIES Article 12.--MISCELLANEOUS PROVISIONS

      66-1277.   Same; violations; penalties; hearing;judicial review.(a) The commission, upon a finding that a person hasviolatedanyprovision of K.S.A. 2009 Supp. 66-1274, andamendments thereto, or rules and regulations adopted thereunder, may impose apenalty not toexceed $10,000 per violation which shall constitute an economic deterrent tothe violation for whichit is assessed and, in the case of a continuing violation, every day suchviolation continues shall bedeemed a separate violation.

      (b)   No penalty shall be imposed pursuant to this section except after anopportunity for hearing uponthe written order of the commission to the person who committed the violation.The order shall statethe violation and the penalty to be imposed.

      (c)   Whenever the commission or the commission's duly authorizedrepresentative find that the soilor waters of the state are not being protected from pollution resulting fromthe storage of compressedair, the commission or the commission's duly authorized representative shallissue an orderprohibiting such storage. Any person aggrieved by such order may request inwriting, within 15 daysafter service of the order, a hearing on the order. Upon receipt of a timelyrequest, a hearing shallbe conducted in accordance with the provisions of the Kansas administrativeprocedure act.

      (d)   Any action of the commission pursuant to this section is subject toreview in accordance withthe act for judicial review and civil enforcement of agency actions.

      History:   L. 2009, ch. 141, § 37; May 28.