12-5325.   Administration of act and fund; rules andregulations; civil penalties.The secretary shall administer the provisions of thewirelessenhanced 911 actand shall be responsible for administration and management of the fund. Thesecretary is herebyauthorized to:

      (a)   Enter into binding commitments for the provision of grants in accordancewith theprovisions of this act;

      (b)   review applications of eligible municipalities for grants and select theprojects for whichgrants will be made available; and

      (c)   adopt rules and regulations necessary for effectuation of the provisionsof this act, including, but not limited to, assessingcivil penalties.

      (d)   No civil penalty shall be imposed pursuant to this section except uponthe written order ofthe secretary or the secretary's duly authorized agent to a wireless carrier.Such order shall statethe violation, the penalty to be imposed and the right of such wireless carrierto appeal to thesecretary. Any such wireless carrier, within 20 days after notification, maymake written requestto the secretary for a hearing or informal conference hearing in accordancewith the provisions ofthe Kansas administrative procedure act. The secretary shall affirm, reverse ormodify the orderand shall specify the reasons therefor.

      (e)   Any wireless carrier aggrieved by an order of the secretary made underthissection may appeal suchorder to the district court in the manner provided by the act for judicialreview and civilenforcement of agency actions.

      (f)   Any civil penalty recovered pursuant to this sectionshallbe deposited with the local collection point administrator and subsequentlyrouted back to the corresponding PSAP and shall be used solely for thoseexpenses allowed by this act.

      History:   L. 2004, ch. 72, § 5;L. 2006, ch. 101, § 12; July 1.