12-5354.   Administration of act; rules andregulations; civil penalties.(a) The secretary shall administer the provisions of theVoIPenhanced 911 act.The secretary is hereby authorized to adopt rules and regulations necessary foreffectuation of theprovisions of this act, including, but not limited to, assessing civilpenalties.

      (b)   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 VoIP provider.Such order shall statethe violation, the penalty to be imposed and the right of such VoIP provider toappeal to thesecretary. Any such VoIP provider, within 20 days after notification, may makewritten request tothe secretary for a hearing or informal conference hearing in accordance withthe provisions ofthe Kansas administrative procedure act. The secretary shall affirm, reverse ormodify the orderand shall specify the reasons therefor.

      (c)   Any VoIP provider aggrieved by an order of the secretary made under thissection mayappeal such order to the district court in the manner provided by the act forjudicial review andcivil enforcement of agency actions.

      (d)   Any civil penalty recovered pursuant to this section shall be depositedwith the localcollection point administrator and subsequently routed back to thecorresponding PSAP and shallbe used solely for those expenses allowed by this act.

      History:   L. 2006, ch. 101, § 3; July 1.