2-2440e.   Pesticide business licensees and pesticidedealers;civil penalties; appealprocedure; deposit of moneys.(a) Any pesticide business licensee or pesticide dealer whoviolates any of the provisions of K.S.A. 2-2453 or 2-2454, andamendmentsthereto, in addition to any other penalty provided by law, may incur acivil penalty imposed under subsection (b) in the amountfixed by rules and regulations of thesecretary in an amount not less than $100 nor more than $5,000for eachviolation and, in the case of a continuing violation, every day suchviolation continues may be deemed a separate violation.

      (b)   A duly authorized agent of the secretary, upon a finding that apesticide business licensee or pesticide dealeror any employee or agent thereof orany person or entity required to be licensed as a pesticide businesslicensee or registered as a pesticide dealerwho violates any of the provisions of K.S.A. 2-2453 and 2-2454, andamendments thereto, mayimpose a civil penalty as provided in this section upon such licensee ordealer.

      (c)   No civil penalty shall be imposed pursuant to this section exceptupon the written order of the duly authorized agent of the secretary to thepesticide business licensee or pesticide dealerwho committed the violation. Such order shall state theviolation, the penalty to be imposed and the right of such pesticide businesslicensee or pesticide dealer toappeal to the secretary. Any such licenseeor dealer, within 20 days after notification,may make written request to the secretary for a hearing or informalconference hearing in accordance with the provisions of the Kansasadministrative procedure act. The secretary shallaffirm, reverse or modify the order and shall specify the reasons therefor.

      (d)   Any person aggrieved by an order of the secretary made under thissection may appeal such order to the district court in the manner providedby the act for judicial review and civil enforcement of agency actions.

      (e)   Any civil penalty recovered pursuant to the provisions of thissection shall be remitted to the state treasurer. Uponreceipt of each such remittance, the state treasurer shall deposit the entireamount in thestatetreasury to the credit of the state general fund.

      (f)   This section shall be a part of and supplemental to the Kansas pesticidelaw.

      History:   L. 1988, ch. 7, § 5;L. 2001, ch. 5, § 16;L. 2009, ch. 128, § 15; July 1.