2-2478.   Same; use of pesticides in area; civil penalty; appeal procedure.(a) Following the establishment of any pesticide management area,all persons shall use pesticides consistently with the provisions of thepesticide management plan for the pesticide management area. Any person whoapplies pesticides in violation of a plan of an established pesticidemanagement area may incur a civil penalty in the amount fixed by rules andregulations of the secretary in an amount not less than $100 nor more than$5,000 for each violation.

      (b)   No civil penalty shall be imposed pursuant to this section exceptupon the written order of the secretary or the secretary's duly authorizedagent to the person who committed the violation. Such order shall state theviolation, the penalty to be imposed and the right of such person to appealto the secretary. Any such person, within 20 days after notification, maymake written request to the secretary for a hearing or informal conferencehearing in accordance with the provisions of the Kansas administrativeprocedure act. The secretary shall affirm, reverse or modify the order andshall specify the reasons therefor.

      (c)   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.

      (d)   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.

      History:   L. 1989, ch. 6, § 10;L. 2001, ch. 5, § 18; July 1.