2-2511.   Civil penalties for violations; order ofsecretary, appeal procedure.(a) In addition to any other penalty provided by law, anyperson who violates any provision of this act, and amendments thereto, or anyrules and regulations adopted thereunder, may incur a civil penalty of not lessthan $100 nor more than $500 for each such violation. In the case of acontinuing violation, every day such violation continues may be deemed aseparate violation.

      (b)   In determining the amount of the civil penalty, the following shall betaken into consideration: (1) The potential or actual harm, or both, caused bythe violation;

      (2)   the nature and persistence of the violation;

      (3)   the length of time over which the violation occurs;

      (4)   compliance history;

      (5)   any corrective actions taken; and

      (6)   any and all other relevant circumstances.

      (c)   All civil penalties assessed shall be due and payable within 10 daysafter written notice of assessment is served on the person, unless a longerperiod of time is granted by the secretary.

      (d)   No civil penalty shall be imposed pursuant to this section except uponthe written order of the secretary. Such order shall state the violation, thepenalty to be imposed and the right of the person to appeal to the secretary.Any such person, within 20 days after notification, may make written request tothe secretary for a hearing in accordance with the provisions of the Kansasadministrative procedure act.

      (e)   Any person aggrieved by an order of the secretary made under this sectionmay appeal such order to the district court in the manner provided by the actfor judicial review and civil enforcement of agency actions.

      (f)   An appeal to the district court or to an appellate court shall not staythe payment of the civil penalty.

      (g)   Any civil penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amount in the state treasury tothe credit of the state general fund.

      (h)   The provisions of this section shall be part of and supplemental to theKansas egg law.

      History:   L. 2006, ch. 90, § 9; July 1.