2-3317. Penalties.
2-3317
2-3317. Penalties.
(a) Any person who violates any of the provisions of the
Kansas chemigation safety law, in addition to any other penalty provided by
law, may incur a civil penalty imposed under subsection (b) in the amount
fixed by rules and regulations of the secretary in an amount not less than
$100 nor more than $5,000 for each violation and, in the case of a continuing
violation, every day such violation continues shall be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon a finding that a
person or any employee or agent has violated the Kansas chemigation safety
law, may impose a civil penalty as provided in this section upon such person.
(c) No civil penalty shall be imposed pursuant to this section except
upon the written order of the duly authorized agent of the secretary to the
person who committed the violation. Such order shall state the violation,
the penalty to be imposed and the right of such person to appeal to the
secretary. Any such person, within 20 days after notification, may make
written request to the secretary for a hearing or informal conference
hearing in accordance with the provisions of the Kansas administrative
procedure act. The secretary shall affirm, reverse or modify the order and
shall specify the reasons therefor.
(d) Any person aggrieved by an order of the secretary made under this
section may appeal such order to the district court in the manner provided
by the act for judicial review and civil enforcement of agency actions.
(e) Any civil penalty recovered pursuant to the provisions of this
section shall be remitted to the state treasurer. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state
treasury
to the credit of the state general fund.
(f) This section shall be a part of and supplemental to the Kansas
chemigation safety law.
History: L. 1989, ch. 7, § 4;
L. 2001, ch. 5, § 23; July 1.