2-3317.   Penalties.(a) Any person who violates any of the provisions of theKansas chemigation safety law, in addition to any other penalty provided bylaw, may incur a civil penalty imposed under subsection (b) in the amountfixed 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 continuingviolation, every day such violation continues shall be deemed a separate violation.

      (b)   A duly authorized agent of the secretary, upon a finding that aperson or any employee or agent has violated the Kansas chemigation safetylaw, may impose a civil penalty as provided in this section upon such person.

      (c)   No civil penalty shall be imposed pursuant to this section exceptupon the written order of the duly authorized agent of the secretary to theperson who committed the violation. Such order shall state the violation,the penalty to be imposed and the right of such person to appeal to thesecretary. Any such person, within 20 days after notification, may makewritten 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.

      (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 the statetreasuryto the credit of the state general fund.

      (f)   This section shall be a part of and supplemental to the Kansaschemigation safety law.

      History:   L. 1989, ch. 7, § 4;L. 2001, ch. 5, § 23; July 1.