12-5325.Administration of act and fund; rules and
regulations; civil penalties.
The secretary shall administer the provisions of the
wireless
enhanced 911 act
and shall be responsible for administration and management of the fund. The
secretary is hereby
authorized to:
(a) Enter into binding commitments for the provision of grants in accordance
with the
provisions of this act;
(b) review applications of eligible municipalities for grants and select the
projects for which
grants will be made available; and
(c) adopt rules and regulations necessary for effectuation of the provisions
of this act, including, but not limited to, assessing
civil penalties.
(d) No civil penalty shall be imposed pursuant to this section except upon
the written order of
the secretary or the secretary's duly authorized agent to a wireless carrier.
Such order shall state
the violation, the penalty to be imposed and the right of such wireless carrier
to appeal to the
secretary. Any such wireless carrier, 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.
(e) Any wireless carrier 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.
(f) Any civil penalty recovered pursuant to this section
shall
be deposited with the local collection point administrator and subsequently
routed back to the corresponding PSAP and shall be used solely for those
expenses allowed by this act.
History: L. 2004, ch. 72, § 5;
L. 2006, ch. 101, § 12; July 1.
12-5325.Administration of act and fund; rules and
regulations; civil penalties.
The secretary shall administer the provisions of the
wireless
enhanced 911 act
and shall be responsible for administration and management of the fund. The
secretary is hereby
authorized to:
(a) Enter into binding commitments for the provision of grants in accordance
with the
provisions of this act;
(b) review applications of eligible municipalities for grants and select the
projects for which
grants will be made available; and
(c) adopt rules and regulations necessary for effectuation of the provisions
of this act, including, but not limited to, assessing
civil penalties.
(d) No civil penalty shall be imposed pursuant to this section except upon
the written order of
the secretary or the secretary's duly authorized agent to a wireless carrier.
Such order shall state
the violation, the penalty to be imposed and the right of such wireless carrier
to appeal to the
secretary. Any such wireless carrier, 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.
(e) Any wireless carrier 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.
(f) Any civil penalty recovered pursuant to this section
shall
be deposited with the local collection point administrator and subsequently
routed back to the corresponding PSAP and shall be used solely for those
expenses allowed by this act.
History: L. 2004, ch. 72, § 5;
L. 2006, ch. 101, § 12; July 1.
12-5325.Administration of act and fund; rules and
regulations; civil penalties.
The secretary shall administer the provisions of the
wireless
enhanced 911 act
and shall be responsible for administration and management of the fund. The
secretary is hereby
authorized to:
(a) Enter into binding commitments for the provision of grants in accordance
with the
provisions of this act;
(b) review applications of eligible municipalities for grants and select the
projects for which
grants will be made available; and
(c) adopt rules and regulations necessary for effectuation of the provisions
of this act, including, but not limited to, assessing
civil penalties.
(d) No civil penalty shall be imposed pursuant to this section except upon
the written order of
the secretary or the secretary's duly authorized agent to a wireless carrier.
Such order shall state
the violation, the penalty to be imposed and the right of such wireless carrier
to appeal to the
secretary. Any such wireless carrier, 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.
(e) Any wireless carrier 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.
(f) Any civil penalty recovered pursuant to this section
shall
be deposited with the local collection point administrator and subsequently
routed back to the corresponding PSAP and shall be used solely for those
expenses allowed by this act.
History: L. 2004, ch. 72, § 5;
L. 2006, ch. 101, § 12; July 1.
