2-2440e.Pesticide business licensees and pesticide
dealers;
civil penalties; appeal
procedure; deposit of moneys.
(a) Any pesticide business licensee or pesticide dealer who
violates any of the provisions of K.S.A. 2-2453 or 2-2454, and
amendments
thereto, 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 may be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon a finding that a
pesticide business licensee or pesticide dealer
or any employee or agent thereof or
any person or entity required to be licensed as a pesticide business
licensee or registered as a pesticide dealer
who violates any of the provisions of K.S.A. 2-2453 and 2-2454, and
amendments thereto, may
impose a civil penalty as provided in this section upon such licensee or
dealer.
(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
pesticide business licensee or pesticide dealer
who committed the violation. Such order shall state the
violation, the penalty to be imposed and the right of such pesticide business
licensee or pesticide dealer to
appeal to the secretary. Any such licensee
or dealer, 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 pesticide
law.
History: L. 1988, ch. 7, § 5;
L. 2001, ch. 5, § 16;
L. 2009, ch. 128, § 15; July 1.
2-2440e.Pesticide business licensees and pesticide
dealers;
civil penalties; appeal
procedure; deposit of moneys.
(a) Any pesticide business licensee or pesticide dealer who
violates any of the provisions of K.S.A. 2-2453 or 2-2454, and
amendments
thereto, 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 may be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon a finding that a
pesticide business licensee or pesticide dealer
or any employee or agent thereof or
any person or entity required to be licensed as a pesticide business
licensee or registered as a pesticide dealer
who violates any of the provisions of K.S.A. 2-2453 and 2-2454, and
amendments thereto, may
impose a civil penalty as provided in this section upon such licensee or
dealer.
(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
pesticide business licensee or pesticide dealer
who committed the violation. Such order shall state the
violation, the penalty to be imposed and the right of such pesticide business
licensee or pesticide dealer to
appeal to the secretary. Any such licensee
or dealer, 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 pesticide
law.
History: L. 1988, ch. 7, § 5;
L. 2001, ch. 5, § 16;
L. 2009, ch. 128, § 15; July 1.
2-2440e.Pesticide business licensees and pesticide
dealers;
civil penalties; appeal
procedure; deposit of moneys.
(a) Any pesticide business licensee or pesticide dealer who
violates any of the provisions of K.S.A. 2-2453 or 2-2454, and
amendments
thereto, 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 may be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon a finding that a
pesticide business licensee or pesticide dealer
or any employee or agent thereof or
any person or entity required to be licensed as a pesticide business
licensee or registered as a pesticide dealer
who violates any of the provisions of K.S.A. 2-2453 and 2-2454, and
amendments thereto, may
impose a civil penalty as provided in this section upon such licensee or
dealer.
(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
pesticide business licensee or pesticide dealer
who committed the violation. Such order shall state the
violation, the penalty to be imposed and the right of such pesticide business
licensee or pesticide dealer to
appeal to the secretary. Any such licensee
or dealer, 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 pesticide
law.
History: L. 1988, ch. 7, § 5;
L. 2001, ch. 5, § 16;
L. 2009, ch. 128, § 15; July 1.