Article 24.--REGULATION OF CERTAIN TRADE PRACTICES
40-2407.Same; cease and desist orders; penalties;suspension or revocation of license; restitution; modification oforder.(a) If, after such hearing, the commissioner shall determine that the personcharged has engaged in an unfair method of competition or an unfair ordeceptiveact or practice, the commissioner shall render an order requiringsuchperson tocease and desist from engaging in such method of competition, act or practiceand if the act or practice is a violation of K.S.A. 40-2404 andamendments thereto, the commissionermay in the exercise of discretion order any one or more of the following:
(1) Payment of a monetary penalty of not more than $1,000 foreach andevery act or violation, but not to exceed an aggregatepenalty of $10,000, unless the personknew or reasonably should have known such person was inviolation of this act, inwhich case the penalty shall be not more than $5,000for each and every act or violation, but not to exceed an aggregate of $50,000in any six-month period;
(2) suspension or revocation of the person's license if such person knewor reasonably should have known such person was inviolation of this act; or
(3) redress of the injury by requiring the refund of any premiums paidby, the payment of any moneys withheld from, any consumer and appropriatepublic notification of the violation.In applying this penalty any requirement for the payment of moneys mayinclude reasonable interest at a rate not to exceed the rate specified inK.S.A. 40-2,126 andamendments thereto, with such interest commencing no earlier than the date theconsumer's complaint was received by the commissioner and actual costs incurredby the consumer in effecting the payment associated directly with the injury.
(b) After the expiration of the time allowed for filing a petitionfor review if no such petition has been duly filed within such time, thecommissioner may at any time, after notice and opportunity for hearing inaccordance with the provisions of the Kansas administrative procedure act,reopen and alter, modify or set aside, in whole or in part, any orderissued under this section, whenever in the commissioner's opinion conditions offact or of law have so changed as to require such action or if the publicinterest shall so require.
Article 24.--REGULATION OF CERTAIN TRADE PRACTICES
40-2407.Same; cease and desist orders; penalties;suspension or revocation of license; restitution; modification oforder.(a) If, after such hearing, the commissioner shall determine that the personcharged has engaged in an unfair method of competition or an unfair ordeceptiveact or practice, the commissioner shall render an order requiringsuchperson tocease and desist from engaging in such method of competition, act or practiceand if the act or practice is a violation of K.S.A. 40-2404 andamendments thereto, the commissionermay in the exercise of discretion order any one or more of the following:
(1) Payment of a monetary penalty of not more than $1,000 foreach andevery act or violation, but not to exceed an aggregatepenalty of $10,000, unless the personknew or reasonably should have known such person was inviolation of this act, inwhich case the penalty shall be not more than $5,000for each and every act or violation, but not to exceed an aggregate of $50,000in any six-month period;
(2) suspension or revocation of the person's license if such person knewor reasonably should have known such person was inviolation of this act; or
(3) redress of the injury by requiring the refund of any premiums paidby, the payment of any moneys withheld from, any consumer and appropriatepublic notification of the violation.In applying this penalty any requirement for the payment of moneys mayinclude reasonable interest at a rate not to exceed the rate specified inK.S.A. 40-2,126 andamendments thereto, with such interest commencing no earlier than the date theconsumer's complaint was received by the commissioner and actual costs incurredby the consumer in effecting the payment associated directly with the injury.
(b) After the expiration of the time allowed for filing a petitionfor review if no such petition has been duly filed within such time, thecommissioner may at any time, after notice and opportunity for hearing inaccordance with the provisions of the Kansas administrative procedure act,reopen and alter, modify or set aside, in whole or in part, any orderissued under this section, whenever in the commissioner's opinion conditions offact or of law have so changed as to require such action or if the publicinterest shall so require.
Article 24.--REGULATION OF CERTAIN TRADE PRACTICES
40-2407.Same; cease and desist orders; penalties;suspension or revocation of license; restitution; modification oforder.(a) If, after such hearing, the commissioner shall determine that the personcharged has engaged in an unfair method of competition or an unfair ordeceptiveact or practice, the commissioner shall render an order requiringsuchperson tocease and desist from engaging in such method of competition, act or practiceand if the act or practice is a violation of K.S.A. 40-2404 andamendments thereto, the commissionermay in the exercise of discretion order any one or more of the following:
(1) Payment of a monetary penalty of not more than $1,000 foreach andevery act or violation, but not to exceed an aggregatepenalty of $10,000, unless the personknew or reasonably should have known such person was inviolation of this act, inwhich case the penalty shall be not more than $5,000for each and every act or violation, but not to exceed an aggregate of $50,000in any six-month period;
(2) suspension or revocation of the person's license if such person knewor reasonably should have known such person was inviolation of this act; or
(3) redress of the injury by requiring the refund of any premiums paidby, the payment of any moneys withheld from, any consumer and appropriatepublic notification of the violation.In applying this penalty any requirement for the payment of moneys mayinclude reasonable interest at a rate not to exceed the rate specified inK.S.A. 40-2,126 andamendments thereto, with such interest commencing no earlier than the date theconsumer's complaint was received by the commissioner and actual costs incurredby the consumer in effecting the payment associated directly with the injury.
(b) After the expiration of the time allowed for filing a petitionfor review if no such petition has been duly filed within such time, thecommissioner may at any time, after notice and opportunity for hearing inaccordance with the provisions of the Kansas administrative procedure act,reopen and alter, modify or set aside, in whole or in part, any orderissued under this section, whenever in the commissioner's opinion conditions offact or of law have so changed as to require such action or if the publicinterest shall so require.
