47-844.Civil citation; notice to contest;procedures; disciplinary actions and civil penalties.(a) If a veterinarian desires tocontest administratively a civil citation or the proposed assessment of a civilpenalty such veterinarian, within 30 days after serviceof the citation, shall notify the executive director in writing of suchveterinarian's request for an informal conference with the executive directoror the executive director's designee. The executive director or the executivedirector's designee, within 60 days from the receipt of the request, shall holdan informal conference. At the conclusion of the informal conference, theexecutive director may affirm, modify or dismiss the citation or proposedassessment of a civil penalty, and the executive director shall state withparticularity in writing the reasons for the action, and shall immediatelytransmit a copy thereof to the board, the veterinarian,and the person who submitted the complaint. If the veterinariandesires to contest administratively a decision made after theinformal conference, such veterinarian shall inform the executive director inwritingwithin 30 days after such person receives the decision resultingfrom the informal conference. If the veterinarian failsto notify the executive director in writing that such veterinarian intends tocontestthe citation or the proposed assessment of a civil penalty or the decisionmade after an informal conference within the time specified in this section,the citation or the proposed assessment of a civil penalty or the decision madeafter an informal conference shall be deemed a final order of the board andshall not be subject to further administrative review. Notwithstanding anyother provision of law, where a fine is paid to satisfy an assessment based onthe findings of a violation, payment of the fine shall be represented assatisfactory resolution of the matter for purposes of public disclosure.
(b) A veterinarian, in lieu of contesting a citationpursuant to this section, may transmit to the board the amount assessed in thecitation as a civil penalty, within 30 days after service of thecitation. If a hearing is not requested pursuant to this section, payment ofany fine shall not constitute an admission of the violation charged.
(c) If a veterinarian has notified the executivedirector within 30 days of the issuance of the assessment or citation that suchveterinarian intends to contest the decision made after the informalconference,theboard shall hold a hearing to be held in accordance with theKansas administrative procedure act. After the hearing, the boardshall issue a decision, based on findings offact, affirming, modifying, or vacating the citation, or directing otherappropriate relief which shall include, but need not be limited to, a noticethat the failure of a veterinarian to comply with anyprovision of the board's decision constitutes grounds for suspension, or denialof licensure, or both. The proceedings under this section shall be conductedin accordance with the Kansas administrative procedure act and the board shallhave allthe powers granted therein.
(d) After the exhaustion of the review procedures provided for in thissection, the board may bring an action pursuant to the act for judicial reviewand civil enforcement of agency action to enforce any order issued pursuant tothis section.
(e) Failure of the licensee to pay a fine within 30 days of the date ofassessment, unless the citation is being appealed, may result in disciplinaryaction being taken by the board. When a citation is not contested and a fineisnot paid, the full amount of the assessed fine shall be added to the fee forrenewal of the license. A license shall not be renewed without payment of therenewal fee and fine.
(f) All civil penalties received under this act shall be deposited in thestate general fund following payment of allcosts related to investigation, adjudication andenforcement which shall be credited to theveterinary examiners fee fund.
History: L. 1993, ch. 129, § 23;L. 1999, ch. 25, § 16; July 1.
47-844.Civil citation; notice to contest;procedures; disciplinary actions and civil penalties.(a) If a veterinarian desires tocontest administratively a civil citation or the proposed assessment of a civilpenalty such veterinarian, within 30 days after serviceof the citation, shall notify the executive director in writing of suchveterinarian's request for an informal conference with the executive directoror the executive director's designee. The executive director or the executivedirector's designee, within 60 days from the receipt of the request, shall holdan informal conference. At the conclusion of the informal conference, theexecutive director may affirm, modify or dismiss the citation or proposedassessment of a civil penalty, and the executive director shall state withparticularity in writing the reasons for the action, and shall immediatelytransmit a copy thereof to the board, the veterinarian,and the person who submitted the complaint. If the veterinariandesires to contest administratively a decision made after theinformal conference, such veterinarian shall inform the executive director inwritingwithin 30 days after such person receives the decision resultingfrom the informal conference. If the veterinarian failsto notify the executive director in writing that such veterinarian intends tocontestthe citation or the proposed assessment of a civil penalty or the decisionmade after an informal conference within the time specified in this section,the citation or the proposed assessment of a civil penalty or the decision madeafter an informal conference shall be deemed a final order of the board andshall not be subject to further administrative review. Notwithstanding anyother provision of law, where a fine is paid to satisfy an assessment based onthe findings of a violation, payment of the fine shall be represented assatisfactory resolution of the matter for purposes of public disclosure.
(b) A veterinarian, in lieu of contesting a citationpursuant to this section, may transmit to the board the amount assessed in thecitation as a civil penalty, within 30 days after service of thecitation. If a hearing is not requested pursuant to this section, payment ofany fine shall not constitute an admission of the violation charged.
(c) If a veterinarian has notified the executivedirector within 30 days of the issuance of the assessment or citation that suchveterinarian intends to contest the decision made after the informalconference,theboard shall hold a hearing to be held in accordance with theKansas administrative procedure act. After the hearing, the boardshall issue a decision, based on findings offact, affirming, modifying, or vacating the citation, or directing otherappropriate relief which shall include, but need not be limited to, a noticethat the failure of a veterinarian to comply with anyprovision of the board's decision constitutes grounds for suspension, or denialof licensure, or both. The proceedings under this section shall be conductedin accordance with the Kansas administrative procedure act and the board shallhave allthe powers granted therein.
(d) After the exhaustion of the review procedures provided for in thissection, the board may bring an action pursuant to the act for judicial reviewand civil enforcement of agency action to enforce any order issued pursuant tothis section.
(e) Failure of the licensee to pay a fine within 30 days of the date ofassessment, unless the citation is being appealed, may result in disciplinaryaction being taken by the board. When a citation is not contested and a fineisnot paid, the full amount of the assessed fine shall be added to the fee forrenewal of the license. A license shall not be renewed without payment of therenewal fee and fine.
(f) All civil penalties received under this act shall be deposited in thestate general fund following payment of allcosts related to investigation, adjudication andenforcement which shall be credited to theveterinary examiners fee fund.
History: L. 1993, ch. 129, § 23;L. 1999, ch. 25, § 16; July 1.
47-844.Civil citation; notice to contest;procedures; disciplinary actions and civil penalties.(a) If a veterinarian desires tocontest administratively a civil citation or the proposed assessment of a civilpenalty such veterinarian, within 30 days after serviceof the citation, shall notify the executive director in writing of suchveterinarian's request for an informal conference with the executive directoror the executive director's designee. The executive director or the executivedirector's designee, within 60 days from the receipt of the request, shall holdan informal conference. At the conclusion of the informal conference, theexecutive director may affirm, modify or dismiss the citation or proposedassessment of a civil penalty, and the executive director shall state withparticularity in writing the reasons for the action, and shall immediatelytransmit a copy thereof to the board, the veterinarian,and the person who submitted the complaint. If the veterinariandesires to contest administratively a decision made after theinformal conference, such veterinarian shall inform the executive director inwritingwithin 30 days after such person receives the decision resultingfrom the informal conference. If the veterinarian failsto notify the executive director in writing that such veterinarian intends tocontestthe citation or the proposed assessment of a civil penalty or the decisionmade after an informal conference within the time specified in this section,the citation or the proposed assessment of a civil penalty or the decision madeafter an informal conference shall be deemed a final order of the board andshall not be subject to further administrative review. Notwithstanding anyother provision of law, where a fine is paid to satisfy an assessment based onthe findings of a violation, payment of the fine shall be represented assatisfactory resolution of the matter for purposes of public disclosure.
(b) A veterinarian, in lieu of contesting a citationpursuant to this section, may transmit to the board the amount assessed in thecitation as a civil penalty, within 30 days after service of thecitation. If a hearing is not requested pursuant to this section, payment ofany fine shall not constitute an admission of the violation charged.
(c) If a veterinarian has notified the executivedirector within 30 days of the issuance of the assessment or citation that suchveterinarian intends to contest the decision made after the informalconference,theboard shall hold a hearing to be held in accordance with theKansas administrative procedure act. After the hearing, the boardshall issue a decision, based on findings offact, affirming, modifying, or vacating the citation, or directing otherappropriate relief which shall include, but need not be limited to, a noticethat the failure of a veterinarian to comply with anyprovision of the board's decision constitutes grounds for suspension, or denialof licensure, or both. The proceedings under this section shall be conductedin accordance with the Kansas administrative procedure act and the board shallhave allthe powers granted therein.
(d) After the exhaustion of the review procedures provided for in thissection, the board may bring an action pursuant to the act for judicial reviewand civil enforcement of agency action to enforce any order issued pursuant tothis section.
(e) Failure of the licensee to pay a fine within 30 days of the date ofassessment, unless the citation is being appealed, may result in disciplinaryaction being taken by the board. When a citation is not contested and a fineisnot paid, the full amount of the assessed fine shall be added to the fee forrenewal of the license. A license shall not be renewed without payment of therenewal fee and fine.
(f) All civil penalties received under this act shall be deposited in thestate general fund following payment of allcosts related to investigation, adjudication andenforcement which shall be credited to theveterinary examiners fee fund.
History: L. 1993, ch. 129, § 23;L. 1999, ch. 25, § 16; July 1.
