Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL
48-1613.Penalties.(a) Any person who violates any of the provisions of this act or rulesand regulations issued pursuant to this act, or who violates any orderof the secretary issued pursuant to this act, shall be guilty of amisdemeanor, andupon conviction thereof shall be punished by a fine of not less than $25nor more than $500 or byimprisonment not to exceed six months or by both such fine andimprisonment, and in addition thereto, may be enjoined from continuing suchviolation. Each day of such violation shall constitute a separateviolation.
(b) Any person who violates any licensing orregistration provision of this act, any rule and regulation or orderissued thereunder or any term condition or limitation of any license orregistration certificate issued thereunder or who commits any violationfor which a license or registration certificate may be revoked under rulesand regulations issued pursuant to this act may be subject to a penalty, tobe imposed by the secretary, not to exceed $10,000. If any violation is acontinuing one, each day of such violation shall constitute a separateviolation for the purpose of computing the applicable civil penalty. Thesecretary shall have the power to compromise, mitigate or remit such penalties.Whenever the secretary proposes to subject a person to theimposition of a civil penalty under the provisions of this section thesecretary shall follow the procedures contained in subsection (b) of K.S.A.48-1608, and amendments thereto.
Any action by the secretary pursuant to this sectionis subject to review in accordance with the act for judicial review andcivil enforcement of agency actions.
(c) On the request of the secretary, the attorney general is authorizedto institute a civil action to collect any penalty imposed pursuant to thissection. The attorney general shall have the exclusive power tocompromise, mitigate or remit such civil penalties as are referred forcollection.
(d) All moneys collected from civil penalties shall beremitted to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amount in the state treasury tothe credit of the state general fund. Moneys collected from civilpenalties shall not be used for normal operating expenses of the departmentexcept as appropriations are made from the general fund in the normal budgetaryprocess.
History: L. 1963, ch. 290, § 13; L. 1984, ch. 198, § 11;L. 1986, ch. 318, § 73;L. 1988, ch. 356, § 162;L. 2001, ch. 5, § 180; July 1.
Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL
48-1613.Penalties.(a) Any person who violates any of the provisions of this act or rulesand regulations issued pursuant to this act, or who violates any orderof the secretary issued pursuant to this act, shall be guilty of amisdemeanor, andupon conviction thereof shall be punished by a fine of not less than $25nor more than $500 or byimprisonment not to exceed six months or by both such fine andimprisonment, and in addition thereto, may be enjoined from continuing suchviolation. Each day of such violation shall constitute a separateviolation.
(b) Any person who violates any licensing orregistration provision of this act, any rule and regulation or orderissued thereunder or any term condition or limitation of any license orregistration certificate issued thereunder or who commits any violationfor which a license or registration certificate may be revoked under rulesand regulations issued pursuant to this act may be subject to a penalty, tobe imposed by the secretary, not to exceed $10,000. If any violation is acontinuing one, each day of such violation shall constitute a separateviolation for the purpose of computing the applicable civil penalty. Thesecretary shall have the power to compromise, mitigate or remit such penalties.Whenever the secretary proposes to subject a person to theimposition of a civil penalty under the provisions of this section thesecretary shall follow the procedures contained in subsection (b) of K.S.A.48-1608, and amendments thereto.
Any action by the secretary pursuant to this sectionis subject to review in accordance with the act for judicial review andcivil enforcement of agency actions.
(c) On the request of the secretary, the attorney general is authorizedto institute a civil action to collect any penalty imposed pursuant to thissection. The attorney general shall have the exclusive power tocompromise, mitigate or remit such civil penalties as are referred forcollection.
(d) All moneys collected from civil penalties shall beremitted to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amount in the state treasury tothe credit of the state general fund. Moneys collected from civilpenalties shall not be used for normal operating expenses of the departmentexcept as appropriations are made from the general fund in the normal budgetaryprocess.
History: L. 1963, ch. 290, § 13; L. 1984, ch. 198, § 11;L. 1986, ch. 318, § 73;L. 1988, ch. 356, § 162;L. 2001, ch. 5, § 180; July 1.
Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL
48-1613.Penalties.(a) Any person who violates any of the provisions of this act or rulesand regulations issued pursuant to this act, or who violates any orderof the secretary issued pursuant to this act, shall be guilty of amisdemeanor, andupon conviction thereof shall be punished by a fine of not less than $25nor more than $500 or byimprisonment not to exceed six months or by both such fine andimprisonment, and in addition thereto, may be enjoined from continuing suchviolation. Each day of such violation shall constitute a separateviolation.
(b) Any person who violates any licensing orregistration provision of this act, any rule and regulation or orderissued thereunder or any term condition or limitation of any license orregistration certificate issued thereunder or who commits any violationfor which a license or registration certificate may be revoked under rulesand regulations issued pursuant to this act may be subject to a penalty, tobe imposed by the secretary, not to exceed $10,000. If any violation is acontinuing one, each day of such violation shall constitute a separateviolation for the purpose of computing the applicable civil penalty. Thesecretary shall have the power to compromise, mitigate or remit such penalties.Whenever the secretary proposes to subject a person to theimposition of a civil penalty under the provisions of this section thesecretary shall follow the procedures contained in subsection (b) of K.S.A.48-1608, and amendments thereto.
Any action by the secretary pursuant to this sectionis subject to review in accordance with the act for judicial review andcivil enforcement of agency actions.
(c) On the request of the secretary, the attorney general is authorizedto institute a civil action to collect any penalty imposed pursuant to thissection. The attorney general shall have the exclusive power tocompromise, mitigate or remit such civil penalties as are referred forcollection.
(d) All moneys collected from civil penalties shall beremitted to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amount in the state treasury tothe credit of the state general fund. Moneys collected from civilpenalties shall not be used for normal operating expenses of the departmentexcept as appropriations are made from the general fund in the normal budgetaryprocess.
History: L. 1963, ch. 290, § 13; L. 1984, ch. 198, § 11;L. 1986, ch. 318, § 73;L. 1988, ch. 356, § 162;L. 2001, ch. 5, § 180; July 1.
