55-443.Penalties; appeal procedure.(a) It is a violation for any person to:
(1) Act as or represent such person's self to be a technical representativewithout having a valid license issued by the Kansas department ofagriculture;
(2) hinder or obstruct in any way the secretary or any of the secretary'sauthorized agents in the performance of the secretary's official duties underthe petroleum products inspection law;
(3) failure to follow the applicable version of NIST Handbook as referencedin chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or anyrules and regulations adopted thereunder when installing, repairing,calibrating or testing a device;
(4) failure to complete the testing or placing-in-service report in itsentirety and to report the accurate description of the parts replaced,adjusted, reconditioned or work performed;
(5) filing a false or fraudulent application or report to the secretary;
(6) failure to pay all fees and penalties as prescribed by the petroleumproducts inspection law and the rules and regulations adopted and promulgatedpursuant to the petroleum products inspection law;
(7) refuse to keep and make available for examination by the Kansasdepartment of agriculture all books, papers, and other information necessaryfor the enforcement of the petroleum products inspection law or chapter 83 ofthe Kansas Statutes Annotated, and amendments thereto;
(8) failure to have any commercial dispensing device tested as required bythe petroleum products inspection law or chapter 83 of the Kansas StatutesAnnotated, and amendments thereto;
(9) sell, offer or expose for sale any petroleum product which does notcomply with the provisions of the petroleum products inspection law;
(10) sell, use, remove, otherwise dispose of or fail to remove from thepremises specified, any dispensing device, package or commodity contrary to theterms of any order issued by the secretary;
(11) represent that diesel fuel is or contains biodiesel fuel blend orotherwise to represent that diesel fuel is made from renewable resources,unless not less than 2% of the diesel fuel mixture is mono-alkyl esters derivedfrom vegetable oil, recycled cooking oil or animal fat. Biodiesel fuel used inbiodiesel fuel blends shall conform with specification D6751-02, issued March2002, by the American society of testing and materials or a later version asadopted by rules and regulations of the secretary. If a retail petroleummarketer is alleged to have violated the provisions of this subsection, itshall be a defense, that the retail petroleum marketer relied in good faithupon the bill of lading; and
(12) violate any order issued by the secretary pursuant to chapter 83 ofthe Kansas Statutes Annotated, and amendments thereto.
(b) Any person who violates any provision of the petroleum productsinspection law or any applicable provisions of chapter 83 of the KansasStatutes Annotated, or amendments thereto, or any rules and regulations adoptedthereunder, in addition to any other penalty provided by law, may incur a civilpenalty imposed under subsection (c) in an amount, fixed by rules andregulations of the secretary, of not less than $100 nor more than $5,000 foreach such violation and, in the case of a continuing violation, every day suchviolation continues shall be deemed a separate violation.
(c) In determining the amount of the civil penalty, the following shall betaken into consideration: (1) The extent of harm caused by the violation; (2)the nature and persistence of the violation; (3) the length of time over whichthe violation occurs; (4) any corrective actions taken; and (5) any and allrelevant circumstances.
(d) All civil penalties assessed shall be due and payable within 10 daysafter written notice of assessment is served on the person, unless a longerperiod of time is granted by the secretary. If a civil penalty is not paidwithin the applicable time period, the secretary may file a certified copy ofthe notice of assessment with the clerk of the district court in the countywhere the weighing and measuring device or dispensing device is located. Thenotice of assessment shall be enforced in the same manner as a judgment of thedistrict court.
(e) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the secretary to the personwho committed the violation or to the person whose agent or employeecommitted the violation. Such order shall state the violation, the penaltyto be imposed and the right of the person to appeal to the secretary. Any suchperson, within 20 days after notification, may make written request to thesecretary for a hearing in accordance with the provisions of the Kansasadministrative procedure act. The secretary shall affirm, reverse or modifythe order and shall specify the reasons therefor.
(f) Any person aggrieved by an order of the secretary made under this sectionmay appeal such order to the district court in the manner provided by the actfor judicial review and civil enforcement of agency actions.
(g) An appeal to the district court or to an appellate court shall not staythe payment of the civil penalty.
(h) Any civil penalty recovered pursuant to the provisions of this section orany penalty recovered under the consumer protection act for violations of thissection, and amendments thereto, or any rules and regulations adoptedthereunder, shall be remitted to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in the statetreasury to the credit of the weights and measures fee fund.
(i) This section shall be part of and supplemental to the petroleum productsinspection act, article 4 of chapter 55 of the Kansas Statutes Annotated, andamendments thereto.
55-443.Penalties; appeal procedure.(a) It is a violation for any person to:
(1) Act as or represent such person's self to be a technical representativewithout having a valid license issued by the Kansas department ofagriculture;
(2) hinder or obstruct in any way the secretary or any of the secretary'sauthorized agents in the performance of the secretary's official duties underthe petroleum products inspection law;
(3) failure to follow the applicable version of NIST Handbook as referencedin chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or anyrules and regulations adopted thereunder when installing, repairing,calibrating or testing a device;
(4) failure to complete the testing or placing-in-service report in itsentirety and to report the accurate description of the parts replaced,adjusted, reconditioned or work performed;
(5) filing a false or fraudulent application or report to the secretary;
(6) failure to pay all fees and penalties as prescribed by the petroleumproducts inspection law and the rules and regulations adopted and promulgatedpursuant to the petroleum products inspection law;
(7) refuse to keep and make available for examination by the Kansasdepartment of agriculture all books, papers, and other information necessaryfor the enforcement of the petroleum products inspection law or chapter 83 ofthe Kansas Statutes Annotated, and amendments thereto;
(8) failure to have any commercial dispensing device tested as required bythe petroleum products inspection law or chapter 83 of the Kansas StatutesAnnotated, and amendments thereto;
(9) sell, offer or expose for sale any petroleum product which does notcomply with the provisions of the petroleum products inspection law;
(10) sell, use, remove, otherwise dispose of or fail to remove from thepremises specified, any dispensing device, package or commodity contrary to theterms of any order issued by the secretary;
(11) represent that diesel fuel is or contains biodiesel fuel blend orotherwise to represent that diesel fuel is made from renewable resources,unless not less than 2% of the diesel fuel mixture is mono-alkyl esters derivedfrom vegetable oil, recycled cooking oil or animal fat. Biodiesel fuel used inbiodiesel fuel blends shall conform with specification D6751-02, issued March2002, by the American society of testing and materials or a later version asadopted by rules and regulations of the secretary. If a retail petroleummarketer is alleged to have violated the provisions of this subsection, itshall be a defense, that the retail petroleum marketer relied in good faithupon the bill of lading; and
(12) violate any order issued by the secretary pursuant to chapter 83 ofthe Kansas Statutes Annotated, and amendments thereto.
(b) Any person who violates any provision of the petroleum productsinspection law or any applicable provisions of chapter 83 of the KansasStatutes Annotated, or amendments thereto, or any rules and regulations adoptedthereunder, in addition to any other penalty provided by law, may incur a civilpenalty imposed under subsection (c) in an amount, fixed by rules andregulations of the secretary, of not less than $100 nor more than $5,000 foreach such violation and, in the case of a continuing violation, every day suchviolation continues shall be deemed a separate violation.
(c) In determining the amount of the civil penalty, the following shall betaken into consideration: (1) The extent of harm caused by the violation; (2)the nature and persistence of the violation; (3) the length of time over whichthe violation occurs; (4) any corrective actions taken; and (5) any and allrelevant circumstances.
(d) All civil penalties assessed shall be due and payable within 10 daysafter written notice of assessment is served on the person, unless a longerperiod of time is granted by the secretary. If a civil penalty is not paidwithin the applicable time period, the secretary may file a certified copy ofthe notice of assessment with the clerk of the district court in the countywhere the weighing and measuring device or dispensing device is located. Thenotice of assessment shall be enforced in the same manner as a judgment of thedistrict court.
(e) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the secretary to the personwho committed the violation or to the person whose agent or employeecommitted the violation. Such order shall state the violation, the penaltyto be imposed and the right of the person to appeal to the secretary. Any suchperson, within 20 days after notification, may make written request to thesecretary for a hearing in accordance with the provisions of the Kansasadministrative procedure act. The secretary shall affirm, reverse or modifythe order and shall specify the reasons therefor.
(f) Any person aggrieved by an order of the secretary made under this sectionmay appeal such order to the district court in the manner provided by the actfor judicial review and civil enforcement of agency actions.
(g) An appeal to the district court or to an appellate court shall not staythe payment of the civil penalty.
(h) Any civil penalty recovered pursuant to the provisions of this section orany penalty recovered under the consumer protection act for violations of thissection, and amendments thereto, or any rules and regulations adoptedthereunder, shall be remitted to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in the statetreasury to the credit of the weights and measures fee fund.
(i) This section shall be part of and supplemental to the petroleum productsinspection act, article 4 of chapter 55 of the Kansas Statutes Annotated, andamendments thereto.
55-443.Penalties; appeal procedure.(a) It is a violation for any person to:
(1) Act as or represent such person's self to be a technical representativewithout having a valid license issued by the Kansas department ofagriculture;
(2) hinder or obstruct in any way the secretary or any of the secretary'sauthorized agents in the performance of the secretary's official duties underthe petroleum products inspection law;
(3) failure to follow the applicable version of NIST Handbook as referencedin chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or anyrules and regulations adopted thereunder when installing, repairing,calibrating or testing a device;
(4) failure to complete the testing or placing-in-service report in itsentirety and to report the accurate description of the parts replaced,adjusted, reconditioned or work performed;
(5) filing a false or fraudulent application or report to the secretary;
(6) failure to pay all fees and penalties as prescribed by the petroleumproducts inspection law and the rules and regulations adopted and promulgatedpursuant to the petroleum products inspection law;
(7) refuse to keep and make available for examination by the Kansasdepartment of agriculture all books, papers, and other information necessaryfor the enforcement of the petroleum products inspection law or chapter 83 ofthe Kansas Statutes Annotated, and amendments thereto;
(8) failure to have any commercial dispensing device tested as required bythe petroleum products inspection law or chapter 83 of the Kansas StatutesAnnotated, and amendments thereto;
(9) sell, offer or expose for sale any petroleum product which does notcomply with the provisions of the petroleum products inspection law;
(10) sell, use, remove, otherwise dispose of or fail to remove from thepremises specified, any dispensing device, package or commodity contrary to theterms of any order issued by the secretary;
(11) represent that diesel fuel is or contains biodiesel fuel blend orotherwise to represent that diesel fuel is made from renewable resources,unless not less than 2% of the diesel fuel mixture is mono-alkyl esters derivedfrom vegetable oil, recycled cooking oil or animal fat. Biodiesel fuel used inbiodiesel fuel blends shall conform with specification D6751-02, issued March2002, by the American society of testing and materials or a later version asadopted by rules and regulations of the secretary. If a retail petroleummarketer is alleged to have violated the provisions of this subsection, itshall be a defense, that the retail petroleum marketer relied in good faithupon the bill of lading; and
(12) violate any order issued by the secretary pursuant to chapter 83 ofthe Kansas Statutes Annotated, and amendments thereto.
(b) Any person who violates any provision of the petroleum productsinspection law or any applicable provisions of chapter 83 of the KansasStatutes Annotated, or amendments thereto, or any rules and regulations adoptedthereunder, in addition to any other penalty provided by law, may incur a civilpenalty imposed under subsection (c) in an amount, fixed by rules andregulations of the secretary, of not less than $100 nor more than $5,000 foreach such violation and, in the case of a continuing violation, every day suchviolation continues shall be deemed a separate violation.
(c) In determining the amount of the civil penalty, the following shall betaken into consideration: (1) The extent of harm caused by the violation; (2)the nature and persistence of the violation; (3) the length of time over whichthe violation occurs; (4) any corrective actions taken; and (5) any and allrelevant circumstances.
(d) All civil penalties assessed shall be due and payable within 10 daysafter written notice of assessment is served on the person, unless a longerperiod of time is granted by the secretary. If a civil penalty is not paidwithin the applicable time period, the secretary may file a certified copy ofthe notice of assessment with the clerk of the district court in the countywhere the weighing and measuring device or dispensing device is located. Thenotice of assessment shall be enforced in the same manner as a judgment of thedistrict court.
(e) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the secretary to the personwho committed the violation or to the person whose agent or employeecommitted the violation. Such order shall state the violation, the penaltyto be imposed and the right of the person to appeal to the secretary. Any suchperson, within 20 days after notification, may make written request to thesecretary for a hearing in accordance with the provisions of the Kansasadministrative procedure act. The secretary shall affirm, reverse or modifythe order and shall specify the reasons therefor.
(f) Any person aggrieved by an order of the secretary made under this sectionmay appeal such order to the district court in the manner provided by the actfor judicial review and civil enforcement of agency actions.
(g) An appeal to the district court or to an appellate court shall not staythe payment of the civil penalty.
(h) Any civil penalty recovered pursuant to the provisions of this section orany penalty recovered under the consumer protection act for violations of thissection, and amendments thereto, or any rules and regulations adoptedthereunder, shall be remitted to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in the statetreasury to the credit of the weights and measures fee fund.
(i) This section shall be part of and supplemental to the petroleum productsinspection act, article 4 of chapter 55 of the Kansas Statutes Annotated, andamendments thereto.
