Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,210.Same; civil penalties; corrective action;appeals; grants to communities to eliminate hazards.(a) Any individual, business entity, accredited trainingprogramor public agency who violates any provision of the residential childhood leadpoisoning prevention act or any rulesand regulations adopted under the residential childhood lead poisoningprevention act, in addition to any other penalty orlitigation provided by law, may incur a civil penalty imposed under subsection(b) in a maximum amount not to exceed $1,000 for the first violation, $5,000for each subsequent violation and, in the case of a continuing violation, everyday such previously notified violation continues shall be deemed a separateviolation.
(b) The secretary, upon finding that any individual, business entity,accredited training program or public agency has violated any provision ofthe residential childhood lead poisoning prevention act or any rules andregulations adopted under the residential childhood lead poisoning preventionact, may impose a civilpenalty within the limits provided in this section upon such individual,business entity, accredited training program or public agency which civilpenalty shall be in an amount to constitute an actual and substantial economicdeterrent to the violation for which the civil penalty is assessed.
(c) The secretary, upon finding that an individual, business entity,accredited training program or public agency has violated any provision ofthe residential childhood lead poisoning prevention act or rules andregulations adopted under the residential childhood lead poisoning preventionact, may issue an order findingsuch individual, business entity, accredited training program or public agencyin violation of the residential childhood lead poisoning prevention act anddirecting the individual, business entity,accredited training program or public agency to take such action as necessaryto correct the violation.
(d) No civil penalty shall be imposed under this section except upon thewritten order of the secretary after notification and hearing, if a hearing isrequested, in accordance with the provisions of the Kansas administrativeprocedure act.
(e) Any individual, business entity, accredited training program or publicagency aggrieved by an order of the secretary made under this section mayappeal such order to the district court in the manner provided by the act forjudicial review and civil enforcement of agency actions.
(f) Any penalty recovered pursuant to the provisions of this section shall beremitted to the state treasurer and deposited in the lead-based paint hazardfee fund.
(g) The secretary shall use penalties recovered pursuant to the provisions ofthis section to establish a grant program for communities to conduct activitiesdesigned to reduce or eliminate exposure of children to residential lead-basedpaint hazards.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,210.Same; civil penalties; corrective action;appeals; grants to communities to eliminate hazards.(a) Any individual, business entity, accredited trainingprogramor public agency who violates any provision of the residential childhood leadpoisoning prevention act or any rulesand regulations adopted under the residential childhood lead poisoningprevention act, in addition to any other penalty orlitigation provided by law, may incur a civil penalty imposed under subsection(b) in a maximum amount not to exceed $1,000 for the first violation, $5,000for each subsequent violation and, in the case of a continuing violation, everyday such previously notified violation continues shall be deemed a separateviolation.
(b) The secretary, upon finding that any individual, business entity,accredited training program or public agency has violated any provision ofthe residential childhood lead poisoning prevention act or any rules andregulations adopted under the residential childhood lead poisoning preventionact, may impose a civilpenalty within the limits provided in this section upon such individual,business entity, accredited training program or public agency which civilpenalty shall be in an amount to constitute an actual and substantial economicdeterrent to the violation for which the civil penalty is assessed.
(c) The secretary, upon finding that an individual, business entity,accredited training program or public agency has violated any provision ofthe residential childhood lead poisoning prevention act or rules andregulations adopted under the residential childhood lead poisoning preventionact, may issue an order findingsuch individual, business entity, accredited training program or public agencyin violation of the residential childhood lead poisoning prevention act anddirecting the individual, business entity,accredited training program or public agency to take such action as necessaryto correct the violation.
(d) No civil penalty shall be imposed under this section except upon thewritten order of the secretary after notification and hearing, if a hearing isrequested, in accordance with the provisions of the Kansas administrativeprocedure act.
(e) Any individual, business entity, accredited training program or publicagency aggrieved by an order of the secretary made under this section mayappeal such order to the district court in the manner provided by the act forjudicial review and civil enforcement of agency actions.
(f) Any penalty recovered pursuant to the provisions of this section shall beremitted to the state treasurer and deposited in the lead-based paint hazardfee fund.
(g) The secretary shall use penalties recovered pursuant to the provisions ofthis section to establish a grant program for communities to conduct activitiesdesigned to reduce or eliminate exposure of children to residential lead-basedpaint hazards.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,210.Same; civil penalties; corrective action;appeals; grants to communities to eliminate hazards.(a) Any individual, business entity, accredited trainingprogramor public agency who violates any provision of the residential childhood leadpoisoning prevention act or any rulesand regulations adopted under the residential childhood lead poisoningprevention act, in addition to any other penalty orlitigation provided by law, may incur a civil penalty imposed under subsection(b) in a maximum amount not to exceed $1,000 for the first violation, $5,000for each subsequent violation and, in the case of a continuing violation, everyday such previously notified violation continues shall be deemed a separateviolation.
(b) The secretary, upon finding that any individual, business entity,accredited training program or public agency has violated any provision ofthe residential childhood lead poisoning prevention act or any rules andregulations adopted under the residential childhood lead poisoning preventionact, may impose a civilpenalty within the limits provided in this section upon such individual,business entity, accredited training program or public agency which civilpenalty shall be in an amount to constitute an actual and substantial economicdeterrent to the violation for which the civil penalty is assessed.
(c) The secretary, upon finding that an individual, business entity,accredited training program or public agency has violated any provision ofthe residential childhood lead poisoning prevention act or rules andregulations adopted under the residential childhood lead poisoning preventionact, may issue an order findingsuch individual, business entity, accredited training program or public agencyin violation of the residential childhood lead poisoning prevention act anddirecting the individual, business entity,accredited training program or public agency to take such action as necessaryto correct the violation.
(d) No civil penalty shall be imposed under this section except upon thewritten order of the secretary after notification and hearing, if a hearing isrequested, in accordance with the provisions of the Kansas administrativeprocedure act.
(e) Any individual, business entity, accredited training program or publicagency aggrieved by an order of the secretary made under this section mayappeal such order to the district court in the manner provided by the act forjudicial review and civil enforcement of agency actions.
(f) Any penalty recovered pursuant to the provisions of this section shall beremitted to the state treasurer and deposited in the lead-based paint hazardfee fund.
(g) The secretary shall use penalties recovered pursuant to the provisions ofthis section to establish a grant program for communities to conduct activitiesdesigned to reduce or eliminate exposure of children to residential lead-basedpaint hazards.
