65-3490.Same; violations of act; notice and penalties; appeals.(a) The secretary or thedirector of the division of environment, if designated by thesecretary, upon a finding that a personhas violated any provision of this act or any rule and regulation adoptedby the secretary pursuant to this actmay impose a penaltynot to exceed $10,000 which shall constitute an actual and substantial economicdeterrent to the violation for which it is assessed and, in the case ofa continuing violation, every day such violation continues shall be deemeda separate violation.
(b) No penalty shall be imposed pursuant to this section except afternotice of violation and opportunity for hearing upon the written order ofthe secretary or the director of the division of environment, if designatedby the secretary, to the person who committed the violation. The ordershall state the violation, the penalty to be imposed and, in the case of anorder of the director of the division of environment, the right to appealto the secretary for a hearing thereon. Any person may appeal an order ofthe director of the division of environment by making a written request tothe secretary for a hearing within 15 days of service ofsuch order. Thesecretary shall hear the person within 30 days after receipt of suchrequest, unless such time period is waived or extended by written consentof all parties or by a showing of good cause. Hearings underthis subsection shall be conducted in accordance with the Kansas administrativeprocedure act.
(c) Any party aggrieved by an order under this section may obtain review ofsuch order in accordance with the act forjudicial review and civil enforcement of agency actions.
History: L. 1986, ch. 226, § 11;L. 2004, ch. 145, § 27; July 1, 2005.
65-3490.Same; violations of act; notice and penalties; appeals.(a) The secretary or thedirector of the division of environment, if designated by thesecretary, upon a finding that a personhas violated any provision of this act or any rule and regulation adoptedby the secretary pursuant to this actmay impose a penaltynot to exceed $10,000 which shall constitute an actual and substantial economicdeterrent to the violation for which it is assessed and, in the case ofa continuing violation, every day such violation continues shall be deemeda separate violation.
(b) No penalty shall be imposed pursuant to this section except afternotice of violation and opportunity for hearing upon the written order ofthe secretary or the director of the division of environment, if designatedby the secretary, to the person who committed the violation. The ordershall state the violation, the penalty to be imposed and, in the case of anorder of the director of the division of environment, the right to appealto the secretary for a hearing thereon. Any person may appeal an order ofthe director of the division of environment by making a written request tothe secretary for a hearing within 15 days of service ofsuch order. Thesecretary shall hear the person within 30 days after receipt of suchrequest, unless such time period is waived or extended by written consentof all parties or by a showing of good cause. Hearings underthis subsection shall be conducted in accordance with the Kansas administrativeprocedure act.
(c) Any party aggrieved by an order under this section may obtain review ofsuch order in accordance with the act forjudicial review and civil enforcement of agency actions.
History: L. 1986, ch. 226, § 11;L. 2004, ch. 145, § 27; July 1, 2005.
65-3490.Same; violations of act; notice and penalties; appeals.(a) The secretary or thedirector of the division of environment, if designated by thesecretary, upon a finding that a personhas violated any provision of this act or any rule and regulation adoptedby the secretary pursuant to this actmay impose a penaltynot to exceed $10,000 which shall constitute an actual and substantial economicdeterrent to the violation for which it is assessed and, in the case ofa continuing violation, every day such violation continues shall be deemeda separate violation.
(b) No penalty shall be imposed pursuant to this section except afternotice of violation and opportunity for hearing upon the written order ofthe secretary or the director of the division of environment, if designatedby the secretary, to the person who committed the violation. The ordershall state the violation, the penalty to be imposed and, in the case of anorder of the director of the division of environment, the right to appealto the secretary for a hearing thereon. Any person may appeal an order ofthe director of the division of environment by making a written request tothe secretary for a hearing within 15 days of service ofsuch order. Thesecretary shall hear the person within 30 days after receipt of suchrequest, unless such time period is waived or extended by written consentof all parties or by a showing of good cause. Hearings underthis subsection shall be conducted in accordance with the Kansas administrativeprocedure act.
(c) Any party aggrieved by an order under this section may obtain review ofsuch order in accordance with the act forjudicial review and civil enforcement of agency actions.
History: L. 1986, ch. 226, § 11;L. 2004, ch. 145, § 27; July 1, 2005.
