65-5314.Same; civil penalties; appeal and review; disposition of moneys recovered.(a) Any business entity which violates any provision of thisact or any rules and regulations adopted under this act, in addition to anyother penalty provided by law, may incur a civil penalty imposed undersubsection (b) in an amount not to exceed $5,000 for each violation and,in the case of a continuing violation, every day such violation continuesshall be deemed a separate violation.
(b) The secretary, upon a finding that a business entity has violated anyprovision of this act or any rules and regulations adopted under this act,may impose a civil penalty within the limits provided in this section uponsuch business entity, which civil penalty shall be in an amount toconstitute an actual and substantial economic deterrent to the violationfor which the civil penalty is assessed.
(c) No civil penalty shall be imposed under this section except upon thewritten order of the secretary after notification and hearing, if a hearingis requested, in accordancewith the provisions of the Kansas administrative procedure act.
(d) Any business entity aggrieved by an order of the secretary made underthis section may appeal such order to the district court in the mannerprovided by the act for judicial review and civil enforcement of agencyactions. An appeal to the district court or to an appellate court shallnot stay the payment of the civil penalty. If the court sustains theappeal, the secretary shall refund forthwith the payment of any civilpenalty to the business entity with interest at the rate established byK.S.A. 16-204, and amendments thereto, from the date of payment of the penalty.
(e) Any penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurer, deposited in the state treasuryand credited to the state general fund.
65-5314.Same; civil penalties; appeal and review; disposition of moneys recovered.(a) Any business entity which violates any provision of thisact or any rules and regulations adopted under this act, in addition to anyother penalty provided by law, may incur a civil penalty imposed undersubsection (b) in an amount not to exceed $5,000 for each violation and,in the case of a continuing violation, every day such violation continuesshall be deemed a separate violation.
(b) The secretary, upon a finding that a business entity has violated anyprovision of this act or any rules and regulations adopted under this act,may impose a civil penalty within the limits provided in this section uponsuch business entity, which civil penalty shall be in an amount toconstitute an actual and substantial economic deterrent to the violationfor which the civil penalty is assessed.
(c) No civil penalty shall be imposed under this section except upon thewritten order of the secretary after notification and hearing, if a hearingis requested, in accordancewith the provisions of the Kansas administrative procedure act.
(d) Any business entity aggrieved by an order of the secretary made underthis section may appeal such order to the district court in the mannerprovided by the act for judicial review and civil enforcement of agencyactions. An appeal to the district court or to an appellate court shallnot stay the payment of the civil penalty. If the court sustains theappeal, the secretary shall refund forthwith the payment of any civilpenalty to the business entity with interest at the rate established byK.S.A. 16-204, and amendments thereto, from the date of payment of the penalty.
(e) Any penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurer, deposited in the state treasuryand credited to the state general fund.
65-5314.Same; civil penalties; appeal and review; disposition of moneys recovered.(a) Any business entity which violates any provision of thisact or any rules and regulations adopted under this act, in addition to anyother penalty provided by law, may incur a civil penalty imposed undersubsection (b) in an amount not to exceed $5,000 for each violation and,in the case of a continuing violation, every day such violation continuesshall be deemed a separate violation.
(b) The secretary, upon a finding that a business entity has violated anyprovision of this act or any rules and regulations adopted under this act,may impose a civil penalty within the limits provided in this section uponsuch business entity, which civil penalty shall be in an amount toconstitute an actual and substantial economic deterrent to the violationfor which the civil penalty is assessed.
(c) No civil penalty shall be imposed under this section except upon thewritten order of the secretary after notification and hearing, if a hearingis requested, in accordancewith the provisions of the Kansas administrative procedure act.
(d) Any business entity aggrieved by an order of the secretary made underthis section may appeal such order to the district court in the mannerprovided by the act for judicial review and civil enforcement of agencyactions. An appeal to the district court or to an appellate court shallnot stay the payment of the civil penalty. If the court sustains theappeal, the secretary shall refund forthwith the payment of any civilpenalty to the business entity with interest at the rate established byK.S.A. 16-204, and amendments thereto, from the date of payment of the penalty.
(e) Any penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurer, deposited in the state treasuryand credited to the state general fund.
