Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-1,142b.Civil penalties; motor carriers.(a) Any person violating any statute, commissionorders or rules andregulationsadopted by the state corporation commission pursuant to the motor carrieract and other laws relevant to motor carriers shall be subject to a civilpenaltyof not less than $100 and not more than $1,000 for negligent violations, andnot more than $5,000 for intentional violations.
(b) In construing and enforcing a civil penalty in accordance with thissection, any act, omission or failure of any officer, agent or other personacting for or employed by any motor carrier while acting within the scope ofsuch person's employment, shall in every case be deemed the act, omission orfailure of the motor carrier.
(c) Every day during which the person fails tocomply with any orderof the commission, or any applicable statute, rule orregulation,shall constitute a separate and distinct violation.
(d) Civil penalties shall be enforced and collected by an attorney for thecorporation commission in the appropriate district court.
(e) A civil penalty shall not be enforced under this section for aviolation of an out-of-service order, if a civil penalty was enforced against adriver under subsection (a) ofK.S.A. 2009 Supp.8-2,152, and amendmentsthereto, or againstan employer under subsection (b) ofK.S.A. 2009 Supp.8-2,152, and amendmentsthereto.
(f) Civil penalties shall be remitted in accordance withthe provisions ofK.S.A. 75-4215, and amendments thereto, tothe state treasurer. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of themotor carrier license fee fund.
(g) The commission is granted the power, by general orderor otherwise, toprescribe reasonable rules and regulations for the assessment of administrativecivil penalties and sanctions for violations of any statute, commission ordersor rules and regulations adopted by the commission.
History: L. 2001, ch. 92, § 2;L. 2004, ch. 152, § 8;L. 2006, ch. 54, § 8; July 1.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-1,142b.Civil penalties; motor carriers.(a) Any person violating any statute, commissionorders or rules andregulationsadopted by the state corporation commission pursuant to the motor carrieract and other laws relevant to motor carriers shall be subject to a civilpenaltyof not less than $100 and not more than $1,000 for negligent violations, andnot more than $5,000 for intentional violations.
(b) In construing and enforcing a civil penalty in accordance with thissection, any act, omission or failure of any officer, agent or other personacting for or employed by any motor carrier while acting within the scope ofsuch person's employment, shall in every case be deemed the act, omission orfailure of the motor carrier.
(c) Every day during which the person fails tocomply with any orderof the commission, or any applicable statute, rule orregulation,shall constitute a separate and distinct violation.
(d) Civil penalties shall be enforced and collected by an attorney for thecorporation commission in the appropriate district court.
(e) A civil penalty shall not be enforced under this section for aviolation of an out-of-service order, if a civil penalty was enforced against adriver under subsection (a) ofK.S.A. 2009 Supp.8-2,152, and amendmentsthereto, or againstan employer under subsection (b) ofK.S.A. 2009 Supp.8-2,152, and amendmentsthereto.
(f) Civil penalties shall be remitted in accordance withthe provisions ofK.S.A. 75-4215, and amendments thereto, tothe state treasurer. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of themotor carrier license fee fund.
(g) The commission is granted the power, by general orderor otherwise, toprescribe reasonable rules and regulations for the assessment of administrativecivil penalties and sanctions for violations of any statute, commission ordersor rules and regulations adopted by the commission.
History: L. 2001, ch. 92, § 2;L. 2004, ch. 152, § 8;L. 2006, ch. 54, § 8; July 1.
Article 1.--POWERS OF STATE CORPORATION COMMISSION
66-1,142b.Civil penalties; motor carriers.(a) Any person violating any statute, commissionorders or rules andregulationsadopted by the state corporation commission pursuant to the motor carrieract and other laws relevant to motor carriers shall be subject to a civilpenaltyof not less than $100 and not more than $1,000 for negligent violations, andnot more than $5,000 for intentional violations.
(b) In construing and enforcing a civil penalty in accordance with thissection, any act, omission or failure of any officer, agent or other personacting for or employed by any motor carrier while acting within the scope ofsuch person's employment, shall in every case be deemed the act, omission orfailure of the motor carrier.
(c) Every day during which the person fails tocomply with any orderof the commission, or any applicable statute, rule orregulation,shall constitute a separate and distinct violation.
(d) Civil penalties shall be enforced and collected by an attorney for thecorporation commission in the appropriate district court.
(e) A civil penalty shall not be enforced under this section for aviolation of an out-of-service order, if a civil penalty was enforced against adriver under subsection (a) ofK.S.A. 2009 Supp.8-2,152, and amendmentsthereto, or againstan employer under subsection (b) ofK.S.A. 2009 Supp.8-2,152, and amendmentsthereto.
(f) Civil penalties shall be remitted in accordance withthe provisions ofK.S.A. 75-4215, and amendments thereto, tothe state treasurer. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of themotor carrier license fee fund.
(g) The commission is granted the power, by general orderor otherwise, toprescribe reasonable rules and regulations for the assessment of administrativecivil penalties and sanctions for violations of any statute, commission ordersor rules and regulations adopted by the commission.
History: L. 2001, ch. 92, § 2;L. 2004, ch. 152, § 8;L. 2006, ch. 54, § 8; July 1.
