55-164. Administrative penalties; procedure; costs and attorney fees; disposition of moneys.
55-164
55-164. Administrative penalties; procedure; costsand attorney fees;disposition of moneys.(a) In addition to any other penalty provided by law, the commission, uponfinding that an operator or contractor has violatedthe provisions of this act or any rule and regulation or order of thecommission, may impose a penalty not to exceed $10,000,which shall constitute an actual and substantial economic deterrent to theviolation for which the penalty is assessed. In the case of a continuingviolation, every day such violation continues shall be deemed a separateviolation.
(b) No penalty shall be imposed pursuant to this section except upon thewritten order of the commission to theperson who committed the violation. The order shall state the violation,the penalty imposed and the right to appeal to the order issuing agency.Any such person, within 30 days after service of such order,may make written request to the commission for ahearing thereon. The commission shall conduct ahearing in accordance with the provisions of the Kansas administrativeprocedure act within 30 days after receipt of such request.
(c) Any person aggrieved by any order issued pursuant to this sectionmay appeal therefrom inaccordance with the provisions of the act for judicial review and civilenforcement of agency actions.
(d) The commission may order an operator or contractor to pay any costsand reasonableattorney fees incurred by the commission in imposing and collecting any penaltypursuant to this section and may collect intereston any portion of such penalty, costs and attorney fees whichremains unpaid more than 30 days after imposition, at the rate provided byK.S.A. 16-204, and amendments thereto, for interest on judgments.
(e) All moneys received from penalties imposed and costs and attorneyfees assessed pursuant to this sectionshall be remitted to the state treasurer in accordance with theprovisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entireamountin the state treasury to the credit of the conservationfee fund.
History: L. 1982, ch. 228, § 25;L. 1986, ch. 201, § 16;L. 1988, ch. 356, § 164;L. 1995, ch. 95, § 2;L. 2000, ch. 14, § 1;L. 2001, ch. 5, § 191; July 1.