65-1954. Same; penalties; civil fines; costs and attorney fees; disposition of proceeds.
65-1954
65-1954. Same; penalties; civil fines; costs andattorney fees; disposition of proceeds.(a) The board, in additionto any other penalty prescribed under the act governing tattoo artists,cosmetic tattoo artistsor body piercers, may assesscivil fines and costs, including attorney fees,after proper notice and an opportunity to be heard, against any person orentity for a violation of the statutes, rules and regulations or ordersenforceable by the board in an amount not to exceed $5,000 for the firstviolation, $10,000 for the second violation and $15,000 for the thirdviolation and for each subsequent violation.
(b) In determining the amount of penalty to be assessed pursuant to thissection, the board may consider the following factors among others: (1)Willfulness of the violation; (2) repetitions of the violation; and (3)magnitude of the risk of harm caused by the violation.
(c) In addition to a civil penalty and costs, the board may assessinvestigationand hearing costs against any individual required to belicensed, pursuant to this act,for proceedings which have resulted in a successful actionby the board against the individual underK.S.A. 65-1947, andamendmentsthereto.
(d) All civil fines assessed andcollected under this section shall be remitted to the state treasurerin accordance with the provisions of K.S.A. 75-4215, and amendments thereto.Upon receipt of each such remittance, the state treasurer shall deposit theentire amount in the state treasury tothe credit of the cosmetology fee fund. Allcosts assessed under this sectionshall beremitted to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount inthe state treasury to the credit of the stategeneral fund.
History: L. 1996, ch. 138, § 15;L. 2001, ch. 5, § 234;L. 2008, ch. 108, § 23; July 1.