HOUSE BILL No. 2781
An Act concerning the state corporation commission; relating to
application of certain
penalties; amending K.S.A. 1999 Supp. 55-164 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 55-164
is hereby amended to read as
follows: 55-164. (a) In addition to any other penalty provided by
commission, upon finding that an operator or contractor has
provisions of this act or any rule and regulation or order of
sion, may impose a penalty not to exceed $10,000, which
an actual and substantial economic deterrent to the violation for
the penalty is assessed. In the case of a continuing violation,
such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant
to this section except upon
the written order of the commission to the person who committed
violation. The order shall state the violation, the penalty imposed
right to appeal to the order issuing agency. Any such person,
days after service of such order, may make written request to the
mission for a hearing thereon. The commission shall conduct a
in accordance with the provisions of the Kansas administrative
act within 30 days after receipt of such request.
(c) Any person aggrieved by any order
issued pursuant to this section
may appeal therefrom in accordance with the provisions of the act
judicial review and civil enforcement of agency actions.
(d) The commission may order an operator
or contractor to pay any
costs and reasonable attorney fees incurred by the commission in
ing and collecting any penalty pursuant to this section and may
interest on any portion of such penalty, costs and attorney fees
remains unpaid more than 30 days after imposition, at the rate
by K.S.A. 16-204 and amendments thereto for interest on
(e) All moneys received from penalties
imposed and costs and attor-
ney fees assessed pursuant to this section shall be remitted to the
treasurer who shall deposit the entire amount thereof in the state
to the credit of the conservation fee fund.
Sec. 2. K.S.A. 1999 Supp. 55-164 is
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 20, 2000.