Kan. Admin. Regs. § 4-13-62 - Amount of civil penalty
(a) A separate civil penalty shall be
assessed for each violation of the pesticide law that results from each
independent act or failure to act by any pesticide business licensee or
pesticide dealer, or any agent or employee of a pesticide business licensee or
pesticide dealer. In determining whether a given violation is independent of
and substantially distinguishable from any other violation for the purpose of
assessing separate civil penalties, consideration shall be given to whether
each violation requires an element of proof not required by another violation.
If several violations require the same elements of proof and are not
distinguishable, the assessment of separate civil penalties shall be within the
discretion of the secretary or the secretary's authorized
representative.
(b) The amount of
each civil penalty shall be within the following ranges:
(1) For each violation of
K.S.A. 2-2453(a) or (b) and
amendments thereto, the civil penalty shall be not less than $100 and not more
than $5,000.
(2) For each violation
of K.S.A. 2-2454(b), (m), (o), (r), (s), or
(t) and amendments thereto, the civil penalty
shall be not less than $100 and not more than $5,000.
(3) For each violation of
K.S.A. 2-2454, and amendments thereto, not covered
in paragraph (b)(2), the civil penalty shall be not less than $100 and not more
than $1,000.
(4) For each violation
of K.S.A. 2-2453(c), and amendments
thereto, not already covered in paragraph (b) (1), (2), or (3), the civil
penalty shall be not less than $100 and not more than $1,000.
(c) For each subsequent occurrence
of a violation for which a civil penalty has been assessed within a three-year
period, the civil penalty assessed for the subsequent violation shall be the
maximum amount for the category listed.
Notes
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