Kan. Admin. Regs. § 47-15-3 - Lack of information; inability to comply
(a) A notice of
violation, cessation order, show cause order, or order revoking or suspending a
permit shall not be vacated because it is subsequently determined that the
secretary did not have information sufficient to justify an inspection.
(b) A notice of violation or
cessation order shall not be vacated because of inability to comply.
(c) Inability to comply shall not be
considered in determining whether or not a pattern of violation exists.
(d) Unless caused by lack of
diligence, inability to comply may be considered only in mitigation of the
amount of the civil penalty and the duration of the suspension of a permit.
Notes
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