Kan. Admin. Regs. § 47-5-16 - Civil penalties; final assessment and payment of civil penalty
(a) If any person
to whom a notice of violation or cessation order is issued fails to request a
hearing, the proposed assessment shall become a final order of the secretary.
The assessment contained in the final order shall be due and payable upon
expiration of the time allowed to request a hearing.
(b) If any party requests judicial review of
a final order of the secretary, the proposed civil penalty assessment shall be
held in escrow until completion of the review. Otherwise, subject to subsection
(c) of this regulation, the escrowed funds shall be transferred to the
department in payment of the civil penalty, and the escrow shall end.
(c) If the final decision in the
administrative and judicial review results in an order reducing or eliminating
the proposed civil penalty under these regulations, all or part of the escrowed
amount shall be refunded to the person assessed within 30 days of receipt of
the order and shall include any interest that has accrued from the date of
payment into escrow to the date of the refund.
(d) If the review results in an order
increasing the penalty, the person to whom the notice or order was issued shall
pay the difference to the department within 15 days after the order is mailed
to that person.
Notes
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