2-2478. Same; use of pesticides in area; civil penalty; appeal procedure. (a) Following the establishment of any pesticide management area, all persons shall use pesticides consistently with the provisions of the pesticide management plan for the pesticide management area. Any person who applies pesticides in violation of a plan of an established pesticide management area may incur a civil penalty in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $5,000 for each violation.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary or the secretary's duly authorized agent to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(d) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1989, ch. 6, § 10; L. 2001, ch. 5, § 18; July 1.
Structure Kansas Statutes
2-2439 Administration of act; rules and regulations.
2-2440a Pesticide business licensee requirements.
2-2440b Unlawful acts; pest control technician registration, requirements and fees.
2-2441a Commercial applicator's certificate; exemptions; application and fees; expiration.
2-2442 Same; temporary permit; examination.
2-2443a Same; examination; reciprocity; fees; subjects included in examination.
2-2444a Categories of qualification for certification and licensing; subdivision by secretary.
2-2446 Renewal of certification or registration.
2-2447 Nonresident applicant for license; consent to action for damages; service of process.
2-2449 Grounds for denial, suspension, revocation or modification of license.
2-2452 Appeal of denial, suspension or revocation.
2-2456 Registration and marking of equipment.
2-2459a Courses of instruction.
2-2460a Cooperation with other agencies; educational institutions or persons.
2-2464a Disposition of moneys; pesticide use fee fund.
2-2467a Rules and regulations.
2-2470 Allowable pesticide applications by the applicator.
2-2471 Rule and regulation authority to the secretary to limit pesticide use.
2-2472 Pesticide management areas; development by the secretary.
2-2474 Same; public hearing concerning designation; notice.
2-2475 Temporary pesticide management areas; secretary authorization.
2-2476 Pesticide management area; order of designation.
2-2477 Same; secretary authorization to revoke, modify or expand.
2-2478 Same; use of pesticides in area; civil penalty; appeal procedure.
2-2479 Same; statewide education program on areas and plans.
2-2480 Uniformity of pesticide law; state has exclusive jurisdiction.