39-948. Appeals to district court; disposition of civil penalties. (a) A licensee may appeal to the district court from a decision of the secretary for aging and disability services under K.S.A. 39-947, and amendments thereto. The appeal shall be tried in accordance with the provisions of the Kansas judicial review act.
(b) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary for aging and disability services shall refund forthwith the payment of any civil penalties to the licensee with interest at the rate established by K.S.A. 16-204, and amendments thereto, from the date of payment of the civil penalties to the secretary. If the court denies the appeal, the secretary for aging and disability services shall dispose of any civil penalties collected as provided in K.S.A. 39-949, and amendments thereto.
History: L. 1978, ch. 161, § 4; L. 1980, ch. 127, § 4; L. 1984, ch. 313, § 68; L. 2003, ch. 149, § 14; L. 2010, ch. 17, § 63; L. 2014, ch. 115, § 138; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-926 License required to operate home; compliance with regulations.
39-929 Provisional license, approval; terms; extension.
39-930 License fee; disposition.
39-931a Same; grounds; person defined.
39-932 Adoption and enforcement of rules, regulations and standards.
39-932a Adult care homes in less than an entire building.
39-933 Inspections and investigations; regulations for changes in facilities.
39-934 Certain information confidential.
39-937 Compliance with other laws and regulations.
39-938 Compliance with requirements and rules and regulations; exceptions.
39-941 Adult care homes; license and regulation; certain organizations exempt.
39-942 License in effect on effective date of act continued in effect; exceptions.
39-944 Injunctions and other process.
39-945 Correction orders; issuance; contents.
39-947 Appeals to secretary; hearing; disposition of civil penalties.
39-947a Informal dispute resolution; written request; procedure.
39-948 Appeals to district court; disposition of civil penalties.
39-951 Authority granted under act additional and not limiting.
39-952 Correction order not issued, when.
39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.
39-955 Filing application for receivership; contents.
39-956 Service of copies of application for receivership; posting in adult care home.
39-957 Answer to application for receivership.
39-959 Powers and duties of receiver.
39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
39-962 Supervision of district court; final accounting; removal.
39-964 Procedures for and review and enforcement of administrative actions.
39-965 Penalties for violations posing serious physical harm to resident.
39-967 Skilled nursing home or intermediate nursing care home means nursing facility.
39-969 Criminal history record information.
39-973 Operator registration act.
39-975 Same; registration of operators; rules and regulations.
39-976 Same; operator registration on adult care home administrator license required.
39-977 Same; waiver of registration requirements, when.
39-978 Same; registration renewal.
39-979 Same; fees; health occupations credentialing fee fund.