44-1610. Penalties for violation of act. (a) It is a class B misdemeanor for an owner or operator of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity knowingly to operate, or cause or permit to be operated, any amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity without a valid permit issued by the secretary.
(b) A notice of violation may be issued by the department when an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism acitivity is found to be out of compliance with the provisions of this act, or any rules or regulations adopted pursuant thereto. The notice of violation may include an order to cease and desist operation of the specific ride until all violations are satisfactorily corrected.
(c) Within 10 business days after a notice of violation has been issued, the person issued such notice may file a written request with the department for an informal conference regarding the notice. If the person issued the notice of violation does not request an informal conference within this time frame, all provisions of the notice shall become final. If the notice of violation is not resolved within the prescribed time frame, the department may seek judicial enforcement of the notice of violation, or an enforcement order may be issued.
(d) The secretary may impose a fine of not more than $1,000 for any violation of the provisions of this act, or any rules or regulations adopted pursuant thereto. All fines received by the secretary pursuant to this section shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the amusement ride safety fund.
(e) Each day a violation continues shall constitute a separate offense.
(f) The provisions of this section shall be subject to the Kansas administrative procedure act.
History: L. 2008, ch. 142, § 10; L. 2017, ch. 103, § 11; L. 2018, ch. 84, § 12; May 17.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
44-1602 Inspections; issuance of certificates; compliance audits.
44-1604 Compliance with ASTM standards; testing of amusement rides.
44-1605 Required training for operators, certification.
44-1606 Posting of safety instructions.
44-1607 Patrons of amusement rides, acceptance of risk, duties.
44-1608 Contracting for operation of amusement ride, requirements.
44-1609 Occurrence of serious injury.
44-1610 Penalties for violation of act.
44-1611 Same; action to enjoin operation of ride.
44-1612 Local regulation of amusement rides.
44-1613 Kansas amusement ride act; citation of act.
44-1614 Same; rules and regulations.
44-1616 Permit for operation; application; owner registration; fees.
44-1617 Amusement ride safety fund.
44-1618 Injury reports; notice of injury to department; suspension of operation; investigations.
44-1619 Enforcement of act; opportunity to comply with act.
44-1620 Permit for operation of certain rides; application; owner registration; fees.