47-843. Violation of act; civil citation; penalties. (a) If, upon completion of an investigation, the executive director has probable cause to believe that a veterinarian violated the provisions of the Kansas veterinary practice act, in lieu of proceedings pursuant to K.S.A. 47-830 and amendments thereto, the executive director may issue a citation to the veterinarian, as provided in this section. The investigation shall include attempts to contact the veterinarian to discuss and resolve the alleged violation. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Kansas veterinary practice act alleged to have been violated. In addition, each citation may contain an order of abatement fixing a reasonable time for abatement of the violation, and may contain an assessment of a civil penalty not in excess of $2,000. The citation shall be served upon the veterinarian by any type of mailing requiring a return receipt. Before any citation may be issued, the executive director shall submit the alleged violation for review and investigation to at least two designees of the board who are veterinarians licensed in or employed by the state. Upon conclusion of the board designee's review, the designees shall prepare a finding of fact and a recommendation. If the board's designees conclude that probable cause exists that the veterinarian has violated any provisions of the Kansas veterinary practice act, a civil citation shall be issued to the veterinarian, according to policies adopted by the board through rules and regulations.
(b) The board shall adopt rules and regulations covering the assessment of civil penalties under this section which give due consideration to the appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation;
(2) the good faith of the person being charged; and
(3) the history of previous violations.
History: L. 1993, ch. 129, § 22; L. 1999, ch. 25, § 15; July 1.
Structure Kansas Statutes
Chapter 47 - Livestock And Domestic Animals
Article 8 - Registration Of Veterinarians
47-817 Practice without license prohibited; exceptions.
47-820 Disposition of moneys; veterinary examiners fee fund.
47-822 Fees for examinations, registrations, inspections, licenses and renewals.
47-824 Application for license; issuance of license; qualifications.
47-825 Examinations; rules and regulations; notice of results; recordation and issuance of license.
47-829 Licenses; expiration; renewal; continuing education requirements.
47-830 Grounds for refusal to issue or revocation or suspension of license or other restrictions.
47-832 Reinstatement of revoked or suspended license.
47-836 Lien for veterinary services; preference.
47-839 Confidentiality; exceptions; waiver.
47-840 Registration of veterinary premises; application; inspections; renewals; fees.
47-841 Veterinarian not liable for good faith volunteer actions.
47-843 Violation of act; civil citation; penalties.
47-844 Civil citation; notice to contest; procedures; disciplinary actions and civil penalties.
47-847 Reports relating to impaired veterinarians; board or committee investigation.
47-849 Same; contents of; reports, records and proceedings confidential and privileged.
47-850 Immunity from civil liability for report or investigation, limits.
47-851 Failure to report; immunity from civil liability.
47-852 Employer retribution for reporting; prohibition; remedy.
47-854 Act supplemental to existing law.
47-855 Institutional license; eligibility; scope of practice.