65-1954. Same; penalties; civil fines; costs and attorney fees; disposition of proceeds. (a) The board, in addition to any other penalty prescribed under the act governing tattoo artists, cosmetic tattoo artists or body piercers, may assess civil fines and costs, including attorney fees, after proper notice and an opportunity to be heard, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation.
(b) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others: (1) Willfulness of the violation; (2) repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.
(c) In addition to a civil penalty and costs, the board may assess investigation and hearing costs against any individual required to be licensed, pursuant to this act, for proceedings which have resulted in a successful action by the board against the individual under K.S.A. 65-1947, and amendments thereto.
(d) All civil fines assessed and collected under this section shall be remitted 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 cosmetology fee fund. All costs assessed under this section shall be remitted 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 state general fund.
History: L. 1996, ch. 138, § 15; L. 2001, ch. 5, § 234; L. 2008, ch. 108, § 23; July 1.
Structure Kansas Statutes
Article 19 - Licensure Of Entities By State Board Of Cosmetology
65-1904b Licensure, reciprocity, conditions.
65-1905 Examinations; qualifications of applicants; temporary permit.
65-1906 Display of license, inspection report and sanitation standards.
65-1907 Inspectors, duties and training; student requirements; dual-licensed salon and barber shops.
65-1909 Violations; civil and criminal remedies.
65-1920 Tanning facility licensing; definitions.
65-1922 Same; warning signs; posting; dimensions.
65-1923 Same; promotional material.
65-1925 Rules and regulations; inspections; violations; remedies.
65-1926 Licensure requirement; grounds for disciplinary action; fees.
65-1927 Penalties for violations.
65-1929 Tanning facility license required; remedies.
65-1931 Minors prohibited from tanning; fines.
65-1940 Licensure of tattooing and body piercing; definitions.
65-1942 Same; prohibited acts; penalty.
65-1943 Same; application for licensure; fees; requirements for licensure.
65-1945 Same; expiration; renewal; continuing education.
65-1946 Same; standards for licensure.
65-1948 Same; powers and duties of board.
65-1950 Same; licensure; fees.
65-1954 Same; penalties; civil fines; costs and attorney fees; disposition of proceeds.