65-786. Secretary may issue emergency cease and desist order. (a) If the secretary determines after notice and opportunity for a hearing that any person has engaged in or is engaging in any act or practice constituting a violation of any provision of this act or any rules and regulations or order issued thereunder, the secretary may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the secretary will carry out the purposes of the violated or potentially violated provision of this act or rules and regulations or order issued thereunder. Any such hearing shall be held by the secretary or a presiding officer from the office of administrative hearings.
(b) If the secretary makes written findings of fact that there is a situation involving an immediate danger to the public health, safety or welfare or that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the secretary may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, the secretary shall promptly notify the person subject to the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the order within 15 days after service of the order the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any such hearing shall be held by the secretary or presiding officer from the office of administrative hearings. If no hearing is requested and none is ordered by the secretary, the order will remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered the secretary, after giving notice of and opportunity for hearings to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order.
History: L. 2001, ch. 32, § 16; L. 2004, ch. 145, § 23; July 1, 2005.
Structure Kansas Statutes
Article 7 - Milk, Cream And Dairy Products
65-772 Secretary to adopt rules and regulations.
65-773 Inspection and testing of milk products.
65-775 Adoption of rules and regulations.
65-777 Secretary may perform tests and assess fees therefor.
65-778 License requirement for certain persons engaged in milk, cream or dairy business; fees.
65-779 Permit to sell grade A pasteurized milk or milk products.
65-780 Loss of license; conditions therefor.
65-780a Temporary suspension of license; reinstatement.
65-781 Fees for inspection and regulatory services; when due; delinquent fees.
65-782 Fees deposited in state treasury; dairy fee fund established.
65-783 Cleanliness of dairy equipment; use of approved water source.
65-784 On-farm production of butter and sales thereof not subject to act.
65-785 Secretary may issue stop sale or stop use order.
65-786 Secretary may issue emergency cease and desist order.
65-787 Court may issue temporary restraining order.
65-788 Civil penalty may be imposed; how; appeal therefrom.