Kan. Admin. Regs. § 4-7-903

Current through Register Vol. 44, No. 2, January 9, 2025

Section 4-7-903 - Criteria to determine dollar amount of the civil penalty

In determining the amount of civil penalty, the gravity of the violation shall be considered by the secretary or the secretary's designee. Factors to be considered may include the following:

(a) The potential of the act to injure or endanger the health of any consumer, or the general public;

(b) the severity of actual or potential injuries;

(c) the respondent's history of compliance with K.S.A. 65-789, and amendments thereto, and the regulations adopted thereunder;

(d) any action taken by the respondent to remedy the specific violation or to mitigate any adverse health effects or environmental effects that were the result of the violation; and

(e) any misrepresentation or fraud associated with the violation.

Kan. Admin. Regs. § 4-7-903

Authorized by K.S.A. 2007 Supp. 65-772; implementing K.S.A. 65-788; effective Jan. 20, 1990; amended Oct. 29, 1990; amended Dec. 20, 2002; amended July 18, 2008.