Kan. Admin. Regs. § 99-27-5

Current through Register Vol. 43, No. 49, December 5, 2024

Section 99-27-5 - Adjusting the amount of the civil penalty

(a) At the informal settlement conference, each respondent shall present all evidence relating to adjustment of the civil penalty. This evidence may include mitigating factors or new evidence not previously known to the secretary when the order was issued.

(b) If the respondent presents new evidence establishing facts and circumstances that were unknown to the secretary when the order was issued, one of the following shall apply:

(1) If the new evidence relates to the gravity of the violation, an adjustment may be made to the civil penalty.

(2) If the new evidence establishes that a respondent did not commit the violation, the order shall be amended or vacated.

(c) Each respondent shall have the burden of presenting evidence of any mitigating factors to support any requested reduction in the amount of the civil penalty. The amount of the civil penalty may be reduced if the reduction serves the public interest.

(d) The amount of a civil penalty shall not be reduced to less than $100 per offense.

(1) The decision regarding reduction of a civil penalty shall lie solely within the discretion of the secretary or the secretary's designee.

(2) A civil penalty shall not be reduced unless evidence of mitigating factors has been presented by the respondent.

Kan. Admin. Regs. § 99-27-5

Authorized by K.S.A. 55-442 and K.S.A. 2007 Supp. 83-403; implementing K.S.A. 55-443, K.S.A. 2007 Supp. 83-501, and K.S.A. 2007 Supp. 83-502; effective March 6, 1998; amended Jan. 18, 2002; amended July 18, 2008.