2009 Kansas Code
Chapter 74 STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 5 DEPARTMENT OF AGRICULTURE
74-598. Same; licenses; denial, suspension, revocation or refusal to renew or modify; grounds; hearing; appeal.

74-598

Chapter 74.--STATE BOARDS, COMMISSIONS AND AUTHORITIES Article 5.--DEPARTMENT OF AGRICULTURE

      74-598.   Same; licenses; denial, suspension, revocation or refusal to renew or modify; grounds; hearing; appeal. (a) The secretary of agriculture may deny, suspend, revoke, refuse to renew or modify the provisions of any license issued under the powers, duties and functions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder, if the secretary finds that the applicant or licensee has:

      (1)   Been convicted of or pleaded guilty to a violation of any provision or requirement transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, or any rule and regulation adopted thereunder;

      (2)   failed to comply with any provision or requirement transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, or any rule and regulation adopted thereunder;

      (3)   interfered with or prevented the secretary or any authorized representative of the secretary from the performance of that person's job duties regarding any inspection or the administration of the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, or any rule and regulation adopted thereunder; or

      (4)   denied the secretary or any authorized representative of the secretary access to any premises required to be inspected under the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, or any rule and regulation adopted thereunder.

      (b)   The secretary shall inform the applicant or licensee of the opportunity for a hearing pursuant to the Kansas administrative procedure act before any license shall be denied, suspended, modified, revoked or denied renewal.

      (c)   The licensee or applicant may appeal from the decision and order, in accordance with provisions of the act for judicial review and civil enforcement of agency actions.

      History:   L. 2004, ch. 147, § 14; L. 2008, ch. 48, § 12; L. 2009, ch. 59, § 8; July 1.