Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 5 - CIVIL PENALTIES › Section 47-5-5a - Civil penalties; adoption by reference

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Subject to the provisions of subsection
			 (c), the following federal regulations, as in effect on July 1, 2012, are
			 adopted by reference, except as otherwise specified:
(1) How assessments are made,
			 30 C.F.R.
			 845.11;
(2) when penalty will be assessed,
			 30 C.F.R.
			 845.12;
(3) point system for penalties,
			 30 C.F.R.
			 845.13;
(4) determination of amount of penalty,
			 30 C.F.R.
			 845.14, except that the table shall be
			 replaced by the following table:
"Points
Dollars
1
20
2
40
3
60
4
80
5
100
6
120
7
140
8
160
9
180
10
200
11
220
12
240
13
260
14
280
15
300
16
320
17
340
18
360
19
380
20
400
21
420
22
440
23
460
24
480
25
500
26
600
27
700
28
800
29
900
30
1,000
31
1,100
32
1,200
33
1,300
34
1,400
35
1,500
36
1,600
37
1,700
38
1,800
39
1,900
40
2,000
41
2,100
42
2,200
43
2,300
44
2,400
45
2,500
46
2,600
47
2,700
48
2,800
49
2,900
50
3,000
51
3,100
52
3,200
53
3,300
54
3,400
55
3,500
56
3,600
57
3,700
58
3,800
59
3,900
60
4,000
61
4,100
62
4,200
63
4,300
64
4,400
65
4,500
66
4,600
67
4,700
68
4,800
69
4,900
70 and above
5,000"
(5)
			 assessment of separate violations for each day,
			 30 C.F.R.
			 845.15, except that the statement "a civil
			 penalty of not less than $1,025 shall be assessed for each day during which
			 such failure to abate continues" shall be replaced by "a civil penalty of not
			 less than $750 shall be assessed for each day during which such failure to
			 abate continues";
(6) waiver of use
			 of formula to determine civil penalty,
			 30 C.F.R.
			 845.16;
(7) procedures for assessment of civil
			 penalties,
			 30 C.F.R.
			 845.17;
(8) procedures for assessment conference,
			 30 C.F.R.
			 845.18. However, the following sentence shall
			 be deleted: "The assessment conference shall not be governed by section 554 of
			 title 5 of the United States Code, regarding requirements for formal
			 adjudicatory hearings." The following sentence shall be added: "The conference
			 officer shall be selected by the department";
(9) request for hearing,
			 30 C.F.R.
			 845.19. However, subsection (b) shall be
			 replaced by the following text: "(b) The department shall hold all funds
			 submitted under paragraph (a) of this section in escrow pending completion of
			 the administrative and judicial review process, at which time it shall disburse
			 them as provided in
			 K.A.R.
			 47-5-16 ";
(10) when an individual civil penalty may be
			 assessed,
			 30 C.F.R.
			 846.12;
(11) amount of individual civil penalty,
			 30 C.F.R.
			 846.14;
(12) procedure for assessment of individual
			 civil penalty,
			 30 C.F.R.
			 846.17;
(13) payment of penalty,
			 30 C.F.R.
			 846.18. However, subsection (d) shall be
			 replaced by the following text:
"(d)
(1) Delinquent payment. Following the
			 expiration of 30 days after the issuance of a final order assessing an
			 individual civil penalty, any delinquent civil penalty shall be subject to
			 interest at the rate established quarterly by the U.S. department of the
			 treasury for use in applying late charges on later payments to the federal
			 government, pursuant to the treasury financial manual 6-8020.20. The treasury
			 current value of funds rate is published by the fiscal service in the notices
			 section of the federal register. Interest on unpaid civil penalties will run
			 from the date payment first was due until the date of payment. Failure to pay
			 overdue civil penalties may result in one or more of the following actions,
			 which are not exclusive:
"(i) Initiation of
			 litigation;
"(ii) reporting to the
			 internal revenue service;
"(iii)
			 reporting to state agencies responsible for taxation;
"(iv) reporting to credit bureaus;
			 or
"(v) referral to collection
			 agencies.
"(2) If a civil
			 penalty debt is greater than 91 days overdue, a six percent per annum penalty
			 shall begin to accrue on the amount owed for fees and shall run until the date
			 of payment. This penalty is in addition to the interest described in this
			 regulation.
"(3) For all delinquent
			 penalties and interest, the debtor shall be required to pay a processing and
			 handling charge that shall be based on the following components:
"(i) For debts referred to a collection
			 agency, the amount charged to the department by the collection
			 agency;
"(ii) for debts processed
			 and handled by the surface mining section, a standard amount set annually by
			 the department based upon similar charges by collection agencies for debt
			 collection;
"(iii) for debts
			 referred to the office of legal services, Kansas department of health and
			 environment, but paid before litigation, the estimated average cost to prepare
			 the case for litigation at the time of payment;
"(iv) for debts referred to the office of
			 legal services, Kansas department of health and environment, and litigated, the
			 estimated cost to prepare and litigate a debt case at the time of
			 payment;
"(v) if not otherwise
			 provided for, all other administrative expenses associated with collection,
			 including billing, recording payments, and follow-up actions; and
"(vi) no prejudgment interest accrues on any
			 processing and handling charges." ;
(14) general provisions,
			 30 C.F.R.
			 847.2;
(15) criminal penalties,
			 30 C.F.R.
			 847.11. However, the term "Attorney General"
			 shall be replaced with "Kansas attorney general"; and
(16) civil actions for relief,
			 30 C.F.R.
			 847.16.