Kansas Administrative Regulations › Agency 99 - KANSAS STATE DEPARTMENT OF AGRICULTURE DIVISION OF WEIGHTS AND MEASURES › Article 27 - CIVIL PENALTY › Section 99-27-1 - Civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
Civil penalties shall be assessed based on the harm caused by
				the violation, the nature and persistence of the violation, the length of time
				over which the violation occurs, any corrective action taken, and any and all
				relevant circumstances. The penalty shall be based on the following chart.
				After the maximum penalty is assessed for any violation, the next range of
				penalties may be applied for any repeat offense.
1 A penalty ranging from $1,001 to $5,000 per violation.
2 A penalty ranging from $501 to $1,000.
3 A penalty ranging from $100 to $500 per violation.
Violation Penalty
Offering, exposing for sale, or disposing of an incorrect
				device, when committed by a service company 1
Offering, exposing for sale, or disposing of an incorrect
				device for which a stop-use order has been issued, when committed by an
				individual 1
Offering, exposing for sale, or disposing of an incorrect
				device for which a stop-use order has not been issued, when committed by an
				individual 2
Using or possessing an incorrect weighing or measuring device
				after being informed that device is incorrect 2
Unknowingly using or possessing an incorrect weighing or
				measuring device 3
Without authorization, breaking or removing any tag, mark, or
				seal on devices or packages whose retail worth is less than or equal to $1,000
				2
Without authorization, breaking or removing any tag, mark, or
				seal on packages whose retail worth is greater than $1,000 1
Selling, offering, or exposing for sale less than the
				represented quantity of any commodity, thing, or service that has a retail
				value less than or equal to $500 3
Selling, offering, or exposing for sale, less than the
				represented quantity of any commodity, thing, or service that has a retail
				value greater than $500 2
Repeatedly selling, offering, or exposing for sale, less than
				the represented quantity of any commodity, thing, or service that has a retail
				value less than or equal to $500 2
Repeatedly selling, offering, or exposing for sale, less than
				the represented quantity of any commodity, thing, or service that has a retail
				value greater than $500 1
Unknowingly taking or attempting to take more of the
				represented quantity of any commodity, thing, or service that has a retail
				value less than or equal to $500
Unknowingly taking or attempting to take more of the
				represented quantity of any commodity, thing, or service that has a retail
				value greater than $500 2
Repeatedly taking or attempting to take more of the represented
				quantity of any commodity, thing, or service that has a retail value less than
				or equal to $500 2
Repeatedly taking or attempting to take more of the represented
				quantity of any commodity, thing, or service that has a retail value greater
				than $500 1
Keeping for the purpose of sale or offering or exposing for
				sale any commodity that is labeled in a manner contrary to law 3
Using a device that is not positioned so that a customer may
				view its indications 3
Selling, offering for sale or use, or possessing for the
				purpose of selling or using any device or instrument to be used or calculated
				to falsify any weight or measure 1
Disposing of any rejected weight or measure contrary to law or
				rules and regulations 3
Exposing or offering for sale commodities that are in
				misleading packaging 3
Repeatedly and after notification by the division of weights
				and measures, exposing or offering for sale commodities that are in misleading
				packaging 1
Misrepresenting or representing in a manner tending to mislead
				or deceive an actual or prospective purchaser, the price of an item offered,
				exposed, or advertised for sale at retail 3
Misrepresenting or representing in a manner calculated to
				mislead or deceive an actual or prospective purchaser, the price of an item
				offered, exposed, or advertised for sale at retail 1
Unknowingly using a device that does not correctly compute
				total price 3
Knowingly using a device that does not correctly compute total
				price 1
Charging or attempting to charge a value that is more than the
				advertised price for an item or commodity at the time of sale 3
Charging or attempting to charge an incorrect price at the time
				of sale of an item when more than 24 hours have passed after being informed by
				the division of weights and measures that the price was incorrect 2
Altering a weight certificate, or using or attempting to use
				such a certificate for the purpose of altering a weight or delivery, or both 1
Hindering or obstructing the secretary or an authorized agent
				in the performance of official duties 1
Failing to pay all fees and penalties 1
Failing to keep all inspection reports 2
Failing to make available all inspection reports 1
Failing to have any commercial weight, measure, or weighing and
				measuring device tested 3
Selling or offering or exposing for sale LPG in packages or
				containers that are not labeled properly 3
Selling, using, removing or otherwise disposing of, or failing
				to remove from the premises specified, any weighing or measuring device or
				package or commodity contrary to the terms of any order issued by the secretary
				1
Violating any order issued by the secretary 1
Acting as or representing such person's self to be a technical
				representative without having a valid license 1
Certifying as correct an inaccurate device 3
Certifying as correct an inaccurate device and not following
				established test procedures 2
Failing to complete the proper forms in their entirety 3
Filing false reports 1
Selling a weighing and measuring device that does not have an
				NTEP certificate of conformance 1
Failing to notify the secretary within 48 hours of a weighing
				or measuring device that cannot be approved 3
Offering, selling, or exposing for sale fuel that does not
				conform to the applicable fuel quality standards 3
Repeatedly offering, selling, or exposing for sale fuel that
				does not conform to the applicable fuel quality standards 2
Failing to take proper precautions to prevent the offering,
				selling, or exposing for sale of fuel that does not conform to the applicable
				fuel quality standards 1
Knowingly offering, selling, or exposing for sale fuel that
				does not conform to the applicable fuel quality standards 1