70-10-1 Fines. (a) Each citation issued
pursuant to K.S.A. 47-843(b) which includes an
assessment of a civil penalty shall be classified ac-
cording to the nature of the violation as set out
below. The citation shall indicate the classification
on its face.

 (1)  A Class ``A'' violation shall be a violation
which the executive officer of the board has de-
termined meets the following criteria:

 (A)  the violation meets the criteria for a class
``B'' violation; and

 (B)  the violation was committed by a person
who has been issued two or more prior citations
for a class ``B'' violation within a 24-month period
immediately preceding the act serving as the basis
for the citation, without regard to whether the ac-
tions to enforce the previous citations have be-
come final.

 However, the increase in the civil penalty re-
quired by this paragraph shall not be due and pay-
able unless and until the previous actions have
been terminated in favor of the board. A class ``A''
violation shall be subject to a civil penalty in an
amount not less than $1,001.00 and not exceeding
$2,000.00 for each citation.

 (2)  A Class ``B'' violation shall be a violation
which the executive officer has determined meets
the following criteria:

 (A)  the violation involves a person who, while
engaged in the practice of veterinary medicine,
has violated a statute or regulation relating to the
practice of veterinary medicine; and

 (B)(i)  the violation caused bodily injury to an
animal which is not significant and substantial in
nature;

 (ii)  the violation presents a substantial proba-
bility that death or serious harm would result; or

 (iii)  the violation meets the criteria for a class
``C'' violation and was committed by a person who
has two or more prior citations for a class ``C''
violation within the 24-month period immediately
preceding the act serving as the basis for the ci-
tation, without regard to whether the actions to
enforce the previous citations have become final.

 However, the increase in the civil penalty re-
quired by this paragraph shall not be due and pay-
able unless and until the previous actions have
been terminated in favor of the board. A class ``B''
violation shall be subject to a civil penalty in an
amount not less than $501.00 and not exceeding
$1,000.00 for each citation.

 (3)  A Class ``C'' violation shall be a violation
which the executive officer has determined in-
volves the following:

 (A)  a violation committed by a person while en-
gaged in the practice of veterinary medicine; and

 (B)  a violation that has not caused either death
or bodily injury to a patient and which does not
present a substantial probability that death or se-
rious harm to an animal patient would result
therefrom.

 A class ``C'' violation shall be subject to a civil
penalty in an amount not less than $50.00 and not
exceeding $500.00 for each citation.

 (b)  In assessing a civil penalty, the following
criteria shall be considered by the executive
director:

 (1)  the good or bad faith exhibited by the cited
person;

 (2)  the nature and severity of the violation;

 (3)  evidence that the violation was willful;

 (4)  any history of violations of the same or a
similar nature;

 (5)  the extent to which the cited person has
cooperated with the board's investigations;

 (6)  the extent to which the cited person has
mitigated or attempted to mitigate any damage or
injury caused by the violation; and

 (7)  such other matters as justice may require.
(Authorized by and implementing K.S.A. 47-
843(a); effective Feb. 21, 1997.)











Article 1.--GENERAL RULES