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RADKE OIL CO. v. KANSAS DEPT. OF HEALTH & ENVIRONMENT

No. 76,227.

23 Kan. App.2d 774 (1997)

936 P.2d 286

RADKE OIL COMPANY, INC., Appellee, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT and JAMES J. O'CONNELL as SECRETARY OF THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellants.

Court of Appeals of Kansas.

Opinion filed April 11, 1997.

Attorney(s) appearing for the Case

William L. Anderson, of Kansas Department of Health and Environment, for appellants.

Casey R. Law, of Bremyer & Wise, P.A., of McPherson, for appellee.

Before GERNON, P.J., ROYSE and MARQUARDT, JJ.

GERNON, J.:

Radke Oil Company, Inc., (Radke) appealed the Kansas Department of Health and Environment's (KDHE) order assessing civil penalties against Radke. The district court, on its own motion, ruled that KDHE lacked jurisdiction to assess a civil penalty under K.S.A. 65-34,113(a) without first convicting Radke of a criminal offense under K.S.A. 65-34,109. The district court voided KDHE's order for lack of jurisdiction. KDHE appeals the district court's ruling...

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