Kan. Stat. Ann. § 65-1,210
Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards.
Operative Text
(a) Any individual, business entity, accredited training program or public agency who violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, in addition to any other penalty or litigation provided by law, may incur a civil penalty imposed under subsection (b) in a maximum amount not to exceed $1,000 for the first violation, $5,000 for each subsequent violation and, in the case of a continuing violation, every day such previously notified violation continues shall be deemed a separate violation. (b) The secretary, upon finding that any individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, may impose a civil penalty within the limits provided in this section upon such individual, business entity, accredited training program or public agency which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed. (c) The secretary, upon finding that an individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or rules and regulations adopted under the residential childhood lead poisoning prevention act, may issue an order finding such individual, business entity, accredited training program or public agency in violation of the residential childhood lead poisoning prevention act and directing the individual, business entity, accredited training program or public agency to take such action as necessary to correct the violation. (d) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act. (e) Any individual, business entity, accredited training program or public agency aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act. (f) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer and deposited in the lead-based paint hazard fee fund. (g) The secretary shall use penalties recovered pursuant to the provisions of this section to establish a grant program for communities to conduct activities designed to reduce or eliminate exposure of children to residential lead-based paint hazards.
Kan. Stat. Ann. §§ 65-1,200 to 65-1,210 establishes a civil penalty framework for violations of Kansas's Residential Childhood Lead Poisoning Prevention Act. First-time violations can result in penalties up to $1,000, while each subsequent violation can carry penalties up to $5,000, with ongoing violations treated as a new, separate violation for every day they continue after notice. The Secretary of Health and Environment may also issue corrective-action orders, and any penalties collected are deposited into the lead-based paint hazard fee fund and used to fund community grants aimed at reducing children's exposure to lead-based paint hazards.
Plain English — not legal advice.
Under Kan. Stat. Ann. §§ 65-1,200 to 65-1,210, property owners and managers who are subject to the Residential Childhood Lead Poisoning Prevention Act generally maintain compliance by following all applicable rules and regulations governing lead-based paint hazards in residential settings. Compliant operators typically respond promptly to any notices of violation, since each day a previously notified violation continues is counted as a separate offense that can trigger additional penalties. Operators who receive a corrective-action order from the Secretary have the right to request a hearing under the Kansas Administrative Procedure Act before any civil penalty is formally imposed, and may appeal adverse orders to district court under the Kansas Judicial Review Act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kan. Stat. Ann. §§ 65-1,200 to 65-1,210 provides protections for residents—particularly families with children—by authorizing the Secretary to penalize landlords and other parties who violate Kansas's Residential Childhood Lead Poisoning Prevention Act and to order corrective action to address lead-based paint hazards. Tenants who believe a landlord is not complying with the Act's requirements may consider filing a complaint with the Kansas Department of Health and Environment, which has authority to investigate and impose penalties. Tenant-rights organizations and legal aid services can help residents understand what options may be available under this provision, including how corrective-action orders and the appeals process work.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation