Radke Oil Co. v. Kansas Department of Health & Environment

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 and its interpretation of K.S.A. 65-34,113(a).

On May 12, 1994, KDHE issued a civil penalty order against Radke. The civil penalty…