Kan. Admin. Regs. § 66-13-1

Current through Register Vol. 43, No. 46, November 14, 2024

Section 66-13-1 - Types of hearings

(a) Where required by Article 74 of the Kansas Statutes Annotated, hearings and procedures of the board shall be in accordance with the hearings and procedures established by the Kansas administrative procedure act.

(b) Summary adjudicative proceedings pursuant to the Kansas administrative procedure act, and amendments thereto may be used for the following types of action:

(1) cease and desist orders;

(2) enforcement orders based on stipulations;

(3) public or private censures.

(c) Any party who disagrees with and is subject to a summary adjudicative action may request that the proceedings be converted to a conference adjudicative proceeding or a formal adjudicative proceeding. Upon request, the summary proceeding shall be converted to the appropriate proceeding available under the Kansas administrative procedure act or rules and regulations promulgated thereunder.

(d) The order issued pursuant to subsection (b) of this regulation shall contain a notice informing those who are subject to the order that a request for review or conversion must be made within 15 days.

(e) The presiding officer for summary adjudicative proceedings may be the executive director or the executive director's designee.

(f) Conference adjudicative proceedings pursuant to K.S.A. 77-533, 77-534 and 77-535 of the Kansas administrative procedure act may be used for actions in which:

(1) there is no disputed issue of material fact; or

(2) the parties agree to a conference adjudicative proceeding.

Kan. Admin. Regs. § 66-13-1

Authorized by and implementing K.S.A. 74-7013; effective May 4, 1992; amended Feb. 22, 1993.