Article: ADMINISTRATIVE PROCEDURES
Number: 66-13-1
Title: 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 roceeding 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.
(Authorized by and implementing K.S.A. 74-7013; effective May 4,
1992; amended Feb. 22, 1993.)