Kansas Administrative Code

Burden of proof. (a) General. The burden shall be on the protestant to prove the matters described in K.A.R. 82-9-3 of these rules. (b) Jurisdiction. The respondent railroad shall bear the burden of showing that the commission lacks jurisdiction to review the proposed rate be- ca…

Zone of rate flexibility. (a)(1) Any rail carrier may raise any rate subject to the limita- tions described in 49 U.S.C. Sec. 10707a as in ef- fect on September 23, 1983. Base rates increased by the quarterly rail cost adjustment factor shall not be investigated or suspended. (2)…

Monetary adjustments for sus- pension actions. (a) Rate increases with no sus- pensions. If the commission does not suspend, but investigates, a proposed rate increase under K.A.R. 82-9-3, the rail carrier shall account for all amounts received under the increase until the commis…

Definitions. “Act” means the public employer-employee relations act K.S.A. 75-4321 et seq. and amendments thereto. Terms used in these rules shall have the same meaning as de- fined in the act unless their context clearly indi- cates otherwise. (b) “Party” means any public employ…

Scope. (a) Purpose. These rules and regulations are intended as aids to promote the efficient operation of the board and the orderly administration of the act, and to provide mean- ingful avenues for realizing and for enforcing the statutory rights and obligations of public emplo…

Computation of time. Whenever the time limited in these rules for any act is seven days or more, Saturdays, Sundays and legal holi- days shall be included in making the computation. Whenever the time so limited is less than seven days, Saturdays, Sundays and legal holidays shall …

Registration and reports. (a) Fil- ing annual report. Each employee organization shall file with the board a copy of the annual re- port required by K.S.A. 75-4337 and amendments thereto. (b) Proof of employee organization Kansas li- cense registration. Each person who desires to…

Service of pleadings. (a) Method, proof, complaints, orders, and other process- es and papers of the board. Service of pleadings and orders shall be conducted in accordance with K.S.A. 77-531, and amendments thereto. Com- plaints, decisions, orders, and other processes and papers…

(Authorized by K.S.A. 75-4323(d) (4),75-4327(d);effective,E-72-29,Sept.29,1972; effective Jan. 1, 1973; revoked May 1, 1975.)

Elections; eligibility and condi- tions. (a) When an employee organization files a petition for certification a determination shall be made by the board or its designee as to whether a sufficient showing of interest has been filed by said employee organization. If a sufficient sh…

Elections; procedure. (a) All elections shall be by secret ballot, at times, places, and in such manner as the board or its designee may direct, and shall be conducted by a designee of the board, whose determination of all questions arising shall be final, subject, however, to re…

Certification of election results. (a) Certification—If no objections are filed with- in the time set forth above, if the challenged bal- lots are insufficient in number to affect the result of the election, and if no runoff election is to be held, a certification of the results …

Mediation and fact-finding. (a) Mediator. (1) Any information disclosed to the mediator in the performance of his duties shall not be di- vulged unless approved by all parties involved. All files, records, reports, documents, or other papers received or prepared by the mediator s…

Arbitration. (a) General provisions. This section governs the general procedure relat- ing to the arbitration proceedings and designa- tion of arbitrators, pursuant to K.S.A. 75-4330(b). The policy of the state primarily is to promote the prompt, peaceful and just settlement of l…

Hearings. (a) General provisions. (1) Hearings may be conducted by the board, or any member or members thereof, or any member of its staff or other individual designated by the board. (2) The hearing shall be limited to pertinent matters necessary to determine questions relating …

Intervention and joinder. Any third party having a legitimate interest in any pro- ceedings may file a petition of intervention setting forth facts sufficient to establish such interest and requesting that the board resolve contested factu- al matters in its favor. In the alterna…

Authorization cards; acceptabil- ity. Evidence of representation or legitimate interest may be either individual authorization cards, or by petition. In either case, the petition or card must show address of, and be signed and dated by, the employee expressing an intent to be rep…

Validity of showing of interest. (a) The proof of interest when submitted becomes the property of the board and shall not be furnished to any of the parties. The adequacy of the show- ing of interest shall be determined by the board or its designee and such decision shall not be …

Units. (a) Determining appropriate unit. (1) Any unit may consist of all of the employees of the public employer, or any department, divi- sion,sectionorarea,orpartyorcombinationthere- of, if found to be appropriate by the board, except as otherwise provided in the act or these r…

Petition for unit determination, unit clarification and investigation or certifi- cation or decertification of employee organi- zation; of petition. A petition, form to be provid- ed by the board, may be filed with the board by an employee organization or group of public employ- …

(Authorized by K.S.A. 75-4323 (d)(4), 75-4327(d); effective, E-72-29, Sept. 29, 1972; ef- fective Jan. 1, 1973; revoked May 1, 1975.)

Procedure following filing of peti- tions. (a) Petition; amendment or withdrawal. Any petition may be amended, in whole or in part, or withdrawnbythepetitioneratanytimepriortothe filingofananswerbyaninterestedparty.Apetition may be amended or withdrawn by the petitioner after the…

Complaints. (a) Who may file. A complaint that any public employee, employee organization or public employer has engaged in or is engaging in any prohibited practice under the act may be filed by a public employee, a group of public employees, an employee organization or a public…

Hearing notice. After a complaint has been filed, if it appears to the board, or its des- ignee, that formal proceedings in respect thereto should be instituted, a notice of hearing pursuant to K.A.R. 84-2-2b shall be served on each party by the board or its designee. (Authorized…

Record of proceedings before the board; prohibited practice cases. (a) The record of the proceedings before the presiding of- ficer in prohibited practice cases shall consist of the complaint or amended complaint, any other pleadings, notices of hearings, motions, orders, stenogr…

Joinder of parties. All persons al- leged to have engaged in any unfair practices may be joined as parties, whether jointly, severally, or in the alternative, and a decision may be rendered against one or more of them upon all of the evi- dence, without regard to the party by or …

Findings of fact; conclusions of law; recommendation. Findings of fact, conclu- sionsoflaw,andinitialordersshallbeissuedpursu- ant to K.S.A. 77-526(c). (Authorized by and imple- menting K.S.A. 75-4323 (d)(4); 75-4327 (c),(d),(e); 75-4332 (b),(c),(d),(e); 75-4334 (a),(b); effectiv…

Strikes or lockouts. In the case of an alleged violation of K.S.A. 75-4333(c)(5), the case may be handled in accordance with K.S.A. 77-536 by the board or its designee disregarding normal time limitations. (Authorized by and implementing K.S.A. 75-4323(d)(4), 75-4334(a); effectiv…

Application for approval. (a) Fil- ing. An application may be submitted by a local government which, acting through its legislative body, has adopted or amended by ordinance or resolution its own provisions and procedures, for a determination by the board that such provisions and…

Objections. Within 15 working days after receipt of the application by the board, any public employee or employee organization may file an objection to the granting of the application. The late filing of an objection may be excused by theboardoritsdesigneeforextraordinarycircum- …

Investigation and hearing. (a) The applicant and any interested party shall be noti- fied by the board or its designee of the name of the person assigned to investigate the allegations contained in the application. That person shall di- rect an investigation of any questions rais…

Determination by the presiding officer. No later than 30 days after the conclusion of the hearing or after submission of proposed findings of fact, conclusions of law and briefs, the presiding officer shall issue findings of fact, con- clusions of law and an initial order, unless…

Termination or amendment of procedures by a local government. (a) To be approved, the provisions and procedures estab- lished by a local government pursuant to K.S.A. 75-4335 must provide, inter alia, that termina- tion of such procedures shall become effective no sooner than 60 …

Local regulations. Upon approval of the provisions and procedures established by a local government pursuant to K.S.A. 75-4335, the local agency shall perform the duties set forth in K.S.A. 75-4327 and K.S.A. 75-4328. Within 45 days from the date of such approval, the local agenc…

Procedures for the review of im- plementation of local government proce- dures pursuant to K.S.A. 75-4335. (a) General provisions. The fact that a local government has not adopted rules and regulations within 45 days after the board has determined that its provisions and procedur…

Impasse; petition; filing. In the event of an impasse, a request for assistance of the board, may be filed with the board or its designee by an employee organization or public employer organization or public employer, showing wheth- er a joint or single party request is being mad…

(Authorized by K.S.A. 1970 Supp. 74- 3901; effective, E-70-18, March 10, 1970; effec- tive Jan. 1, 1971; revoked, L. 1983, ch. 353, July 1, 1983.)

(Authorized by K.S.A. 1970 Supp. 58-2805, 74-3901; effective, E-70-18, March 10, 1970; effective Jan. 1, 1971; revoked, L. 1983, ch. 353, July 1, 1983.) 85-2-1 and 85-2-2. (Authorized by K.S.A. 1970 Supp. 74-3901; effective, E-70-18, March 10, 1970; effective Jan. 1, 1971; revoke…

(Authorized by K.S.A. 1970 Supp. 58-2802, 74-3901; effective, E-70-18, March 10, 1970; effective Jan. 1, 1971; revoked, L. 1983, ch. 353, July 1, 1983.) 85-2-4 and 85-2-5. (Authorized by K.S.A. 1970 Supp. 74-3901; effective, E-70-18, March 10, 1970; effective Jan. 1, 1971; revoke…

(Authorized by K.S.A. 1970 Supp. 58-2802, 74-3901; effective, E-70-34, March 10, 1970; effective Jan. 1, 1971; revoked, L. 1983, ch. 353, July 1, 1983.)

Abstract bonds. Prior to the issu- ance of a license, each applicant shall file a bond in the amount of $25,000.00 with the secretary of the abstracters’ board of examiners and in each county in which the applicant intends to do busi- ness. (Authorized by K.S.A. 1984 Supp. 74-390…

License fee. The annual fee for each abstracter’s license shall be $75.00. (Authorized by K.S.A. 74-3901; implementing K.S.A. 2013 Supp.58-2801; effective, T-86-8, April 1, 1985; effective May 1, 1986; amended Nov. 13, 1989; amended March 13, 2015.)

Insurance. Prior to the issuance of a license, each applicant shall file with the secretary of the abstracters’ board of examiners an errors and omissions insurance policy in an amount of not less than $25,000.00 and with a deductible of not more than a maximum amount which would…

Examination fees. (a) The fee for the examination shall be $75.00. (b) If an applicant does not pass the examina- tion the first time, the applicant’s fee for a sec- ond examination shall be $50.00. (Authorized by K.S.A. 74-3901; implementing K.S.A. 58-2805; effective, T-86-8, Ap…

(Authorized by K.S.A. 74-4202; effec- tive Jan. 1, 1966; amended Jan. 1, 1974; amended May 1, 1975; revoked, E-81-18, July 16, 1980; re- voked May 1, 1981.)

Approved courses of instruc- tions; procedure. (a) Definitions. Each of the following terms, as defined in this subsection, shall apply to K.A.R. 86-1-10 through K.A.R. 86- 1-12 and K.A.R. 86-1-17: (1) “Commission” means Kansas real estate commission. (2) “Coordinator” means an i…

Minimum curricula and stan- dards for course. (a) Each school offering a course approved by the commission under K.S.A. 58-3046a(a), and amendments thereto, shall use a course outline provided by the commission and shall use the title “principles of real estate.” (b) Each school …

Monitoring courses; withdrawal of approval. (a) Each approved course shall be subject to monitoring by the commission, with or without prior notice. (b) Course approval may be withdrawn by the commission for falsification of attendance records or failure to comply with any provis…

(Authorized by K.S.A. 2006 Supp. 58-3046a, as amended by L. 2007, ch. 88, sec. 6, and K.S.A. 74-4202(b); implementing K.S.A. 2006 Supp. 58-3046a, as amended by L. 2007, ch. 88, sec. 6; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; amended May 1, 1988; amended Jan. 29…

(Authorized by K.S.A. 74-4202(b); implementing K.S.A. 58-3046a, as amended by 1985 SB-107; effective, T-86-31, Sept. 24, 1985; effective May 1, 1986; revoked, T-87-32, Nov. 19, 1986; revoked May 1, 1987.)