Kansas Administrative Code

Assignment. Each water purchase contract shall have the following provisions: (a) The purchaser shall not assign, sell, convey, or transfer all or any part of the water purchase con- tract or interest in it, unless and until the assign- ment, sale, conveyance, or transfer has bee…

Rate charged for water. (a) The rate to be charged for water shall be fixed by the director pursuant to K.S.A. 82a-1308a, and amendments thereto. The rate fixed by the direc- tor shall be approved by the authority on or before July 15 of each calendar year. The rate shall take ef…

Rate charged for surplus water. (a) No charges shall be made for surplus water if the water is for streamflow maintenance or reser- voir pool management. (b) The rate to be charged for surplus water shall be the rate set in K.S.A. 82a-1308a, and amend- ments thereto, and defined …

Contract provisions. (a) Each con- tract for the sale of water supply shall be on a form specified by the director. If the director de- termines, during the contract negotiation process, that any article or portion of any article in the standard contract format is not needed or i…

Determination of reservoir yields through a drought with a two percent chance of occurrence in any one year. (a) The follow- ing information shall be used by the director in determining the yield of a reservoir through a drought with a two percent chance of occurrence in any one …

(Authorized by K.S.A. 1988 Supp. 82a-1345(e); implementing K.S.A. 1988 Supp. 82a-1330 et seq.; effective Sept. 4, 1989; revoked Aug. 30, 2013.)

Contract authority. The director of the Kansas water office shall enter into water as- surance contracts with water assurance districts. (Authorized by K.S.A. 1988 Supp. 82a-1345(e); implementing K.S.A. 1988 Supp. 82a-1330 et seq.; effective Sept. 4, 1989.)

Contract negotiation procedures. (a) Any water assurance district may request, in writing, to negotiate with the director for a water assurance contract. The request shall be submitted on forms provided by the office and include all in- formation requested on those forms. Each re…

Calculation of charges. The charges to be paid by the district shall be de- termined by the director as provided in K.S.A. 82a-1345 and amendments thereto, which shall include the following: (a) The amount necessary to cover the amortized capital costs to the state for acquisitio…

District formation. (a) The appli- cation for membership to form the district shall include the following: (1) The name and signature of each person in- terested in membership in the district when the application is submitted and an address to receive communication from the direc…

District membership after district formation. (a) All persons included in the appli- cation to form the district shall become members of the district, without additional application as may be required by this regulation, if these per- sons are deemed eligible for membership by th…

Special irrigation district; organi- zation. (a) The petition to form the special irriga- tion district shall include the following: (1) The name of each person seeking mem- bership in the special irrigation district when the petition is submitted and an address to receive commun…

Contract negotiation procedures. (a) The water supply access district’s governing body may request, in writing, to negotiate with the director for water supply access storage contracts. The request shall be submitted on forms provid- ed by the office and shall include any informa…

Calculation of charges by water supply access district. The charges to be paid by the lower smoky hill water supply access dis- trict shall be determined by the director pursu- ant to K.S.A. 2012 Supp. 82a-2310 and amend- ments thereto, which shall include the following: (a) The …

Application for easement. (a) Any cooperating landowner may submit an application for an easement on state property along a naviga- ble river on forms provided by the director. The cooperating landowner shall acknowledge that the cooperating landowner will pay all applicable fil-…

Notice to county and other gov- ernment agencies. A copy of the notice of intent to grant easement shall be sent by the director to the following: (a) The register of deeds and the county commission in each county in which the easement is proposed; (b) the program agencies; (c) t…

Review of notice of intent to grant easement. (a) After the comment period speci- fied in the notice of intent to grant easement has ended, the application, any comments or respons- es received, and the proposed project shall be re- viewed by the director. (b) No easement shall b…

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1978; revoked May 1, 1979.)

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended May 1, 1978; revoked May 1, 1979.) 99-1-3 to 99-1-6. (AuthorizedbyK.S.A.83- 124a; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1978; revoked May 1, 1979.)

(Authorized by K.S.A. 83-124a; ef- fective Jan. 1, 1966; revoked Jan. 18, 2002.) 99-11-1 to 99-11-4. (Authorized by K.S.A. 855 Technical Requirements for Weighing and Measuring Devices 99-25-1 83-124a; effective Jan. 1, 1971; revoked May 1, 1979.) 99-12-1 to 99-12-11. (Authorized…

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended May 1, 1978; revoked May 1, 1979.) 854 DEPT. OF AGRICULTURE—DIV. OF WEIGHTS AND MEASURES 99-2-2

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1978; revoked May 1, 1979.) 99-2-3 to 99-2-6. (Authorized by K.S.A. 83-124a; effective Jan. 1, 1966; amended May 1, 1978; revoked May 1, 1979.)

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1978; revoked May 1, 1979.)

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended Jan. 1, 1977; amended May 1, 1978; revoked May 1, 1979.)

Adoption by reference, excep- tions; availability of copies. (a) The document titled “specifications, tolerances, and other techni- cal requirements for weighing and measuring de- vices, as adopted by the 96th national conference on weights and measures 2011,” published by the na…

Retail dispenser labeling. Each retail dispenser of fuel ethanol shall be labeled with the capital letter “E” followed by the per- centage of denatured ethanol, by volume, and ending with the word “ethanol” if the percentage of fuel ethanol, by volume, exceeds 10 percent. (Author…

Motor fuel defined; testing standards. (a) “Motor fuel” shall include the fol- lowing fuel products used for the generation of power in an internal combustion engine, in addi- tion to the fuel products specified in K.S.A. 55- 422 and amendments thereto: (1) B100 biodiesel fuel; (…

Adoptionbyreference.Thedoc- ument titled “checking the net contents of pack- aged goods, as adopted by the 89th national con- ference on weights and measures 2004,” including the appendices, published by the national institute of standards and technology (NIST), Gaithers- burg, M…

(Authorized by and implementing K.S.A. 83-207; effective May 12, 1979; amended May 1, 1986; amended Oct. 21, 1991; revoked March 6, 1998.)

Certificate of conformance. (a) No person shall use a weighing or measuring de- vice for commercial purposes within the state of Kansas unless a certificate of conformance has been obtained for the weighing or measuring de- vice before its use for commercial purposes within the s…

Continuing education require- ments for technical representatives. (a) Be- fore the license of a technical representative is issued or renewed by the Kansas department of agriculture, the technical representative shall complete a minimum of four clock-hours of ver- ifiable contin…

Technical representative license application and renewal. (a) Each person ap- plying for a technical representative license or re- newal of a license shall submit an application on a form provided by the department of agriculture (“department”). (b)(1) Each license shall be issue…

Notification of nonconforming weighing or measuring device. (a) Each ser- vice company shall notify the weights and mea- sures office by telephone, facsimile, mail, or e-mail within 48 hours of any attempt to calibrate, repair, or adjust a measuring or weighing device that cannot…

Reporting requirements. The service company or the city or county depart- ment of public inspections of weights and mea- sures shall send a copy of the appropriate report to the weights and measures office within 10 days after a test or inspection in which any of the following de…

Record retention. Each service company and each owner of a weighing and mea- suring device shall keep all records as required by K.S.A. 83-304(d) and K.S.A. 83-404(d), respec- tively, for a period of five years. (Authorized by K.S.A. 1996 Supp. 83-207 and K.S.A. 1996 Supp. 55-442…

Adoption by reference. Except as specified in subsection (c), the following uniform regulations published by the national institute of standards and technology (NIST), Gaithersburg, MD, in the 2012 edition of NIST handbook 130, titled “uniform laws and regulations in the areas of…

Fees. (a) The following fees and other necessary and incidental expenses incurred shall be charged for requested services rendered by the secretary or the secretary’s authorized rep- resentative in conjunction with the testing, prov- ing, or evaluation of weights, measures, and d…

Civil penalty. Civil penalties shall be assessed based on the harm caused by the vio- lation, the nature and persistence of the violation, the length of time over which the violation occurs, any corrective action taken, and any and all rele- vant circumstances. The penalty shall …

Civil penalty; order. Each order that assesses a civil penalty shall include the fol- lowing elements: (a) A statement reciting each subsection of the act authorizing the assessment of a civil penalty; (b) a specific reference to each provision of the act or implementing regulati…

(Authorized by K.S.A. 83-403 and K.S.A. 2000 Supp. 55-442; implementing K.S.A. 2000 Supp. 55-443, as amended by L. 2001, Ch. 5, Sec. 195, K.S.A. 83-501, as amended by L. 2001, Ch. 5, Sec. 485 and K.S.A. 83-502, as amended by L. 2001, Ch. 5, Sec. 486; effective March 6, 1998; amen…

Informal settlement. (a) Any re- spondent may request an informal settlement conference if the respondent timely filed a written request for a hearing. The request may be con- tained in the respondent’s request for a hearing. The request shall be made before the prehearing confer…

Adjusting the amount of the civ- il penalty. (a) At the informal settlement confer- ence, each respondent shall present all evidence relating to adjustment of the civil penalty. This evidence may include mitigating factors or new evidence not previously known to the secretary whe…

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; revoked May 1, 1979.)

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; amended Jan. 1, 1971; revoked May 1, 1979.)

(Authorized by K.S.A. 83-124a; effec- tive Jan. 1, 1966; revoked May 1, 1979.) GAS LIQUID-MEASURING DEVICES

Registration form. Each applica- tion for issuance or renewal of a scale testing and service company license shall provide the follow- ing information: (a) The name and business ad- dress of the applicant; (b) the name, home address, social security number, and date of birth of a…

Conformance with handbook 44. Each scale testing and service company shall conduct each test and make each repair to scales in conformance with the requirements of the na- tional institute of standards and technology hand- book 44 as adopted by reference in K.A.R. 99-25- 1. Copie…

Minimum required equipment. Each scale testing and service company shall have at each place of business sufficient stan- dards and equipment to adequately test scales as specified in the notes section of the general code and in the scale code contained in the national institute o…

Removal of rejection tags. (a) For the purpose of testing or repairing a scale, any licensed scale testing and service company may remove an official rejection tag or other mark placed on a scale by authority of the secretary. (b) After the test is conducted and necessary re- pai…

Placed-in-service report. Each scale testing and service company shall sub- mit to the secretary a placed-in-service report, also referred to as the DI-701 report, within 10 days after a scale has been restored to service or placed in service. The placed-in-service report shall b…