Kansas Administrative Code

Reasonable compensation; non- tried cases. (a) Each appointed attorney shall be compensated for time expended in representing indigent defendants and other indigent persons at the hourly rate prescribed in K.A.R. 105-5-2. Except as provided in K.A.R. 105-5-8, reasonable compensat…

Reasonable compensation; tried cases. Each appointed attorney shall be compen- sated for time expended in representing indigent defendants at the hourly rate prescribed in K.A.R.

Compensation; exceptional cas- es. (a) Any compensation for attorneys’ services in excess of the amounts specified in K.A.R. 105-5-6 and K.A.R. 105-5-7 may be approved only in ex- ceptional cases. A finding by the court that a case is exceptional shall be subject to final approva…

Factors in determining com- pensation in exceptional cases. The following factors shall be considered by the board in its de- termination of reasonable compensation in excep- tional cases: (a) the amount and the type of services ren- dered; (b) the amount of time expended on the …

Reimbursement generally. Ap- pointed attorneys shall be reimbursed for expens- es reasonably incurred in performance of duties when approved by the appropriate judge as pro- vided in K.S.A. 1982 Supp. 22-4507(b). Expense reimbursements shall not be considered within the maximum a…

Expenses allowed. Expense reim- bursements shall include reimbursement for the following expenses: (a) the cost of photocopying prepared briefs; (b) the cost of binding appellate briefs for each case; (c) in-state travel and subsistence by appointed attorneys, not to exceed the r…

Funding approval; court order authorizing services. (a) Funding for the esti- mated cost of investigative, expert, and other ser- vices shall be approved by the board before any appointed attorney submits the order to the court forauthorizationoftheservices.Fundingshallnot be app…

Claims. (a) Each claim for com- pensation for investigative, expert, or other ser- vices provided to an indigent defendant shall be submitted on a form approved by the board. Each claim shall be signed by the attorney requesting the service and the judge before transmittal to the…

Limitations. (a) Each claim for compensation shall be for investigative, expert, or other services performed on or after the date of the order authorizing the services, unless the judge finds that timely procurement of necessary services could not await prior authorization by the…

Investigators. Each individual performing services as an investigator shall be compensated at a rate not to exceed $35 per hour, unless a higher rate has been approved in advance by the director. (Authorized by K.S.A. 22-4522; implementing K.S.A. 22-4508 and 22-4522; effec- tive …

Psychiatric or psychological ser- vices. Each individual performing psychiatric or psychological services shall be compensated at a rate approved in advance by the director. (Au- thorized by K.S.A. 1997 Supp. 22-4522; imple- menting K.S.A. 22-4508 and K.S.A. 1997 Supp. 22-4522; e…

Interpreters. Each individual per- forming services as interpreter for the defense shall be compensated at a rate not to exceed $30 per hour, unless a higher rate has been approved in advance by the director. No more than one interpreter per defendant may be compensated for servi…

Other services. Each individu- al performing other allowable defense services shall be compensated at a rate approved in ad- 143 Claims Generally 105-9-2 vance by the director. (Authorized by K.S.A. 1997 Supp. 22-4522; implementing K.S.A. 22-4508 and K.S.A. 1997 Supp. 22-4522; ef…

(Authorized by K.S.A. 1997 Supp. 22-4522; implementing K.S.A. 22-4508 and K.S.A. 1997 Supp. 22-4522; effective May 1, 1984; amended May 1, 1988; amended Aug. 20, 1999; revoked Dec. 14, 2012.)

Services not compensable. The following services shall not be compensable un- less approved by the director: (a) polygraph ex- aminations; (b) psychological stress evaluation exams; (c) psychiatric or other services arising out of proceedings to determine competency to stand tria…

Generally. (a) When an attorney appointed to represent an indigent defendant at trial determines that a transcript or partial tran- script of the trial will be necessary to prosecute an appeal, the attorney shall request a court order for the transcript. Attorneys shall order com…

Claims. Each claim for transcript fees shall be made on a form approved by the board. (Authorized by K.S.A. 1997 Supp. 22-4522; implementing K.S.A. 22-4512a; effective May 1, 1984; amended Aug. 20, 1999.)

Compensation. (a) Court report- ers shall receive compensation for one original transcript in a single-defendant case appealed to the appellate courts. In multi-defendant cases appealed to the appellate courts, court report- ers shall be compensated for one original tran- script …

Claims not allowed. Claims by court reporters for transcripts of pleas of guilty or nolo contendere, preliminary hearings, voir dire proceedings, opening statements or clos- ing statements shall not be compensated except when the defendant alleges that it is necessary to enable t…

General provisions. (a) All claims for payment for legal representation provided to an indigent defendant by attorneys, court report- ers, investigators and all others shall be submitted to the board for payment not later than 60 days after the termination of services. (b) Unless…

Approvalofclaims.(a)Eachclaim- ant shall complete and sign the necessary claim forms and submit them to the court for approval. (b) The judge shall examine each claim and de- termine if it is reasonable and in accordance with rules and regulations adopted by the board. In determi…

Claims from attorneys. Each claim from an attorney for compensation and reim- bursement of allowable expenses shall be filed with theboardonavoucherformapprovedbytheboard. Eachclaimshallbeaccompaniedbyatimesheet,in a form approved by the board, detailing: (a) the date of each com…

(Authorized by K.S.A. 1987 Supp. 22-4507 and 22-4522; implementing K.S.A. 1987 Supp. 22-4507 and 22-4522; effective May 1, 1984; revoked, T-105-6-13-88, June 13, 1988; re- voked Oct. 31, 1988.)

Proration. (a) The payment of at- torney claims may be prorated by the board if the board determines that funding in any fiscal year is insufficient to pay all claims in full. (b) Prior to a decision by the board to prorate claims pursuant to K.S.A. 22-4507(c) and K.A.R. 105-9-5(…

(Authorized by and implementing K.S.A. 1983 Supp. 74-5616; effective, T-84-31, Nov. 22, 1983; effective May 1, 1984; amend- ed May 1, 1985; revoked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.) 106-1-4, 106-1-5, and 106-1-6. (Au- thorized by and implementing K.S.A. 1983 S…

Generaldefinitions.(a)“Applicant” means a person seeking certification as an officer. (b) “Appointing authority” means a person or group of persons empowered by a statute, local ordinance, or other lawful authority to make hu- man resource decisions that affect the employ- ment o…

Certain misdemeanors consti- tuting grounds for disqualification of appli- cants. Pursuant to K.S.A. 74-5605 and amend- ments thereto, an applicant shall not have had a conviction for misdemeanor theft, as defined in K.S.A. 2011 Supp. 21-5801 and amendments thereto, occurring wit…

Certain misdemeanors con- stituting grounds for denial or discipline. (a) Pursuant to K.S.A. 74-5616 and amendments thereto, an applicant or officer shall not engage in conduct, whether or not charged as a crime or resulting in a conviction, that would constitute any of the follo…

Unprofessional conduct. “Unpro- fessional conduct,” pursuant to K.S.A. 74-5616 and amendments thereto, means any of the following: (a) Willfully or repeatedly violating one or more regulations promulgated by the commission; (b) having had a license, certification, or other creden…

Good moral character. (a) “Good moral character,” pursuant to K.S.A. 74-5605 and amendments thereto, shall include the following personal traits or qualities: (1) Integrity; (2) honesty; (3) upholding the laws of the state and nation; (4) conduct that warrants the public trust; a…

Provisional certificate condi- tioned on attendance at next available basic training course. Each provisional certificate is- sued to an officer newly appointed or elected on a provisional basis shall be conditioned upon the of- ficer’s attendance at the next available basic trai…

Provisional certification; work- ing as officer during basic training course. Each officer who has been granted provisional cer- tification shall work as an officer while enrolled and attending a basic training course only as required by the course curriculum, except whenever the…

Standards for approval of psy- chological testing. (a) Each assessment of an applicant for certification that is performed to determine the absence of a mental or personal- ity disorder shall, at a minimum, include a psy- chological test that is generally accepted in the communit…

Verification of high school equiv- alence. Verification of “the equivalent of a high school education,” pursuant to K.S.A. 74-5605 and amendments thereto, shall mean any of the following: (a) A general education development (GED) credential; (b) proof of program completion and ho…

Determinationofworkhoursfor part-time certification. Calculation of the num- ber of work hours for part-time certification of an officer shall be based on a calendar year and shall include the total cumulative number of hours that the officer worked for each appointing authori- t…

Oath required for certification. As a condition to certification as an officer, each applicant shall swear or affirm the following: “On my honor, I will never betray my badge, my in- tegrity, my character, or the public trust. I will al- 154 PEACE OFFICERS’ STANDARDS AND TRAINING…

Approval of training schools. Each training school offering a basic training course shall meet the requirements of this reg- ulation for approval by the commission: (a) Each training school shall be certified by the director of police training. The administrator of each training …

(Authorized by and implementing K.S.A. 1984 Supp. 74-5603 and 74-5604a; effec- tive, T-85-5, Feb. 21, 1984; effective May 1, 1985; amended May 1, 1986; revoked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.)

(Authorized by K.S.A. 1984 Supp. 74-5603 and 74-5604a; implementing K.S.A. 1984 Supp. 74-5607a, 74-5605, 74-5604a, and K.S.A. 74-5608a; effective, T-85-5, Feb. 21, 1984; effec- tive May 1, 1985; amended May 1, 1986; revoked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.)

(Authorized by K.S.A. 1984 Supp. 74-5604a and 74-5603; implementing K.S.A. 1984 Supp. 74-5604a; effective, T-85-5, Feb. 21, 1984; effective May 1, 1985; amended May 1, 1986; re- voked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.)

(Authorized by K.S.A. 1984 Supp. 74-5603 and 74-5604a; implementing K.S.A. 1984 Supp. 74-5604a; effective, T-85-5, Feb. 21, 1984; effective May 1, 1985; amended May 1, 1986; re- voked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.)

(Authorized by K.S.A. 1983 Supp. 74-5603 and 74-5604a; implementing K.S.A. 1983 Supp. 74-5603, 74-5607a and 74-5604a; effective, T-85-5, Feb. 21, 1984; effective May 1, 1985; re- voked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.)

(Authorized by and implementing K.S.A. 1984 Supp. 74-5607a; effective, T-85-5, Feb. 21, 1984; effective May 1, 1985; amend- ed May 1, 1986; revoked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.) EVALUATION

(Authorized by K.S.A. 1984 Supp. 74-5603 and 74-5604a; implementing K.S.A. 1984 Supp. 74-5604a, K.S.A. 1984 Supp. 74-5605, and K.S.A. 1984 Supp. 74-5618; effective May 1, 1985; amended May 1, 1986; revoked, T-106-6-28-12, July 1, 2012; revoked Oct. 12, 2012.) Editor’s Note: The K…

Eligibility. (a) Definitions. Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection: (1) “Active participant” means any person en- rolled in the health care benefits program. (2) “Child” means any of the following: (A) A natu…

Student health care benefits plan. (a) Each student shall be eligible to par- ticipate in the student health care benefits com- ponent of the state health care benefits program. Eligibility and participation shall be subject to terms, conditions, limitations, exclusions, and othe…

School district employee health care benefits plan. (a) Definitions. Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection: (1) “Active participant” means any person who is enrolled in the school district plan. (2) “Child” me…

Local unit of government em- ployee health care benefits plan. (a) Defini- tions. Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection: (1) “Active participant” means any person who is enrolled in the local unit plan. (2) “C…

Definitions. Each of the follow- ing terms, as used in the board’s regulations, shall have the meaning specified in this regulation: (a) “AEMT” means advanced emergency med- ical technician. (b) “Advanced life support” and “ALS” mean the statutorily authorized activities and inte…

(Authorized by K.S.A. 65-6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; implementing K.S.A. 65- 6110 and K.S.A. 2009 Supp. 65-6111, as amended by L. 2010, ch. 119, sec. 1; effective, T-109-2-7- 11, Feb. 7, 2011; effective June 3, 2011; revoked March 1…