Kansas Administrative Code

Review committee. A committee shall review the property being considered for re- moval from the collection holdings of the society. This committee shall be known as the deaccession review committee. (a) The deaccession review committee shall consist of the following profes- siona…

Types of property. Property to be considered for removal from the society’s collec- tion holdings shall be defined as follows. (a) “Du- plicate properties” means two or more tangible objects of the collection holdings that are identi- cal or nearly identical in physical character…

Procedures for removal of prop- erty from the society collection holdings. The manner of disposition of property from society collections holdings shall be in the best interests of the state historical society and the public that it serves and represents in owning the property. P…

Removal of human skeletal re- mains from the collection holdings of the state historical society. (a) As used in this rule and regulation: (1) “Property,” as defined in K.S.A. 1991 Supp. 75-2701, shall not include human skeletal remains and associated burial goods. (2) Human skel…

Definitions. For the purposes of Article 3, these terms shall have the following meanings. (a) “Boundaries of a historic property” means the limits or extent of a geographic area in- cluded in the state or national registers of historic places. (b) “Character-defining features” m…

Initiating an investigation. “The state historic preservation officer is initiat- ing an investigation, and additional information is required” response may be issued when any of these conditions is met. (a) The state historic pres- ervation officer has determined that insufficie…

“Project does not encroach” response. A “project does not encroach upon, damage, or destroy the listed historic property or its environs” response shall be issued when the state historic preservation officer determines that the proposed project meets the standards and guidelines …

“Project does encroach” re- sponse. (a) A “project does encroach upon, dam- age, or destroy the listed historic property or its environs” response shall be issued when the state historic preservation officer determines that the proposed project does not meet the standards and gui…

Executive review of project. After a governmental entity notifies the state his- toric preservation officer that the governing body has complied with K.S.A. 75-2715, et seq., and amendments thereto, and has made the proper findings, the governing body’s decision shall be reviewed…

Reconsideration of official re- sponse. In response to additional information, a new official response may be issued by the state historic preservation officer. (Authorized by K.S.A. 75-2721(b); implementing K.S.A. 75-2724; effective, T-118-5-1-98, May 1, 1998; effective Oct. 23,…

Provisions for transfer of au- thority. An agreement authorizing any city, county, or state educational institution under the control and supervision of the board of regents to make recommendations or to perform any or all of the review responsibilities of the state historic pres…

Transfer of authority agree- ment. (a) Each agreement between the state his- toric preservation officer and a city or county shall specify the following information: (1) The authority delegated; 661 Land Survey Reference Reports 118-4-3 (2) the standards for project review; (3) t…

Notice of projects directly un- dertaken by a governmental entity or sup- ported by a governmental entity. (a) Projects undertaken directly by a governmental entity or projects undertaken by a person but supported by a governmental entity, for which notice shall be given when req…

Notice of projects involving the issuance of a lease, permit, license, certifi- cate, or other entitlement for use to any per- son by a governmental entity. (a) Projects for which a governmental entity issues a lease, per- mit, license, certificate, or other entitlement for use t…

Content of notice to state his- toric preservation officer. Each governmental entity required to give notice to the state historic preservation officer under K.S.A. 75-2724, and amendments thereto, and K.A.R. 118-3-2 and K.A.R. 118-3-3, shall provide notice in accordance with thi…

Notice of revisions or modifica- tions. After the state historic preservation officer has initiated an investigation of a project, the gov- ernmental entity providing notice shall keep the state historic preservation officer informed of any revisionsormodificationstotheprojectbyf…

Notice required before project may proceed. If the state historic preservation officer determines that a project will encroach upon, damage, or destroy a listed historic prop- erty or its environs and if the appropriate govern- mental entity subsequently makes the findings requir…

Investigations without notice. If the state historic preservation officer initiates an investigation of a project that may encroach upon, damage, or destroy the environs of a historic prop- erty but for which no notice is required from a governmental entity, notice of the investi…

Standards and guidelines uti- lized by the state historic preservation offi- cer. The following standards and guidelines shall be used by the state historic preservation officer when reviewing projects. (a) “The secretary of the interior’s standards for the treatment of his- tori…

Official response. An official re- sponse shall be provided by the state historic pres- ervation officer within 30 days of receiving notice of a project. Official responses that may be issued by the state historic preservation officer may in- clude any of the following. (a) The s…

Surveys originating from pub- lic land survey corners. (a) Whenever a survey originates from a United States public land survey corner marker or any related accessory, the land surveyor shall file a reference report, as described in K.A.R. 118-4-3, with the Kansas state historica…

Endangered corners. (a) When it is likely that any activity will occur by which a United States public land survey corner marker or accessory will be altered, removed, or dam- aged, and when a person qualified to practice land surveying establishes reference points for its restor…

Reference reports. (a) The land surveyor shall file reference reports on forms provided or approved by the Kansas state histor- ical society. The land surveyor shall file a sepa- rate reference report for each township affected. Each reference report shall include the following i…

Fees. (a) The fee for filing each reference report with the Kansas state historical society, pursuant to K.A.R. 118-4-1 or 118-4-2, shall be $4.00 for each corner to which reference is made. (b)(1) The fees for information requests, pursu- ant to K.S.A. 58-2011 and amendments the…

Definitions. For the purposes of this article, these terms shall have the following meanings. (a) “Certification” means the process whereby the reviewing entity determines that a historic structure is a qualified historic structure or that a rehabilitation plan is a qualified reh…

Fees. (a) The fees specified in subsection (b) shall be charged for reviewing re- habilitation certification applications. (b) Payment shall not be made until requested by the reviewing entity. A certification decision shall not be issued on an application until the ap- propriate…

Authorizing a local government as a reviewing entity. An agreement authorizing a city or county to make recommendations and to carry out review procedures under the state re- habilitation tax credit program may be entered into by the state historic preservation officer if the sta…

Certifications. (a) Before a reha- bilitation plan may be certified by the reviewing entity as a qualified rehabilitation plan, the struc- ture shall be certified as a qualified historic struc- ture. Except as otherwise specified in these reg- ulations, part 1 of the rehabilitati…

Application. (a) Applicant criteria. Each applicant seeking the state rehabilitation tax credit shall be either the owner or long-term les- see of the property in question. Lessee expendi- tures shall qualify if the term of the lease is more than the recovery period of the buildi…

Standards for certifying a quali- fied historic structure. The following standards for certifying a qualified historic structure shall be applied by the reviewing entity. (a) Struc- tures, both income-producing and non-income- producing, for which the federal rehabilitation tax c…

Standards for certifying a qual- ified historic structure within a historic dis- trict. Each structure for which certification is sought that is located within a district listed on the register of historic Kansas places or national register of historic places shall be reviewed by…

Requirements for certifying a qualified rehabilitation plan. (a)(1) For proj- ects on structures, both income-producing and non-income-producing, for which the federal re- habilitation tax credit is not sought but for which only the state tax credit is sought, a qualified re- hab…

Rehabilitation project phases. (a) There shall be no phased projects under the state rehabilitation tax credit program. For pur- poses of the state rehabilitation tax credit pro- gram, each phase of a phased federal rehabil- itation tax credit project shall be considered a separa…

Review. (a) (1) The owner, or duly authorized representative as appropriate, may appeal any denial of certification made according to this article. Each appeal shall be submitted in writing and received by the division director of the cultural resources division of the Kansas sta…

(Authorized by and implementing K.S.A. 39-931a, as amended by L. 1994, Ch. 147, sec. 1; effective Dec. 27, 1994; revoked, T-120-8-22-05, Aug. 22, 2005; revoked Dec. 2, 2005.)

(Authorized by and implement- ing K.S.A. 39-968 and K.S.A. 65-6804; effective, T-120-8-22-05, Aug. 22, 2005; effective Dec. 2, 2005; revoked Aug. 5, 2011.) Editor’s Note: The Health Care Data Governing Board was abolished on January 1, 2006. Powers, duties and functions were tran…

Low-income credit union non-member shares. (a) Designation of low- income status. A credit union may apply to the ad- ministrator for designation as a low-income credit union. A credit union may be designated by the administrator as a low-income credit union if the administrator …

Definitions. For purposes of this article, the following definitions shall apply: (a) “Agreed-upon procedures engagement” means an engagement to report on findings based on spe- cific agreed-upon procedures performed by an independent certified public accountant. The na- ture and…

Credit union audit reporting requirements. (a) The supervisory committee of each new credit union shall be required to obtain an audit of that credit union as specified in sub- section (b) at least once during the first year of operation. (b) The supervisory committee of each est…

Definitions. For purposes of this article, the following definitions shall apply: (a) “Continuing credit union” means a credit union that continues in operation after a merger. (b)“Mergingcreditunion”meansacreditunion that ceases to exist as an operating credit union at the time …

Process for merger of credit unions. (a) Either of the following may merge into a single credit union: (1) Any two credit unions formed under the laws of this state; or (2) any credit union formed under the laws of this state and any credit union formed under the laws of any othe…

Definition. For purposes of K.S.A. 17-2221a (c) (2) and amendments thereto, “branch” shall not include any automated teller machine, remote service unit, or similar device. (Authorized by K.S.A. 17-2260 and K.S.A. 2008 Supp. 17-2221a; implementing K.S.A. 2008 Supp. 17-2221a; effe…

Contingency plan. (a) Plan estab- lishment.Eachcreditunion’sboardofdirectorsshall develop and maintain a current written contingency and business recovery plan, which shall be referred to as “the plan” in this regulation, meeting the re- quirementsofsubsection(b).Theplanshallprov…

Credit union services organi- zation (CUSO). (a) Organization. The board of directors of a credit union may invest in or make loans to a CUSO only if the CUSO is legally estab- lished under Kansas law as a corporation, a limit- ed partnership, or a limited liability company, is o…

Definitions. For the purposes of this article, the following definitions shall apply: (a) “Account” means the trust or other fiduciary relationship which has been established with the corporate credit union. (b) “Collective investment fund” means funds held by a corporate credit …

Collective investment. (a) Funds held by a corporate credit union as fiducia- ry may be invested collectively: (1) in a common trust fund maintained by the corporate credit union exclusively for the col- lective investment and reinvestment of moneys contributed to the common trus…

Location of trust documents. (a) Each corporate credit union shall maintain all records required by this article and the original governing instruments establishing a fiduciary re- lationship with the corporate credit union at one site, which shall be either: (1) the main office …

Authorization. (a) Upon applica- tion to and approval by the administrator, any cor- porate credit union may exercise fiduciary powers with respect to any trust established by or for the 676 DEPARTMENT OF CREDIT UNIONS 121-4-3 benefit of one or more shareholders of the corpo- rat…

Administration of fiduciary pow- ers. (a) The board of directors of each corporate credit union shall be responsible for the prop- er exercise of fiduciary powers by the corporate credit union. (1) The board of directors of each corporate credit union shall be responsible for all…

Books and accounts. (a) Each corporate credit union exercising fiduciary powers shall retain fiduciary records which shall be kept separate and distinct from other records of the corporate credit union. (b) Each corporate credit union shall keep an adequate record of all pending …