Kansas Administrative Code

Approvals and extensions of term permits. (a) Except as specified in subsection (b), each approved term permit shall be valid for five years or less. A term permit shall not be extended for a total of more than five years, including the original approval. (b) (1) Term permits for…

Request to extend a term permit. Any term permit may be extended as provided in K.A.R 5-9-1b if the request to extend the term permit meets the following requirements: (a) Is received at least 30 days before the expiration of the term permit; (b) is signed by the holder of the te…

No water right perfected under term permit. No water right shall be perfected pursuant to a term permit. (Authorized by K.S.A. 82a-706a; implementing K.S.A. 82a-706a and 82a-712; effective Oct. 31, 2008.)

Priority. Upon receipt in the office of the chief engineer of an acceptable applica- tion for temporary permit to appropriate water, accompanied by the statutory application fee, a stamp showing the date and time of receipt shall be placed on the application form. The date and ti…

Quantity. A temporary permit shall not be granted for a quantity of water in excess of 4,000,000 gallons, except for either of the following: (a) Dewatering purposes; or (b) water that is to be diverted from a source lo- cated on a construction site and used on the con- struction…

Place of use limitation. A temporary permit shall not be granted for more than one place of use. (Authorized by K.S.A. 82a-727; ef- fective May 1, 1979.)

Point of diversion limitation. A tem- porary permit shall not be granted authorizing more than one point of diversion from any source of supply. (Authorized by K.S.A. 82a-727; effec- tive May 1, 1979.)

Approval of application. The ap- proval of an application for a temporary permit shall be by endorsement on the application by the chief engineer. The endorsement shall set forth the terms, limitations, and conditions necessary for the protection of the public interest. (Autho- r…

Extension of time. For good cause shown by the applicant the chief engineer may grant an extension of time to continue the use of water under a temporary permit beyond the date 336 DEPT. OF AGRICULTURE—DIVISION OF WATER RESOURCES 5-9-8 authorized as shown in the approval of the a…

Ownership. A temporary permit for the appropriation of water shall not be transfer- able. (Authorized by K.S.A. 82a-727; effective May 1, 1979.)

Direct expenses. (a) The direct ex- penses which shall be apportioned by the county election officer among the subdivisions of govern- ment for which elections are conducted shall be those which would not have been incurred but for the conduct of such election, and shall include:…

Indirect costs. Indirect costs which shall not be reimbursed nor apportioned shall in- clude the following: (a) Costs of regular and temporary county elec- tion office employees. (b) Charges for the use of voting machines. (c) Preparation and/or furnishing of maps. (d) Costs of r…

Information and services fee. In addition to any other fees specified in regulation or statute, the fees prescribed in the secretary of state’s “schedule of information and services fees,” dated May 27, 2010 and hereby adopted by refer- ence, shall be charged by the secretary of …

Technology communication fee. In addition to any other fees specified in regu- lation or statute, the fees prescribed in the sec- retary of state’s “schedule of technology com- 466 SECRETARY OF STATE 7-17-1 munication fees,” dated October 1, 2008 and hereby adopted by reference, …

Definitions. (a) “Address,” as used on a UCC record, means at least a city and state or a city and country. (b) “Amendment” means a UCC record that changes the information contained in a financing statement.Thistermshallincludeassignments,con- tinuation statements, and terminatio…

Deadline to refuse filing. (a) Whether reason exists to refuse a UCC record for filing shall be determined by the secretary of state notlaterthanthesecondbusinessdayafterreceipt. An accepted UCC record shall be indexed by the secretary of state within the same time period. (b) If…

Filing office data entry. (a) Infor- mation from a UCC record presented for filing shall be entered into the filing system database by the filing office exactly as it appears on the record and in accordance with the designations given by the filer, except that social security num…

Status of parties upon filing ini- tial financing statement. Upon the filing of an initial financing statement, the status of the par- ties and the status of the financing statement shall be as follows. (a) Each secured party named in an initial financing statement shall be a sec…

Status of parties upon filing an amendment. Upon the filing of an amend- ment, the status of the parties and the status of the financing statement shall be as follows. (a) An amendment that amends only the collateral de- scription or one or more addresses shall not af- fect the s…

Status of party upon filing an assignment. An assignment shall not affect the status of the financing statement or the status of the parties to the financing statement, except that each assignee named in the assignment shall be- come a secured party of record. (Authorized by L. 2…

Status of party upon filing a con- tinuation statement. (a) Upon the timely filing of one or more continuation statements, the lapse date of the financing statement shall be postponed for five years. (b) The filing of a continuation statement shall not affect the status of any pa…

Status of parties upon filing a termination statement. (a) The filing of a termi- nation statement shall not affect the status of any party to the financing statement. (b) A termination statement shall not affect the status of the financing statement, and the fi- nancing statemen…

Status of parties upon filing a correction statement. (a) The filing of a cor- rection statement shall not affect the status of any party to the financing statement. (b) A correction statement shall not affect the status of the financing statement. (Authorized by L. 2000, Ch. 142…

Deadline for filing a continu- ation statement. (a) The first day on which a continuation statement may be filed shall be six months preceding the month in which the financ- ing statement would lapse and corresponding to the date upon which the financing statement would lapse. If…

Errors in filing. (a) Any errors of the filing office in the UCC information manage- ment system may be corrected by the filing officer. A filing officer statement shall be filed by the filing officer in the UCC information management sys- tem identifying the record to which the …

Delivery of records. (a) UCC re- cords may be tendered for filing at the filing office as follows: (1) Personal delivery, at the filing office’s street address; (2) courier delivery, at the filing office’s street address; (3) postal service delivery, to the filing office’s mailin…

Notice of bankruptcy. No action shall be taken by the filing officer upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system. (Authorized by and implementing L. 2000, Ch. 142, §97; effective …

Searches. (a) A searchable index of all UCC records shall be maintained for inspec- tion by the filing officer. The index shall allow the retrieval of a record by the name of the debtor and by the file number of the initial financing state- ment, and each filed UCC record relatin…

Search logic. (a) Search results shall be produced by applying only standardized search logic to each name presented to the filing officer. Human judgment shall not play a role in determining the results of the search. The stan- dardized search logic used shall meet the follow- i…

Search reports. Reports created in response to a search request shall include the following: (a) The identification of the filing officer and the certification of the filing officer; (b) the date the report was generated; (c) the name searched; (d) the certification date and time…

Unofficial searches. Public access to a database that produces search results beyond exact name matches may be provided by the secre- tary of state. The supplemental database shall not be considered part of the standard search logic and shall not constitute an official search by …

Forms. The forms prescribed in L. 2000, Ch. 142, Sec. 92, to be codified as K.S.A. 84-9-521 and amendments thereto, and forms 467 Uniform Commercial Code 7-17-7 prescribed by the filing officer shall be the only forms accepted by the filing office. (Authorized by L. 2000, Ch. 142…

Fees. (a) The fee for filing and index- ing a paper UCC record of one to 10 pages shall be $15.00. The fee for filing and indexing addi- tional pages beyond the 10th page of a UCC record shall be charged at the rate of $1.00 per page. The fee for filing and indexing an electronic…

Methods of payment. (a) Payment in cash shall be accepted if paid in person at the filing office. (b) Personal checks, cashier’s checks, and mon- ey orders made payable to the filing office, includ- ing checks in an amount to be filled in by a filing officer but not to exceed a p…

Overpayment and underpayment of fees. (a) Each overpayment exceeding five dol- lars shall be refunded to the remitter by the filing officer. Each overpayment of five dollars or less shall be refunded to the remitter by the filing offi- cer only upon the written request of the rem…

Filing officer’s duties deemed ministerial. The duties and responsibilities of the filing officer with respect to the administration of the UCC shall be deemed ministerial. In accept- ing for filing or refusing to file a UCC record ac- cording to these regulations, none of the fo…

Notification of defects. Nothing in these regulations shall be deemed to prevent a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not the record was filed or refused for filing. How…

Defects in filing. (a) The following reasons shall not constitute grounds for the filing officer to refuse a record: (1) The UCC record contains or appears to con- tain a misspelling or other erroneous information. (2) The UCC record appears to identify a debt- or incorrectly. (3…

(Authorized by and implementing L. 1996, Ch. 178, Sec. 3(d); effective, T-7-7-1-96, July 1, 1996; effective Oct. 18, 1996; revoked Oct. 1, 2004.)

(Authorized by and implementing L. 1996, Ch. 178, Sec. 3(l); effective, T-7-7-1-96, July 1, 1996; effective Oct. 18, 1996; revoked Oct. 1, 2004.)

(Authorized by L. 1996, Ch. 178, Sec. 15; implementing L. 1996, Ch. 178, Sec. 7; effec- tive, T-7-7-1-96, July 1, 1996; effective Oct. 18, 1996; revoked Oct. 1, 2004.)

(Authorized by and implementing K.S.A. 1995 Supp. 84-9-402, and L. 1996, ch. 157, § 1; effective, T-7-7-1-94, July 1, 1994; ef- fective Oct. 24, 1994; amended June 6, 1997; revoked, T-7-7-2-01, July 2, 2001; revoked Oct. 12, 2001.)

(Authorized by and implementing K.S.A. 1995 Supp. 84-9-402, and L. 1996, ch. 157, § 1; effective, T-7-7-1-94, July 1, 1994; ef- fective Oct. 24, 1994; amended June 6, 1997; revoked, T-7-7-2-01, July 2, 2001; revoked Oct. 12, 2001.)

(Authorized by and implementing K.S.A. 1995 Supp. 84-9-402, and L. 1996, ch. 157, § 1; effective, T-7-7-1-94, July 1, 1994; ef- fective Oct. 24, 1994; amended June 6, 1997; revoked, T-7-7-2-01, July 2, 2001; revoked Oct. 12, 2001.)

(Authorized by and implementing K.S.A. 1995 Supp. 84-9-402, and L. 1996, ch. 157, § 1; effective, T-7-7-1-94, July 1, 1994; effective Oct. 24, 1994; amended Sept. 8, 1995; amended June 6, 1997; revoked, T-7-7-2-01, July 2, 2001; revoked Oct. 12, 2001.)

(Authorized by and implementing K.S.A. 1993 Supp. 84-9-402, as amended by 1994 H.B. 2693, section 2; effective, T-7-7-1-94, July 1, 1994; effective Oct. 24, 1994; revoked, T-7-7-2- 01, July 2, 2001; revoked Oct. 12, 2001.)

(Authorized by and implementing K.S.A. 1993 Supp. 84-9-402, as amended by 1994 H.B. 2693, section 2; effective, T-7-7-1-94, July 1, 1994; effective Oct. 24, 1994; revoked, T-7-7-2- 01, July 2, 2001; revoked Oct. 12, 2001.)

(Authorized by and implementing K.S.A. 84-9-402; effective June 6, 1997; revoked, T-7-7-2-01, July 2, 2001; revoked Oct. 12, 2001.) 473 Voting Equipment 7-21-4 HOURS OF ELECTIONS

Changing hours of elections. The hours that polls will be open shall be specified in the regular publication notice as provided in K.S.A. 25-105, K.S.A. 1971 Supp. 25-209, 25- 2018 (d), (e), (f) and 25-2112, and in any election notice wherein such times are required by law to be …

Storage of voting equipment. (a) As used in this article, “voting equipment” shall mean an electronic or electromechanical voting system, as defined in K.S.A. 25-4401 and amend- ments thereto, and optical scanning equipment, as defined in K.S.A. 25-4601 and amendments thereto, in…