Kansas Administrative Code

(Authorized by and implementing L. 1996, Ch. 187, Sec. 20; effective Jan. 3, 1997; re- voked July 7, 2008.) PARTNERSHIP ACT

Uniform partnership act; filing fees. (a) The filing fees for documents filed with the secretary of state pursuant to the uniform partnership act shall be as follows: (1) Statement of partnership authority.......$ 20 (2) Statement of denial................................$ 20 (3)…

Classification of goods and ser- vices under the revised Kansas trademark act. The schedule of classes of goods and services for registration of trademarks and service marks with the secretary of state, pursuant to the revised Kansas trademark act, shall be the “international sch…

Definitions. (a) “Certificate” means a computer-based record or electronic message that at a minimum meets the following conditions: (1) Identifies the registered certification author- ity issuing the certificate; (2) names or identifies a subscriber; (3) contains the public key …

Procedure upon discontinuance of registered certification authority business. Eachregisteredcertificationauthoritythatdiscon- tinues providing registered certification authority services without making other arrangements for the preservation of the registered certification au- th…

Recovery against financial securi- ty. (a) In order to recover against a registered cer- tification authority’s surety bond, certificate of in- 488 SECRETARY OF STATE 7-41-12 surance, or other evidence of financial security, the claimant shall meet the following requirements: (1)…

Reciprocity. (a) Any registered certification authority that is licensed, registered, or otherwise under the statutory oversight of a governmental agency, as defined by the Kansas uniform electronic transactions act and amend- ments thereto, may be registered as a registered cert…

Use of subscriber information. Each registered certification authority shall use subscriber and certificate applicant information only for the purpose of performing the identifi- cation and authentication process. (Authorized by K.S.A. 16-1618; implementing K.S.A. 16-1617; effect…

State agency; compliance. Each state agency offering or providing the option of using a digital signature to persons doing business with the state agency shall meet either of the fol- lowing requirements: (a)(1) Become an LRA by executing an agree- ment with the RA, as contained …

Registration authority, local registration authority, and local registration authority’s trusted partner; compliance. Each RA, LRA, and LRA’s trusted partner shall meet the following requirements: (a) Comply with these regulations and the ITEC certificate policy when administerin…

Registration authority, local registration authority, and local registration authority’s trusted partner; general respon- sibilities. (a) Each RA, LRA, and LRA’s trusted partner shall perform that party’s duties in a man- ner that meets the following requirements: (1) Complies wi…

Registration authority, local registration authority, and local registration authority’s trusted partner; certification. Each RA, LRA, and LRA’s trusted partner shall certify on a form prescribed by the ITIMG that the RA, LRA, or LRA’s trusted partner has se- cured an individual …

Original registration; renewal; ex- piration. (a) Each original registration or renewal registration for a registered certification authority shall expire one year from the date of issuance. (b) Each renewal application for registration shall be deemed timely if the registered ce…

Registration forms.(a)Eachperson, before performing the duties of a registered certifi- cation authority, shall register with the secretary of state on forms prescribed by the secretary of state. (b) Original applications, renewal applications, and other information may be allowe…

Identification and authenti- cation; certificate security levels. Each RA, LRA, and LRA’s trusted partner shall ensure that the applicable requirements for certificate secu- rity levels specified in the ITEC certificate policy are met when conducting the I and A of a certifi- cat…

(Authorized by and implementing K.S.A. 2004 Supp. 16-1605; effective Aug. 19, 2005; revoked March 6, 2009.)

Agreements; registration au- thority; local registration authority; local registration authority’s trusted partner; cer- tificate applicant. Each RA, LRA, LRA’s trusted partner, and certificate applicant shall execute the agreements contained in the appendices of the ITEC certifi…

Picture identification creden- tials. Each facial image identification required by an RA, LRA, or LRA’s trusted partner for the purpose of I and A shall meet the minimum ac- ceptable standards used in the identification cre- dentials specified in the ITEC certificate policy for c…

Certificate; format and name. Each certificate issued by a registered CA for use by a state agency pursuant to K.S.A. 16-1605, and amendments thereto, shall be in the X.509 format and contain a distinguished name in compliance with the ITEC certificate policy. (Authorized by and …

Registered certification author- ity; ITEC certificate policy. Each person who performs the duties of a registered certification authority and issues certificates used by a state agency pursuant to K.S.A. 16-1605, and amend- ments thereto, shall comply with the ITEC cer- tificate…

Evidence of financial security. The evidence of financial security shall include, in addition to the requirements of K.S.A. 16-1617 and amendments thereto, the following: (a) The identity of the insurer or the financial institution issuing the surety bond, certificate of insuranc…

Certification practice statement. Each registered certification authority shall file with the secretary of state a certification practice statement as required by K.A.R. 7-41-3. The state- ment shall declare the practices that the registered certification authority uses in issuin…

Changes to information. Each original applicant or renewal applicant for a reg- istered certification authority shall notify the sec- retary of state about any change to its CP, CPS, or information contained in its original application or renewal application, as the CP, CPS, or i…

Recordkeeping and retention of registered certification authority documents. Each registered certification authority shall main- tain documentation of compliance with the Kan- sas uniform electronic transactions act and this article. The documentation shall include evidence demon…

Charitable organizations; regis- tration. (a) Any charitable organization required to register with the secretary of state may use the unified registration statement (URS) prescribed by the multi-state filer project in lieu of the secre- tary of state’s registration form. The URS…

Professional fund raisers; reg- istration. (a) Each professional fund raiser that purposefully directs its fund raising efforts to cit- izens of this state shall register with the secretary of state. The application for registration shall in- clude the following information: (1) …

Professional fund raisers; annual report. (a) Each professional fund raiser shall file an annual report with the secretary of state on or before July 31 each year, reflecting the profession- al fund raiser’s solicitation activities that occurred on and after July 1 of the previou…

Professional solicitors; registra- tion. (a) Each application for registration as a professional solicitor shall provide the following information: (1) The name and address of the professional solicitor; 491 Notaries Public 7-43-4 (2) the name and address of the employing pro- fe…

Changes to registration. Each reg- istered charitable organization, professional fund raiser, and professional solicitor shall notify the secretary of state in writing of any material change in the registration that occurs after filing the regis- tration. Each notice of change sh…

Definitions. As used in this article, the following terms shall have the meanings spec- ified in this regulation: (a) “Digital signature” has the meaning speci- fied in K.S.A. 16-1602, and amendments thereto. (b) “Electronic” has the meaning specified in K.S.A. 16-1602, and amend…

Registration requirements. Each individual who wants to become an electronic no- tary shall meet the following requirements: (a) Complete a course of instruction approved by the secretary of state; (b) pass an examination approved by the secre- tary of state on the course of inst…

Notarization requirements. (a) Each electronic notary shall use a digital signature when performing any electronic notarization. Be- fore performing any electronic notarization, each electronic notary shall take reasonable steps to en- sure that the digital certificate used to cr…

Personal appearance require- ment. Notwithstanding any security measures used in performing any electronic notarization, an electronic notary public shall not perform any electronic notarial act if the principal does not appear in person before the electronic notary at the time o…

Form of evidence of authentici- ty of electronic notarial act. If electronic evi- dence of the authenticity of the official signature and seal of an electronic notary of this state is required on any notarized electronic document transmitted to another state or nation, the elec- …

Applicability of statutes. Except as otherwise provided in these regulations, the pro- visions of K.S.A. 53-101 et seq., and amendments thereto, governing notaries public and K.S.A. 16-1601 et seq., and amendments thereto, gov- erning electronic transactions shall apply to each e…

Definitions. As used in this article, the following terms shall have the meanings spec- ified in this regulation: (a) “Chief law enforcement officer” means the official head of a federal, state, or local law en- forcement agency. (b) “Commercial package” means a box or other cont…

Enrolling agent registration. (a) Each enrolling agent, as defined in K.S.A. 75- 452(f) and amendments thereto, shall register with the secretary of state by providing the fol- lowing information on a form prescribed by the secretary of state: (1) The name of the state agency or …

Enrolling assistant training. Each enrolling assistant identified on an enrolling agent’s registration shall complete the training provided by the secretary of state within 60 days of the fil- ing date of the enrolling agent’s registration. Any enrolling assistant may be required…

Information released to law en- forcement agencies. (a) Each law enforcement agency seeking the release of any record or infor- mation in a program participant’s file shall submit a written request on the agency’s letterhead. Each request shall include the following: (1) The date…

Forwardable mail. The mail for- warded by the secretary of state to each program participant, as defined in K.S.A. 75-452(e) and amendments thereto, shall be forwarded to the program participant at a Kansas address and shall include first-class mail pursuant to K.S.A. 75- 455(c),…

Renewal and cancellation of cer- tification. (a) Any program participant may re- new the participant’s program certification for an additional four years by filing an application with the secretary of state through an enrolling agent pursuant to K.S.A. 75-453, and amendments ther…

Voting process. (a) When initially processing an application for participation in the address confidentiality program, each enrolling assistant shall offer a voter registration form to the applicant. If the applicant chooses to com- plete the voter registration form, the enrollin…

Modified shifts for election board workers. If a county election officer chooses to allow the election board workers at a specified polling place to work at the polling place for less than the entire number of hours designated as polling hours, the county election officer shall a…

Oversight of authorized poll agents. (a) The supervising judge shall instruct each authorized poll agent appointed to the poll- ing place of all requirements pertaining to autho- rized poll agents that are issued by the county election officer or given in Kansas law. (b) If a pol…

Postelection submission of photo- graphic identification by provisional voter. (a) Any voter who has cast a provisional ballot due to a failure or refusal to provide a valid photographic identification document at the time of voting may submit a valid photographic identification …

Election board worker assess- ment of validity of photographic identifica- tion documents. (a) Each election board worker to whom a photographic identification document is presented by a voter shall assess the sufficiency and validity of that document as follows: (1) The election…

Declarations of religious objec- tion. (a) Each person who is otherwise entitled to vote and who seeks an exemption from the pho- tographic identification requirement pursuant to K.S.A. 25-2908(i)(5), and amendments thereto, shall sign and submit a declaration form concern- ing t…

Audit implementation. The re- quirements of this regulation shall not apply to 496 SECRETARY OF STATE 7-48-1 local question elections, mail-ballot elections pursuant to K.S.A. 25-431 through 25-441 and amendments thereto, or statewide constitutional amendments. (a) As used in K.S…

Vote centers; plans; report. (a) For purposes of this regulation, each of the following terms shall have the meaning specified in this sub- section: (1) “Election day” means the day for casting ballots for any national, state, county, township, city, and school primary and genera…

(Authorized by K.S.A. 47-418, 47-426; effective Jan. 1, 1966; transferred Aug. 19, 1970 to K.A.R. 9-15-1.)