Kansas Administrative Code

Notice on other statements, re- ports, or documents. As soon as practicable, notice may be filed by the executive director as provided in K.A.R. 19-1-8 on any person who has failed to file on the appropriate date any other statement, report or document required by rele- vant law.…

(Authorized by K.S.A. 1979 Supp. 46-253; effective, E-77-7, March 19, 1976; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1980.)

Construction. K.A.R. 19-40 to K.A.R. 19-42, inclusive, shall be liberally con- strued to accomplish the purposes of the act. (Authorized by K.S.A. 1979 Supp. 46-253; effec- tive, E-77-7, March 19, 1976; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980…

(Authorized by K.S.A. 1979 Supp. 46-253; effective, E-77-7, March 19, 1976; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1980.)

Definitions. Incorporated by ref- erence are the definitions of “express” and “appar- ent” contained in K.S.A. 46-215 et seq. (a) “Bona fide personal or business entertaining or gifts” means entertainment or gifts provided to state officers or employees or their spouses which are…

Nepotism. (a) No state officer or employee shall advocate, participate in or cause the employment, appointment, promotion, trans- fer or discipline of a member of the state officer’s or employee’s household or a family member. (b)(1) As used in this regulation, “family mem- ber” …

Contract. The term “contract” as defined by K.S.A. 46-231 shall exclude agree- ments to pay membership dues to a person or business when the primary occupation of the person or business is to provide publications and educational material to the agency or promote state interests. …

Definitions. For the purposes of this article, the following words and phrases are defined below. (a) “Blind trust” means a trust es- tablished by a state officer or state employee or the individual’s spouse for the purpose of divesti- ture of all control and knowledge of assets.…

(Authorized by K.S.A. 46-253; im- plementing K.S.A. 46-221 and 46-247; effective, E-77-7, March 19, 1976; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980; amended May 1, 1982; amended May 1, 1983; revoked May 1, 1984.)

Interests disclosed. Each state- ment which is filed pursuant to K.S.A. 1983 Supp. 46-248 shall disclose the following: (a) The state- ment shall include the name, complete address, and telephone number of the individual filing the statement. In addition, each statement shall dis…

Material errors and omissions. The following shall be considered material errors and omissions on any statement of substantial in- terests filed pursuant to this article: (a) General. (1) Failure to use form prescribed by the com- mission. (2) Incomplete identification of person …

(Authorized by K.S.A. 1980 Supp. 46-253; implementing K.S.A. 1980 Supp. 46-280; effective, E-79-24, Sept. 21, 1978; effective May 1, 1979; revoked May 1, 1981.) DISCLOSURE STATEMENTS

Definitions. For the purposes of this article, the following words and phrases have the following meanings: (a) For the purposes of K.S.A. 46-226, “rep- resentation case” shall not include participation in providing goods and services to the state, nor representation of any perso…

(Authorized by K.S.A. 46-233(b), 46-237, 46-253; effective, E-77-7, March 19, 1976; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980; revoked May 1, 1983.)

Contents of statement. (a) Each representation case disclosure statement shall contain the name, complete address, and tele- phone number of the individual filing the state- 815 Lobbying Regulation Provisions 19-60-3 ment. If the individual is a state officer or employ- ee other …

Filing of complaint. (a) Any com- plainant shall sign and file with the commission a verified complaint in writing. Assistance in draft- ingandfilingcomplaintsshallbeavailablethrough the commission and its staff. (b) If a commissioner files a complaint, that commissioner shall be…

Form and content of complaint. The complaint shall be in writing on a form ob- tained at the commission office. The original com- plaint shall be signed and verified before a notary public or other person duly authorized by law to take acknowledgments. A complaint shall contain t…

Amendment and withdrawal. The commissionorthecomplainantshallhavethepow- er to reasonably amend the complaint as a matter of right at any time before hearing thereon, and thereafter at the discretion of the presiding mem- ber. The respondent and the complainant shall be notified …

Service of complaint. A copy of the complaint and any amendments shall be prompt- ly served by the commission on the respondent. (Authorized by K.S.A. 1976 Supp. 25-4119a, 46- 253; effective, E-76-52, Oct. 24, 1975; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977.)

Respondent’s review of evidence. After a verified complaint has been filed with the commission, the respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the com- plaint; provided that those matters which do not co…

Sufficiency of complaint. Upon acceptance of a complaint for filing, the com- mission shall determine whether the complaint alleges facts, directly or upon information and be- lief, sufficient to constitute a violation of relevant law. If the complaint is found to be sufficient, …

Probable cause. At the conclusion of a preliminary investigation, the commission shall determine whether probable cause exists for believing the allegations of the complaint. The commission shall give the respondent an oppor- tunity, in person or through counsel, to submit a writ…

Preservation of records. Books, papers, documents, or records of any form which are relevant to the scope of any investigation as definedinthecomplaintshallbepreservedduring the pendency of any proceedings by all parties to the proceedings unless the commission specifical- ly ord…

Dismissal before hearing. (a) Dis- missal. If the commission finds that it lacks juris- diction or that probable cause does not exist, the complaint shall be dismissed with or without prej- udice to the respondent. (b) Service. When a complaint is dismissed before hearing, the co…

(Authorized by K.S.A. 75-4303a; ef- fective, E-77-7, March 19, 1976; effective, E-77- 20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1980.)

(Authorized by K.S.A. 1976 Supp. 75-4303a; effective, E-77-7, March 19, 1976; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1984.)

(Authorized by K.S.A. 75-4303a; implementing K.S.A. 75-4301; effective, E-77-7, March 19, 1976; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980; amended May 1, 1982; revoked May 1, 1984.) SUBSTANTIAL INTERESTS

(Authorized by K.S.A. 75-4303a; implementing K.S.A. 1980 Supp. 75-4302; effec- tive, E-77-7, March 19, 1976; effective, E-77-20, May 1, 1976; amended, E-77-47, Sept. 30, 1976; effective Feb. 15, 1977; amended May 1, 1980; amended May 1, 1982; revoked May 1, 1984.)

(Authorized by K.S.A. 75-4301, 75-4303a; effective, E-77-7, March 19, 1976; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980; revoked May 1, 1984.) REGULATION PROVISIONS

Nondisclosure and public record. (a) (1) Except as otherwise provided by relevant law and as provided in K.A.R. 19-5-5, the follow- ing shall be confidential: (A) All records, complaints, and documents of the commission and all reports filed with, submit- ted to, or made by the c…

Executive session. The commis- sion shall meet in executive session to consider those matters required by relevant law to be confidential. Attendance shall be limited to com- mission members, authorized staff, and such witnesses or other persons and their respective counsel as ar…

Communication with commission. Except as expressly permitted herein, parties and theirrepresentativesshallnotinitiateprivatecom- munications with a commissioner in regard to the case involved, nor shall commissioners privately communicate with the parties or their represen- 795 P…

(Authorized by K.S.A. 1979 Supp. 46-253; effective, E-77-7, March 19, 1976; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1980.)

Construction. K.A.R. 19-60 to K.A.R. 19-63, inclusive, shall be liberally con- strued to accomplish the purposes of the act in- cluding providing for the greatest disclosure of lobbying expenditures possible while not hinder- ing citizen involvement in the political process. (Aut…

Definitions. The following words and phrases shall have these meanings: (a) “Employer” means any of the following: (1) A person who employs another person to a considerable degree for the purpose of lobbying; (2) a person who formally appoints a person as the primary representati…

Legislative matters. (a) Gener- al. Promoting or opposing in any manner action or nonaction by the legislature on any legislative matter constitutes lobbying. Legislative matters include any bills, resolutions, nominations, or other issues or proposals pending before the legislat…

Agency rules and regulations. (a) General. Promoting or opposing in any manner the adoption or nonadoption of any rule and regulation by any state agency constitutes lobbying. “Rules and regulations” means such rules and regulations as are required by law to be filed with the sec…

(Authorized by K.S.A. 1976 Supp. 46-253; effective, E-77-7, March 19, 1976; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked June 22, 1992.)

Who must register. (a) Employed lobbyists. Each person whose employment is, to a considerable degree, for the purpose of lobbying shall register as a lobbyist. A person is employed if the person receives compensation for or in di- rect relation to lobbying regardless of the tech-…

When and where to register. Every person required to register as a lobby- ist shall register with the secretary of state on a form prescribed and provided by the commission. The registration shall be filed prior to lobbying in any calendar year. Whenever any new lobby- ing positi…

(Authorized by K.S.A. 1979 Supp. 46-253, 46-268, 46-269; effective, E-77-7, March 19, 1976; effective, E-77-20, May 1, 1976; effec- tiveFeb.15,1977;amendedMay1,1980;revoked May 1, 1984.)

When to report. (a) Reporting pe- riods. Each lobbyist shall report all expenditures allocable to that period by the 10th day of the month a report is due. (b) Allocation of expenditures. Each expendi- ture shall be allocated to the reporting period in which the debt is incurred.…

What to report. (a) Expenditures. When any lobbyist’s total expenditures for the reporting period exceed $100, the lobbyist shall report the aggregate amount of all individual ex- penditures of $2 and over made by the lobbyist and by the lobbyist’s employer, if the lobbyist is th…

Material errors or omissions. The following shall be considered material errors or omissions on any report required by this article: (a) Failure to use the form prescribed by the commission; (b) incomplete identification of the person filing; (c) failure to show the correct perio…

(Authorized by K.S.A. 1979 Supp. 46-253; effective, E-79-24, Sept. 21, 1978; effec- tive May 1, 1979; revoked May 1, 1980.)

Lobbyist’s records. Records in support of every report or statement filed shall be maintained and preserved by the lobbyist for five years from the date of filing the report or state- 820 GOVERNMENTAL ETHICS COMMISSION 19-63-6 ment and may be inspected by and under condi- tions d…

Answer. The respondent against whom a verified complaint, as the same may have been amended, is filed and on whom a notice of hearing has been served, may file a written ver- ified answer in person or through an attorney within ten (10) days from the service of the no- tice of he…

Recording and transcript. (a) Recording of proceedings. Public hearings and executive sessions shall be recorded as directed by the commission. Such record shall be the sole official record. Such recording and any transcripts from the hearing shall include a verbatim report of th…

Settlement. The petitioners or parties may stipulate for settlement of the case and the commission may issue a report and order on such stipulation. (Authorized by K.S.A. 1979 Supp. 25-4119a, 46-253; effective, E-76-52, Oct. 24, 1975; effective, E-77-20, May 1, 1976; effec- tive …

Proposals by the petitioners or parties. There may be presented by petitioners or by each of the parties, as allowed or directed by the presiding member, proposed findings and conclusions. The reasons, and proposed forms of orders may be presented also. (Authorized by K.S.A. 1979…