Kansas Administrative Code

Pre-application conference. A pre-application conference shall be held be- tween the prospective applicant and department of transportation staff before an application for a loan guarantee is filed. The proposed project shall be reviewed and guidance given to the prospec- tive ap…

Rail service financial assistance; loans and grants. (a) Compliance with the crite- ria in K.A.R. 36-39-1(a) shall increase the priority standing of an application for a loan or grant to be used to facilitate the financing, acquisition, or re- habilitation of railroads, facilitie…

Saddlemounts, transportation of empty trucks. Rules and safety regulations pro- mulgated by the U.S. department of transporta- tion found at 49 C.F.R. part 393.71 and in effect on October 11, 1972, are hereby adopted by ref- erence as the safety rules and regulations by the secre…

Definitions. For the purposes of the regulations in this article, the following words 251 Transportation Revolving Fund 36-40-2 and phrases shall be defined as follows: (a) “Act” means K.S.A. 75-5063 et seq., and amendments thereto. (b) “Applicant” means any governmental unit fil…

Application and supporting doc- uments. (a) An application for financial assistance from the fund may be submitted to the secretary at any time. (b) Each applicant for financial assistance for a transportation project shall submit, for the secre- tary’s review and consideration f…

Transportation project eligibili- ty. (a) For a transportation project to be eligible for financial assistance, the following require- ments shall be met: (1) The applicant shall provide the secretary with the applicant’s written assurance of the following: (A) The applicant will…

Fund use. The fund shall be used to finance or refinance approved projects, with priority given to the following types of financial assistance: (a) Loans for all or part of an ap- proved project; (b) guarantees, security, or another type of credit enhancement, or any combination …

Financial assistance agreement requirements. Each financial assistance agree- ment entered into pursuant to the act shall meet the following requirements: (a) The financial as- sistance shall not exceed the total cost of the ap- proved project. (b) The term of any financial assis…

Interest rate and servicing fees. If any of the financial assistance is required to be repaid under the terms of the financial assistance agreement, that portion of the financial assistance shall bear interest in accordance with the applica- ble financial assistance agreement, at…

Repayment of financial assis- tance. (a) Debt service shall be paid in accor- dance with the terms and conditions of the finan- cial assistance agreement. (b) If any financial assistance is prepaid in whole or in part, the prepayment shall be made in accor- dance with the terms a…

Approved project statements. (a) Each financial assistance recipient shall pro- vide the secretary, when the approved project is opened to unrestricted travel, with the written statement of the recipient’s licensed professional engineer indicating that, at the time of design, the…

Approved project costs; ac- counting requirement. Each financial assis- tance recipient shall maintain an accounting sys- tem that segregates and accumulates project costs for the approved project. Project costs may be reviewed or audited, or both, by the secretary at any time du…

Definitions. For the purposes of this article, the following words and phrases shall be defined as specified in this regulation: (a) “Ac- cess lease agreement” means a contract between the secretary and any one of the following that permits and confirms the purpose and terms of a…

Application and supporting doc- uments. (a) Any governmental entity, nongovern- mental entity, or public safety agency may submit an application for an access lease agreement un- der the act to the secretary for consideration for approval at any time. Any public safety agency may…

Access lease agreement and equipment lease agreement: restrictions and requirements. (a) No access lease agree- ment shall permit interference with or impair the existing use of the department’s communi- cation system equipment by any governmental entity, any nongovernmental enti…

Interest rate and service fees. (a) Each equipment lease agreement payment shall include an interest component based on the amortized balance of the cost of the equipment, in accordance with the amortization schedule incor- porated in the equipment lease agreement. The interest r…

Prevailing rates. (a) The rate charged to any authorized nongovernmental enti- ty pursuant to an access lease agreement shall be the prevailing rate in effect on the effective date of the access lease agreement. This rate may in- clude fees determined reasonable by the secretary …

Definitions. For the purposes of this article, the following words and phrases shall be defined as follows: (a) “Act” means K.S.A. 75- 5081 et seq., and amendments thereto. (b) “Applicant” means any governmental unit or private enterprise filing an application with the secretary …

Application and supporting doc- uments. (a) An application for financial assistance from the fund may be submitted to the secretary at any time. (b) Each applicant for financial assistance for an intermodal transportation project shall submit, for the secretary’s review and consi…

Intermodal transportation proj- ect; eligibility. (a) For an intermodal transporta- tion project to be eligible for financial assistance, the following requirements shall be met: (1) The qualified borrower shall provide the secretary with the applicant’s written assurance of the …

Fund use. The fund shall be used to financeorrefinanceapprovedprojects,withpriority given to the following types of financial assistance: (a) Loans for all or part of an approved project; (b) guarantees, security, or another type of credit enhancement, or any combination of these…

Financial assistance agreement; requirements. Each financial assistance agree- 257 36-45-1 Escort Vehicles, Service Providers, and Operators ment entered into pursuant to the act shall meet the following requirements: (a) The financial as- sistance shall not exceed the total cost…

Interest rate and servicing fees. Financial assistance that is required to be repaid under the terms of the financial assistance agree- ment shall bear interest in accordance with the applicable financial assistance agreement, at a rate set by the secretary. The financial assista…

Repayment of financial assis- tance. (a) All debt service shall be paid in accor- dance with the terms and conditions of the finan- cial assistance agreement. (b) If any financial assistance is prepaid in whole or in part, the prepayment shall be made in accor- dance with the ter…

Approved project statements. (a) Each financial assistance recipient shall pro- vide the secretary, when the approved project is opened to unrestricted travel, with the written statement of the recipient’s licensed professional engineer unqualifiedly indicating that, at the time …

Approved project costs; ac- counting requirement. Each financial assis- tance recipient shall maintain an accounting sys- tem that segregates and accumulates all project costs for the approved project. Any project costs may be reviewed or audited, or both, by the sec- retary at a…

Definitions. Each of the following terms, as used in this article of the department’s regulations, shall have the meaning specified in this regulation: 258 DEPARTMENT OF TRANSPORTATION 36-45-1 (a) “Department” and “KDOT” mean the Kan- sas department of transportation. (b) “Escort…

Determination of registration revocation or denial; registration committee. The procedures specified in this regulation shall be followed for each determination to revoke or deny any EVSP registration. (a) Determination of registration revocation or denial. (1) The registration o…

Registration. Each EVSP shall register annually with the secretary. Each regis- tration shall meet the requirements of this reg- ulation. (a) Each registration shall specify the following: (1) The name and address of the EVSP; (2) the name and address of the registered agent for …

Insurance. (a) Each EVSP shall have in effect all motor vehicle liability insurance coverage required for each EV traveling pursuant to any EVSP registration approved under this ar- ticle of the department’s regulations on the date of EVSP registration. As a prerequisite for EVSP…

Escort vehicle operator. Each EVO shall meet the following requirements be- fore operating any EV in Kansas: (a) Have a driving history without any convic- tion of driving while impaired, driving reckless, or both within 36 months before operating any EV; (b) successfully complet…

Escort vehicle. Each EVSP shall ensure that each EV that is registered to the EVSP and operated in Kansas meets the following requirements: (a) Meets all statutory requirements to operate legally on the highways; (b) has at least two axles; 260 DEPARTMENT OF TRANSPORTATION 36-45-…

Equipment. Each EVSP shall en- sure that each EV that is accompanying a load in Kansas has, at a minimum, the following equip- ment meeting the requirements specified in this regulation: (a) Communication equipment: one two-way communication device capable of transmitting and rec…

Documentation for permitted route. (a) Pretrip requirements. Each designated EVO shall ensure and document that the require- ments of this subsection are met before accompa- nying each load. (1) Planning and coordination meeting. A plan- ning and coordination meeting shall be hel…

Trip procedures. Each EVO shall follow the procedures specified in this regulation when accompanying a load in Kansas. (a) Limitation of the EV. No EV shall carry any item, object, or device that meets any of the fol- lowing conditions: (1) Exceeds the maximum sizes and weights s…

(Authorized by K.S.A. 8-1737, 74- 2004; effective Jan. 1, 1966; amended May 1, 1976; revoked, L. 1979, ch. 261, May 1, 1979.)

(Authorized by K.S.A. 8-1737; effec- tive Jan. 1, 1966; amended May 1, 1976; revoked, L. 1979, ch. 261, May 1, 1979.) ANTI-FREEZE COMPOUNDS 36-6-1 and 36-6-2. (Authorized by K.S.A. 8-901,8-903,8-906;effectiveJan.1,1966;amend- ed Jan. 1, 1971; amended Jan. 1, 1973; revoked, L. 197…

Definitions. “Stud” as used herein is a pin type device prepared for installation in the tread design of an automobile tire. It consists of a tungsten carbide core bonded to an outer casing or shell of plastic, aluminum or steel. “Stud tire” is an automobile tire fitted with stud…

Use of studded traction equip- ment permitted; definitions; limitations on use. (a) Definitions. (1) “Vehicles” shall have the meaning set forth at K.S.A. 8-1485. (2) “Highway” shall have the meaning set forth at K.S.A. 8-1424. (3) “Studded traction equipment” means any device de…

(Authorized by K.S.A. 8-599; effec- tive Jan. 1, 1966; revoked, L. 1979, ch. 261, May 1, 1979.)

(Authorized by K.S.A. 8-5,107; effec- tive Jan. 1, 1966; revoked, L. 1979, ch. 261, May 1, 1979.)

(Authorized by and implementing K.S.A. 8-1752; effective, T-83-46, Dec. 8, 1982; effective May 1, 1983; revoked Dec. 22, 1995.) 267 Articles 38-1. Establishment of Branch Offices and Relocation of Home and Branch Offices. 38-2. Agents. 38-3. Notice that Accounts or Deposits are n…

(Authorized by and implementing K.S.A. 8-1752; effective, T-83-46, Dec. 8, 1982; effective May 1, 1983; revoked Dec. 22, 1995.) 37-1-6 through 37-1-11. (Authorized by and implementing K.S.A. 8-1752; effective, E-74-65, Jan. 1, 1975; effective, E-76-48, Oct. 1, 1975; amended, E-77…

Establishment of branch offices. The application for the establishment of a new branch office shall be filed in six (6) copies with the savings and loan commissioner. The applica- tion may be in letter form and shall include or be accompanied by the following exhibits: (1) Copy o…

Relocation of home or branch offices. The application and all exhibits for the move or relocation of any previously established home office or branch office shall be filed in six (6) copies with the savings and loan commissioner. The petition may be in letter form and shall be ac…

Processing of applications for es- tablishment or relocation of a home office or branch office. Upon receipt of an application meeting the requirements for the establishment, move or relocation of a home office or branch of- fice, the commissioner shall promptly schedule a place …

Hearing. The savings and loan board shall hold a hearing on the application for estab- lishment, move or relocation of a home office or a branch office at the time and place scheduled by the commissioner. At such hearing, all interested persons shall be afforded an opportunity to…

Decision. Within ten (10) business days following completion of the hearing, the board shall issue an order either approving or disapproving the application. If the application is disapproved, the board shall state the reasons for disapproval. In the event the application is ap- …

Permission to establish branch- es. (a) A Kansas state-chartered savings and loan association may be permitted by the savings and 271 Interstate Branching 38-10-7 loan commissioner to establish branches within another state provided: (1) the establishment of the branch office wil…

Parity of branching rights. Each Kansas state-chartered association with branches inanotherstateshallbeaffordedthesamebranch- ing rights as the associations operating under a charter granted by the supervisory authorities of that state. (Authorized by and implementing 1987 HB 215…