Kansas Administrative Code

Notice of hearing. Upon the sched- uling of a hearing on an appeal, notice of hear- ing on a form approved by the board of review and titled notice of hearing shall be mailed by the office of appeals to the last known address of the claimant, employer, and other interested partie…

Disqualification of referees. No referee shall participate in the hearing of an ap- peal in which the referee has an interest. All chal- lenges to the interest of any referee shall be made to the referee on or before the date set for the hearing unless good cause is shown for lat…

Conduct of hearing. (a) (1) Each hearing shall be conducted informally and in such a manner as to ascertain all of the facts and the full rights of the parties. (2) The referee shall receive evidence logically tendingtoproveordisproveagivenfactinissue,in- cluding hearsay evidence…

Continuance of hearings; with- drawal of appeal. The referee may continue any hearing upon the referee’s own motion or upon written application of any party to the appeal sub- mitted to the referee no later than 1:00 p.m. on the business day before the hearing. If a party believe…

Determination of appeal. After the hearing of an appeal, the referee shall, within a reasonable time, announce findings of fact and the decision with respect to the appeal. The deci- sion shall be in writing and shall be signed by the referee. The referee shall set forth findings…

Creation and organization. Elec- tion of officers. The board of review shall annually in July elect one of its members chairperson. A vice chairperson and the officers shall serve for one year and until a successor is elected. (Autho- rized by K.S.A. 2008 Supp. 44-709(g); impleme…

Filing of appeal to the board of review. Each party appealing from a decision of a referee shall file with any representative of the division of employment a written notice of appeal within the period the law allows, stating the rea- sons for the appeal. Copies of the notice of a…

Hearing of appeals. The board of review shall accept appeals that have an appeal- able issue from any referee decision that has been timely filed. The board’s decision on the merits shall be based upon the evidence and the record made before the referee and any additional evi- de…

Additional evidence. The board of review shall, at its discretion, remand any claim or any issue involved in a claim to a referee or special hearing officer for the taking of any addi- tional evidence that the board of review deems necessary. The evidence shall be taken before th…

Decision of the board of review. The board of review shall within a reasonable time announce its findings of fact and decision with re- spect to each appeal. The decision shall be in writ- ing and signed by those members who concur with the decision. If the decision is not unanim…

Witnesses. Each witness subpoenaed for any hearing before a referee or special hearing officer shall be paid pursuant to K.S.A. 28-125 and K.S.A. 75-3203 and amendments thereto. (Autho- rized by K.S.A. 2008 Supp. 44-709(g); implement- ing K.S.A. 2008 Supp. 44-709(h); effective Ja…

Representation before referee and board of review. (a) Appearance in person. The parties may appear in person and by an attor- ney or by an authorized representative. (b) Representation by attorney. A party to the proceeding may be represented by an attorney who is regularly admi…

(Authorized by K.S.A. 1979 Supp. 44- 709(f);effectiveJan.1,1966;revokedMay1,1980.)

Service of notice. Notice of all hear- ings or proceedings required by this article shall, unless otherwise provided, be given by mail to the last known address of the parties and other inter- ested parties. (Authorized by and implementing K.S.A. 2008 Supp. 44-709(g); effective J…

Disqualification of board mem- bers. No member of the board of review shall participate in the consideration of any case in which the member has an interest. (Authorized by and implementing K.S.A. 2008 Supp. 44-709(g); effective Jan. 1, 1966; amended May 1, 1980; amended Jan. 22,…

Notice of appeal; when filed. Each notice of appeal filed in person shall be consid- ered filed on the date delivered to any employee or representative of the division of employment. Each notice of appeal filed by mail shall be con- sidered filed on the date postmarked. If the po…

Constructive filing. A notice of ap- peal not filed on time as prescribed by K.S.A. 44- 709, and amendments thereto, and these regula- tions may be considered timely filed if the referee ortheboardofreviewfindsthatthepartyappealing failed to file a timely appeal because of excusa…

Designation of rules constitut- ing prohibited employment for minors. These rules shall be known as the hazardous work, trade, or occupations which constitute prohibited em- ployment for minors under eighteen (18) years of age. (Authorized by K.S.A. 38-602; effective May 1, 1975.…

Occupations declared hazard- ous; prohibitions. No child under eighteen (18) years of age shall be at any time employed in any of the occupations declared hazardous in Kansas administrative regulations 49-1-52 through 49-1- 68. (Authorized by K.S.A. 38-602; effective May 1, 1975.…

Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components. (1) Occupations. (a) All occupations in or about any plant or es- tablishment (other than retail establishments or plants or establishments of the typ…

Occupations of motor-vehicle driver and outside helper. (1) Occupations. Except as provided in paragraph (2). The occupa- tions of motor-vehicle driver and outside helper on any public road, highway, in or about any mine (including open-pit mine or quarry), place where logging or…

Coal mine occupations. (1) Oc- cupations. All occupations in or about any coal mine, except the occupation of slate or other re- fuse picking at a picking table or picking chute in a tipple or breaker and occupations requiring the performance of duties solely in offices or in rep…

Logging occupations and occu- pations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill. (1) Exceptions applying to logging. (a) Work in offices or in repair or maintenance shops. (b) Work in the construction, operation, repair, or maintenance of l…

Occupations involved in the op- eration of power-driven woodworking ma- chines. (1) Occupations. (a) The occupation of operating power-driven woodworking machines including supervising or controlling the operation of such machines, feed- ing material into such machines, and helpi…

Occupations involving exposure to radioactive substances and to ionizing ra- diations. (1) Occupations. (a) Any work in any workroom in which: (1) Radium is stored or used in the manufacture of self-luminous compound; (2) Self-luminous compound is made, pro- cessed, or packaged; …

Occupations involved in the op- eration of elevators and other power-driven hoisting apparatus. (1) Occupations. (a) Work of operating an elevator, crane, der- rick, hoist, or high-lift truck, except operating an unattended automatic-operation passenger eleva- tor or an electric …

Occupations involved in the operation of power-driven metal forming, punching, and shearing machines. (1) Occu- pations. (a) All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and hot or cold rolling mills. (b) All pressing or punching …

Occupations in connection with mining, other than coal. (1) Occupations. (a) Work in offices, in the warehouse or sup- ply house, in the change house, in the laboratory, and in repair or maintenance shops not located underground. (b) Work in the operation and maintenance of livin…

Occupations involving slaugh- tering, meat packing or processing, or ren- dering. (1) Occupations. (a) All occupations on the killing floor, in cur- ing cellars, and in hide cellars, except the work of messengers, runners, hand-truckers, and similar occupations which require ente…

Occupations involved in the op- eration of certain power-driven bakery ma- chines. (1) Occupations. (a) The occupations of operating, assisting to operate, or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividin…

Occupations involved in the operation of certain power-driven paper- products machines. (1) Occupations. (a) Arm-type wire stitcher or stapler, circular or band saw, corner cutter, or mitering machine, corrugating and single- or double-facing machine, envelope die-cutting press, …

Occupations involved in the manufacture of brick, tile, and kindred prod- ucts. (1) Occupations. (a) All work in or about establishments in which clay construction products are manufac- tured, except: (1) Work in storage and shipping; 578 DEPARTMENT OF LABOR 49-1-65 (2) Work in o…

Occupations involved in the operation of circular saws, band saws, and guillotine shears. (1) Occupations. (a) The occupations of operator or of helper on the following power-driven fixed or portable ma- chines except machines equipped with full auto- matic feed and ejection: (1)…

Occupations involved in wreck- ing, demolition, and shipbreaking opera- tions. Definitions. The term “wrecking, demoli- tion, and shipbreaking operations” shall mean all work, including clean-up and salvage work, per- formed at the site of the total or partial razing, demolishing…

Occupations involved in roofing operations. Definitions. The term “roofing op- erations” shall mean all work performed in con- nection with the application of weatherproofing materials and substances (such as tar or pitch, asphalt-prepared paper, tile, slate, metal, trans- lucent…

Occupations in excavation oper- ations. Occupations. (1) Excavating, working in, or backfilling (refilling) trenches, except: (a) Manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point, or (b) Working in trenches that do not exceed…

Permitted occupations for 14- and 15-year-old minors in retail, food ser- vice, and gasoline service establishments. (1) Office and clerical work (including operation of office machines). (2)Cashiering,selling,modeling,artwork,work in advertising departments, window trimming and …

Prohibited occupations for 14- and 15-year-old minors in any other place of employment. (1) Any manufacturing occupation. (2) Any mining occupation. (3) Processing occupations such as filleting of fish, dressing poultry, cracking nuts, or laundering as performed by commercial lau…

Commissioner or representative to conduct election; supervisors. If a voter in- advertently spoils the ballot, he shall return the ballot to the supervisor of his polling place who shall deliver to him another ballot, preserving the spoiled ballot for the time of counting. The co…

Observers; other election par- ticipation. The collective bargaining unit and the employer may each designate a person to observe that the ballots are properly cast and voting prop- erly conducted at each voting station. There shall be not more than one observer for each party. T…

Absentees voting; limitations. A ballot will be mailed to an individual eligible to vote upon notification to the commissioner in writing of his inability because of sickness, physical disability, geographical location due to his employment, leave of absence granted by the employ…

Challenged voters; determina- tion of qualifications binding. In an election, if any person has been challenged as an unqualified 585 Jointly Conducted Union-Management Election 49-12-2 voter, he shall be permitted to vote and the super- visor of that election shall set aside the…

Commissioner elects mode of balloting. In most cases, the commissioner will not order a mail ballot election taken unless ap- proval is given by the interested parties. If in the commissioner’s determination a mail ballot is proper, he will so advise interested parties. (Au- thor…

Return of ballot; date. The com- missioner will attempt to secure the unanimous agreement of interested parties as to the date by which mail ballots must be received by the com- missioner, his representative, or a local postmas- ter. (Authorized by K.S.A. 44-816; effective Jan. 1…

Commissioner to provide bal- lots by mail. The commissioner will mail to each eligible voter at his own voting address: (a) Ballot. (b) An unmarked envelope. (c) An unstamped addressed envelope, larger than the plain envelope with a space for the vot- er’s signature. (d) A notice…

Canvassing of ballots. The re- turn envelope will be checked against the eligible voters list. The large envelopes which are found to have been signed by an eligible voter will be opened and destroyed and the unsigned enve- lope extracted. Before counting, the unmailed envelopes …

Degree of commissioner’s au- thority at stipulated elections. If a voter in- advertently spoils his ballot, he shall return the ballot to the observers of his polling place who shall deliver to him another ballot, preserving the spoiled ballot for the time of counting. The counti…

Observers qualifications; waiv- er. The collective bargaining unit and the employ- er may each designate a person to observe that the ballots are properly cast and voting properly conducted at each voting station. There shall be not more than one observer for each party. These ob…

Absentee balloting; assistance for disabled voter. A ballot will be mailed to an individual eligible to vote upon notification to the commissioner in writing of his inability because of sickness, physical disability, geographical location due to his employment, leave of absence g…

Challenged voter. In an election, if any person has been challenged as an unqual- ified voter, he shall be permitted to vote and the observers of that election shall set aside the ballot with appropriate markings. (Authorized by K.S.A. 44-816; effective Jan. 1, 1966.)