Kansas Administrative Code

(Authorized by K.S.A. 1977 Supp. 74-4909; effective May 1, 1978; revoked Sept. 10, 1999.) FIREMEN; RETIREMENT

(Authorized by K.S.A. 74-4909; ef- fective Jan. 1, 1966; amended, E-66-16, Sept. 20, 1966; amended Jan. 1, 1967; revoked Sept. 10, 1999.) 80-55-2 to 80-55-3. (Authorized by K.S.A. 74-4909; effective, E-66-16, Sept. 20, 1966; effec- tive Jan. 1, 1967; revoked Sept. 10, 1999.)

(Authorized by K.S.A. 74-4909; ef- fective, E-66-16, Sept. 20, 1966; effective Jan. 1, 1967; amended Jan. 1, 1969; revoked Sept. 10, 1999.) 80-55-5 and 80-55-6. (Authorized by K.S.A. 74-4909; effective, E-66-16, Sept. 20, 1966; effective Jan. 1, 1967; revoked, E-69-2, Oct. 17, 19…

Benefits, eligibility for, years of service. For the purpose of computing the num- ber of years of service to determine the eligibility of a member for any benefit, the years and months of credited prior service and the years and quar- ters of credited participating service shall…

Retirement allowance calcula- tion; basis of. The following procedure shall be used for the purpose of determining the basis of the retirement allowance calculation. (a) Months of prior service credited to a member shall be di- vided by 12 to arrive at the total number of years; …

(Authorized by K.S.A. 74-4909; effective, E-66-16, Sept. 20, 1966; effective Jan. 1, 1967; revoked, E-69-2, Oct. 17, 1968; revoked Jan. 1, 1969.) FIREMEN; ACTUARIAL TABLES

(Authorized by K.S.A. 74-4909; ef- fective, E-66-16, Sept. 20, 1966; effective Jan. 1, 1967; revoked, E-72-27, Sept. 29, 1972; revoked Jan. 1, 1973.)

(Authorized by K.S.A. 74-4909; ef- fective, E-66-16, Sept. 20, 1966; effective Jan. 1, 1967; amended Jan. 1, 1969; revoked, E-72-27, Sept. 29, 1972; revoked Jan. 1, 1973.) 81 Articles 81-1. Definitions of Terms. 81-2. Filing, Fees and Forms. 81-3. Licensing; Broker-Dealers and Ag…

(Authorized by K.S.A. 74-4909; effec- tive, E-66-4, April 26, 1966; effective Jan. 1, 1967; revoked Jan. 1, 1974.)

Value of workmen’s compensation benefits, determination of. (a) For the purpose of determining the value of “any workmen’s com- pensation benefits paid or payable to the recipi- ent of an accidental total disability benefit” under K.S.A. 74-4916(3) (g) to be deducted from the amo…

Annual rate of compensation. (a) “Annual rate of compensation” as used in K.S.A. 74-4927, and amendments thereto, shall mean ei- 73 Board Election 80-8-2 ther the current annual rate of pay or the amount of compensation the member earned in the last 12 months before the date of t…

Definitions. (a) “Board” means the board of trustees of the Kansas public employees retirement system (KPERS). (b) “Executive Secretary” means the executive secretary of the Kansas public employees retire- ment system (KPERS). (c) “Member” means an active or retired mem- ber of t…

Nominations. Any member who de- sires to be a candidate for election to the board may have the member’s name placed on the ballot by submitting a petition to the board that meets the following conditions. (a) Each petition shall be accompanied by the signatures of at least 100 me…

Voting. (a) Voice Response Voting. (1) Contents. (A) Candidate listings shall be prepared by the executive secretary and shall: (i) List in alphabetical sequence the names of the candidates; and (ii) contain a resume of not more than 150 words listing the qualifications of each c…

Election committee. (a) The ex- ecutive secretary shall appoint an election com- mittee of three members who shall supervise the voting process. This supervision shall include the following: (1) tallying the voice response votes; (2) opening and tallying the alternate paper bal- …

Certification. Upon receipt of the certified results of the election from the election committee, the board shall declare as elected the person receiving the highest number of votes for each vacancy. (Authorized by K.S.A. 1991 Supp. 74-4909, as amended by L. 1992, ch. 218, sec. 6…

Time computation. In computing any period of time, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Satur- day, Sunday or holiday, in which case the last…

Vacancy. In the case of a vacancy of a trustee elected by the members, the vacancy may be filled for the unexpired term by the ap- pointment of a member by the remaining trust- ees of the board, in accordance with the standards for eligibility provided in K.S.A. 74-4905(a)(2), an…

Common stock investment pro- gram. (a) The term “book value,” as used in K.S.A. 74-4921(5)(a)andamendmentsthereto,shallmean the original cost as adjusted according to generally accepted accounting principles, which shall be re- ferred to as the “adjusted original cost.” 76 PUBLIC…

Alternative investment program. (a) As used in K.S.A. 74-4921(5)(b), and amend- ments thereto, the following shall apply: (1) The “total of such alternative investments” shall mean the total value of funds actually invest- ed in alternative investments and shall not include amoun…

Definition of terms. As used in the act, these regulations, and the forms, instructions, and orders of the administrator, each of the follow- ing terms shall have the meaning specified in this regulation, unless the context indicates otherwise: (a) “The act” means the Kansas unif…

Advertising. (a) Definitions. For purposes of this regulation, the following defini- tions shall apply: (1) “Sales and advertising literature” shall mean the following, if intended for distribution to pro- spective investors: (A) Any advertisement, pamphlet, circular, bro- chure,…

(Authorized by K.S.A. 17-1270(f); effective Jan. 1, 1966; revoked May 1, 1984.)

Evidence. The presiding officer may relax the rules of evidence if it will aid in ascertaining the facts. The presiding officer shall admit hearsay evidence not otherwise admissible: (a) unless a party objects to the proffered evi- dence and states that; (1) the party knows that …

Hearing officers. (a) In any pro- ceedinginitiatedunderaprovisionoftheKansasse- curities act which requires a final determination by thecommissioner,ahearingofficermaybeappoint- ed by the commissioner to conduct the proceeding. (b) Upon the written request of a party, any in- ter…

Immunity. Any person claiming privilege against self-incrimination in matters de- scribed by K.S.A. 1984 Supp. 17-1265 shall do so personally and not by attorney or other person. No person after claiming the privilege shall be consid- ered compelled unless the claimant is first g…

Scope of administrative proce- dure regulations. (a) This article is supplemen- tal to the Kansas administrative procedures act and to administrative procedures otherwise pro- vided by the Kansas securities act. (b) If it is in the interest of promoting substan- tial justice, the…

Form of pleadings. (a) Except as otherwise provided by K.A.R. 81-2-1(d), each writ- ten request, motion, notice, and other pleading filed in any proceeding shall contain the caption “BEFORE THE SECURITIES COMMISSION- EROFTHESTATEOFKANSAS,”thetitleofthe proceeding, the docket numb…

Summary adjudicative pro- ceedings. The commissioner may grant an application, registration, certification, license, exemption or effectiveness by summary adju- dicative proceeding. (Authorized by K.S.A. 1984 Supp. 17-1270 and K.S.A. 17-1282; implement- ing K.S.A. 17-1254, as ame…

Request for hearing. (a) When the commissioner has entered any emergency or summary order or given notice of intent to issue any order, an aggrieved party may file a written request for a hearing. The request shall be filed in the office of the commissioner within 30 days of serv…

Conference adjudicative pro- ceedings. Unless an aggrieved party has request- ed a formal adjudicatory proceeding in accor- dance with K.A.R 81-11-5(b)(3) and has disputed staff allegations in accordance with K.A.R. 81- 11-5(b)(4), or unless another type of proceeding is ordered …

Appearances. (a) The filing of a request for hearing shall constitute a general ap- pearancebeforethecommissionerbytherequest- ing party and shall act as an acknowledgment that service of the order or notice was complete upon the requesting party. No special appearance shall be r…

Formal adjudicative proceed- ings. (a) Formal adjudicative proceedings shall be conducted on a trial format unless the presiding of- ficerfindsthatdeviationfromatrialformatisneces- sary to aid in ascertaining the facts or for the conve- nience of the presiding officer, a witness …

Subpoenas. (a) Subpoenas may be served upon any party or upon any controlling person of any party by serving the attorney for the party. (b) If any party or any controlling person of any party fails to testify or produce items when so subpoenaed and the presiding officer finds th…

(Authorized by K.S.A. 17-1261(h); effective, E-70-15, Feb. 4, 1970; effective Jan. 1, 1971; revoked May 1, 1983.) FOR AGENT LICENSING

(Authorized by K.S.A. 17-1270(f); effective Jan. 1, 1972; revoked May 31, 1996.) AND INVESTMENT ADVISER REPRESENTATIVES

Registration procedures for in- vestment advisers and investment adviser representatives. (a) General provisions. (1) Each applicant shall be at least 18 years of age. If the applicant is not an individual, then the directors, officers, managing partners, or manag- ing members of…

Operational requirements for investment advisers; supervisory procedures; brochure delivery. (a) Supervision of investment adviser representatives and employees. (1) Annual review. Each investment adviser shall conduct a review, at least annually, of the businesses in which the a…

Kansas private adviser ex- emption. (a) Exemption from registration. An investment adviser shall be exempt from the reg- istration requirements of K.S.A. 17-12a403, and amendments thereto, if both of the following re- quirements are met: (1) The investment adviser shall meet each…

Investment advisers, investment adviser representatives, and federal covered investment advisers; registration fees. (a) The fee for initial registration or renewal of the regis- tration of an investment adviser shall be $100. (b) The fee for initial registration or renewal of th…

(Authorized by K.S.A. 2000 Supp. 17-1270; implementing K.S.A. 2000 Supp. 17- 1253; effective Oct. 26, 2001; revoked Aug. 18, 2006.)

Recordkeeping requirements for investment advisers. (a) Definitions. For purposes of this regulation, the following defini- tions shall apply: (1) “Control” means the power to exercise a controlling influence over the management or policies of a company, unless the power is solel…

Dishonest and unethical practic- es of investment advisers, investment adviser representatives, and federal covered invest- ment advisers. (a) Unethical conduct. “Dis- honest or unethical practices,” as used in K.S.A. 17-12a412(d)(13) and amendments thereto, shall include the con…

Electronic filing for investment advisers and investment adviser representa- tives. (a) Designated entity. The IARD and CRD shall be authorized to receive and store filings and collect related fees from investment advisers and investment adviser representatives, respectively, on …

Notice filing requirements for federal covered investment advisers. (a) Ini- tial notice filing. The notice filing for a federal covered investment adviser pursuant to K.S.A. 17-12a405, and amendments thereto, shall be filed on form ADV with the IARD. A notice filing of a federal…

(Authorized by K.S.A. 2000 Supp. 17-1270; implementing K.S.A. 2000 Supp. 17- 1252(m)(2); effective Oct. 26, 2001; revoked Aug. 18, 2006.)

Custody of client funds or se- curities; safekeeping; financial reporting. (a) Definitions. For the purposes of this regulation, the following definitions shall apply: (1) “Custody” means holding, directly or indi- rectly, client funds or securities, or having any au- thority to …

Forms and adoptions by refer- ence. (a) Forms. Whenever any of these regu- lations requires the filing of any of the following forms, the filer shall use the form as issued or ap- proved by the administrator: (1) Uniform forms: FORM TITLE ADV Uniform application for investment ad…

(Authorized by K.S.A. 58-3310(a); effective, E-70-34, July 16, 1970; effective Jan. 1, 1971;amended,E-77-40,Aug.12,1976;amended Feb. 15, 1977; revoked July 1, 2011.)

(Authorized by K.S.A. 58-3310(a); effective, E-70-34, July 16, 1970; effective Jan. 1, 1971; amended Jan. 1, 1972; amended, E-77-40, Aug. 12, 1976; amended Feb. 15, 1977; revoked July 1, 2011.)