Kansas Administrative Code

General statements of policy for registration of securities. (a) NASAA statements of policy. Each registration statement shall meet the requirements of each NASAA statement of policy that is applicable to the issuer, registration statement, type of security, or other circumstance…

Statements of policy for specific types of securities offerings. (a) If one of the NASAA guidelines or statements of policy adopt- ed in subsection (b) applies to a securities offer- ing, the registration statement shall meet the re- quirements of the applicable NASAA guideline o…

Financial statements required for securities registration. (a) The historical finan- cial statements in each registration statement or prospectus required under the act shall be pre- sented in conformity with GAAP. In addition, each of the financial statements shall be audited by…

(Authorized by K.S.A. 1986 Supp. 17- 1270(f); implementing K.S.A. 17-1256; 17-1257; 17-1264; effective Jan. 1, 1966; amended, T-88- 29, Aug. 19, 1987; amended May 1, 1988; revoked May 31, 1996.)

(AuthorizedbyK.S.A.17-1270(f);im- plementing K.S.A. 17-1259 as amended by SB 66; effective Jan. 1, 1966; amended, E-70-15, Feb. 4, 1970; amended Jan. 1, 1971; amended, T-88-29, Aug. 19, 1987; amended May 1, 1988; revoked May 31, 1996.)

(Authorized by and implementing K.S.A. 1989 Supp. 55-604, K.S.A. 55-704, 66-106; effective Jan. 1, 1966; amended Feb. 15, 1977; amended July 23, 1990; revoked Oct. 10, 2003.)

Conducting business before the commission. (a) Unless otherwise required by law, the requirements of these regulations may be waived by the commission if good cause is shown and if it is in the public interest to do so. (b) Upon request, any person having business before the comm…

(Authorized by K.S.A. 55-604, 55- 704, 66-106; effective Jan. 1, 1966; amended Feb. 15, 1977; revoked May 1, 1985.)

Definitions. As used in these regulations, the following definitions shall apply: (a) “Applicant” means any party on whose behalf an application for authority or permission that the commission is authorized by law to grant or deny is made. (b) “Attorney” shall include any license…

Classification of public utili- ties for filing purposes. Public utilities shall be classified as follows for the purposes of filing with the commission. (a) Electric and gas utilities: (1) Class A, if the annual operating revenues are $1 million or more; and (2) class B, if the …

Office hours. All offices of the state corporation commission shall be open to the public from 8:00 a.m. to 5:00 p.m. each day other than Saturday and Sunday, except as other- wise provided by law or by order of the governor. Meetings and exercise of powers may be held at any loc…

Communications. (a) All writ- ten communications to the commission shall be addressed to the executive director of the com- mission at its Topeka office, unless otherwise specifically directed by the commission or any commissioner. (b) Except as otherwise provided in article 3 of…

Ex parte communications in non-KAPA proceedings. (a) (1) After the com- mission has determined and announced that a hearing shall be conducted in a proceeding and before the issuance of a final order, no parties to the proceeding, or their attorneys, shall discuss the merits of t…

Sessions. (a) Public sessions of the commission for hearing evidence, oral argu- ments, public conferences, and public hearings before the commission, a commissioner, or an ex- aminer shall be held at the time and place ordered by the commission. Unless otherwise provided by stat…

Dockets. Each matter coming before the commission and requiring a decision by the commission shall be known as a docket and shall receive a docket number and a descriptive title. The docket number and title shall be used on all papers filed in the docket, and shall appear in all …

(Authorized by K.S.A. 55-604, 55- 704, 66-106; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Commencement of a proceed- ing. A proceeding shall be commenced either by the filing of an application, a complaint, or a petition, or by the issuance of an order of the commission initiating a proceeding on its own mo- tion. However, an application filed by an investor- owned ut…

Copies of pleadings and pre- filed testimony. (a) Except as otherwise provid- ed in K.A.R. 82-1-231, K.A.R. 82-3-101 through K.A.R. 82-3-399, and K.A.R. 82-4-27, 82-4-28, 82- 4-29, 82-4-30, and 82-4-65, each party filing any application, complaint, prefiled testimony, or oth- er …

Service of pleadings. (a) Man- ner of service of papers. Notices, motions, plead- ings, or other papers may be served by any of the following means: (1) Hand delivery; (2) United States mail; (3) restricted mail; (4) overnight courier; (5) facsimile machine if the original of the…

Computation and extension of time. (a) Computation; legal holiday defined. In computing any period of time prescribed or al- lowed by these rules or by an applicable statute in which the method of computing such time is not otherwise specifically provided, the day of the act, eve…

Form and contents of plead- ings. All applications, formal complaints, sup- plemental complaints, amended complaints, petitions, replies, answers, protests, motions, peti- tions in intervention, and all amendments of these pleadings shall comply with the provisions of K.A.R. 82-1…

General requirements relating to pleadings and other papers. Except as oth- erwise provided in K.A.R. 82-1-231, each plead- ing shall contain the formal parts and meet the requirements specified in this regulation. (a) Caption. The caption of a pleading shall in- clude the headin…

Complaints. (a) Any person may initiate a complaint proceeding by filing a formal complaint with the commission in which the rates, joint rates, fares, tolls, charges, regulations, classi- fications, or schedules of any public utility, motor carrier, or common carrier are alleged…

Expedited review of disputes between telecommunications service pro- viders. (a) The expedited review process shall be used to resolve disputes between competing tele- communications carriers in an expeditious man- ner. Except as specifically provided in this regula- tion, the pr…

Exhibits and documentary evi- dence. (a) (1) The applicant shall file an original and at least seven copies of all exhibits and doc- umentary evidence unless otherwise provided in these regulations. (2) If an applicant is required to file with its ap- plication any map, profile, …

Confidentiality. (a) Any doc- ument, data, customer-specific contract, propri- etary information, trade secret, or other com- mercial information filed with or furnished to the Kansas corporation commission (commission) as confidential shall, in addition to the requirements set f…

(Authorized by and implement- ing K.S.A. 66-1220a; implementing K.S.A. 1997 Supp. 66-101c, K.S.A. 1997 Supp. 66-117, K.S.A. 1997 Supp. 66-151, K.S.A. 1997 Supp. 66-2010, K.S.A. 1997 Supp. 66-1,190, and K.S.A. 1997 Supp. 66-1,203; effective March 12, 1999; re- voked Oct. 10, 2003.…

Prehearing conferences; pro- cedure. (a) In any matter pending before the commission and not governed by the KAPA, the attorneys for the parties to appear before the commission for a prehearing conference may be directed by the commission at its discretion or on the request of an…

(Authorized by and implementing K.S.A. 1989 Supp. 55-604, K.S.A. 55-704, 66-106; effective Jan. 1, 1966; amended Feb. 15, 1977; re- voked July 23, 1990.)

Joinder of proceedings and parties. (a) For good cause shown, the joinder of any proceeding with another proceeding may be permitted by the commission. However, is- sues that are not germane to each other and that require separate and distinct proof shall not be joined in the sam…

Intervention. This regulation shall apply to both KAPA and non-KAPA proceed- ings. (a) The presiding officer shall grant a peti- tion for intervention if the following conditions are met: (1) The petition is submitted in writing to the presiding officer, with copies mailed to all…

Continuances and adjourn- ment. For good cause at any time, with or with- out motion, any hearing may be continued or adjourned by the commission. A hearing before 150 CORPORATION COMMISSION 82-1-227 either the commission or a hearing examiner shall commence at the time and place…

Subpoenas. (a) Subpoenas may be issued by the commission or by any commis- sioner, or by the presiding officer, upon written petition by any party to the proceeding. Every subpoena shall contain the caption of the dock- et and shall command each person to whom it is directed to a…

Hearings. (a) General provisions. Public hearings shall be held in the hearing rooms of the commission, in any district courtroom, at any other place in Kansas that the commission may deem appropriate, or at any place required by statute. All hearings before the commission shall …

Use of prefiled testimony. (a) In lieu of oral examination, the examination of witnesses may be presented or, if required by the commission or by these regulations, shall be pre- sented in written question-and-answer form. Pre- sentation of prefiled testimony may be required by t…

Hearings; evidence and proce- dure. (a) Rules of evidence. The rules of evidence as stated in article four of the Kansas code of civil procedure shall be applied by the commission at all of its hearings. However, the presiding officer may relax the rules of evidence if the presid…

Settlement agreements. (a) As used in this regulation, the following defini- tions shall apply: (1) “Settlement agreement” means an agree- ment between parties to a proceeding submitted to the commission to dispose of all or any part of the issues pending for decision. (2) “Unani…

Filing requirements for rate proceedings. (a) Each electric, gas, telecommu- nications, or water utility whose rates are under review by the commission at the request of the utility shall comply with this regulation and shall be prepared to establish, by appropriate sched- ules a…

Filing requirements for rate proceedings by rural electric distribution co- operative systems providing service to few- er than 15,000 customers. (a) In lieu of filing a rate case application according to K.A.R. 82- 1-231, any rural electric distribution cooperative with membersh…

Filing requirements for rate proceedings by electric, gas, water, and tele- communications utilities other than class A. (a) In lieu of filing a rate case application accord- ing to K.A.R. 82-1-231, electric, gas, water, and telecommunications utilities, other than class A, may e…

Orders of the commission. (a) Form and content. Unless otherwise specified, each order of the commission shall contain the following: (1) A caption that complies with the require- ments of paragraph (a)(1) of K.A.R. 82-1-219, except that the heading shall be “THE STATE CORPORATIO…

(Authorized by K.S.A. 55-604, 55- 605, 55-704, 55-706, 66-106, 66-1,117, 66-1511; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

(Authorized by K.S.A. 55-704, 66- 106, K.S.A. 1965 Supp. 55-604; effective Jan. 1, 1966; revoked May 1, 1985.)

Discovery. (a) Discovery shall be limited to matters that are clearly relevant to the proceeding involved. Discovery may be fur- ther limited by the commission or presiding offi- cer based on the discovering party’s interest and participation in the proceeding. This regulation sh…

Petitions for reconsideration; compliance with orders. (a) Any party ag- grieved by any order or decision of the commis- sion may file a petition for reconsideration before 162 CORPORATION COMMISSION 82-1-236 the commission. All petitions for reconsideration shall be filed pursua…

(Authorized by K.S.A. 17-1269, 66-106; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Investigation and hearing. (a) Any public utility, common carrier, motor car- rier, or any other party under the commission’s jurisdiction may be investigated and hearings or show cause proceedings may be ordered by the commission at any time, upon its own motion if the commissio…

Transcripts. (a) Transcripts of all testimony and proceedings may be ordered and purchased from the commission if the report- er is employed by the commission. Otherwise transcripts may be purchased directly from the reporter. Corrections to the official transcript may be made on…

Definitions. As used in this arti- cle, the following definitions shall apply: (a) “At- torney fees” means expenses incurred by an in- tervenor for an attorney with respect to a PURPA position. (b) “Compensation” means reasonable attor- neys’ fees, reasonable expert witness fees,…

General rule. In the final order of electric utility proceedings in which a PURPA issue is considered, the commission may award compensation to consumer intervenors whom it determines eligible for compensation. (Autho- rized by K.S.A. 66-106, 66-1,185; implementing K.S.A. 66-1,18…