### Vol. 27, No. 29 July 17, 2008 Pages 1073-1104



## In this issu e... Page

Kansas Commission on Veterans’ Affairs Notice of meeting

................................................................................................................. 1075 State Banking Board Notice of change of meeting date

........................................................................................ 1075 Kansas State University—Salina Notice to bidders

.................................................................................................................. 1075 Pooled Money Investment Board Notice of investment rates

.................................................................................................... 1075 Legislative interim committee schedule

................................................................................ 1075 Kansas Department of Transportation Notices to consulting engineers

........................................................................................... 1076 University of Kansas Notice to bidders

.................................................................................................................. 1076 Secretary of State Notice of corporations forfeited

........................................................................................... 1077 Executive appointments

....................................................................................................... 1078

Historic Sites Board of Review Notice of meeting

................................................................................................................. 1079 Department of Health and Environment Notice of hearing on proposed SIP revision

........................................................................ 1080 Notice of hearings on revised TMDLs

................................................................................. 1080 Annual Program Report for the Voluntary Cleanup and Property Redevelopment Program

.................................................................................................. 1081 Annual Program Report for the Environmental Use Control Program

.............................. 1084 Notice concerning water pollution control permits/applications

........................................ 1085 City of Kingman Notice of intent to seek private placement of general obligation bonds

............................ 1087 Kansas State University Request for proposals for cellular antenna facilities

........................................................... 1087

State Conservation Commission Notice of meeting

................................................................................................................. 1088

Notice of Bond Sale City of Marquette

................................................................................................................. 1088 (continued on next page)Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 In this issue 1074 

## Kansas Register

Board of Emergency Medical Services Notice of meetings

................................................................................................................ 1089 Notice of hearing on proposed administrative regulations

................................................ 1089 Department of Revenue Notice of available publications

........................................................................................... 1089 State Board of Pharmacy Notice of hearing on proposed administrative regulations

................................................ 1090 Department of Administration—Division of Purchases Notice to bidders for state purchases

................................................................................... 1090 Temporary Administrative Regulations Real Estate Commission

....................................................................................................... 1090 State Treasurer

...................................................................................................................... 1091 Court of Tax Appeals

........................................................................................................... 1091 Permanent Administrative Regulations Department of Credit Unions

............................................................................................... 1099 Index to administrative regulations

....................................................................................... 1099

The KANSAS REGISTER (USPS 0662-190) is an official publication of the State of Kansas, published by authority of K.S.A. 75- 430. The Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies may be purchased, if available, for $2 each. Periodicals postage paid at Topeka, KS.
POSTMASTER: Send change of address form to Kansas Register, Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594.

Kansas Secretary of State 2008. Reproduction of this publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced in any form without permission.

PUBLISHED BY Ron Thornburgh Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS 66612-1594 (785) 296-4564 www.kssos.org Register Office: 1st Floor, Memorial Hall (785) 296-3489 Fax (785) 368-8024 kansasregister@kssos.orgKansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices/Interim Agenda 1075 

## Kansas Register

State of Kansas 

### Commission on Veterans’ Affairs

Notice of Meeting

The Kansas Commission on Veterans’ Affairs will meetat 1 p.m. Friday, July 25, at the Timmerman Administration Building, Kansas Veterans’ Home, 1220 WWII Memorial Drive, Winfield. The public is invited to attend. For more information, call (785) 296-3976. George S. Webb Executive Director

Doc. No. 035998

State of Kansas



### State Banking Board

Notice of Change of Meeting Date The State Banking Board meeting date for July has been changed from July 21 to July 28. The Banking Board will meet at 9 a.m. in the conference room of the Office of the State Bank Commissioner, Suite 300, Jayhawk Tower, 700 S.W. Jackson, Topeka. The board reviews matters relating to its supervisory authority as set forth in K.S.A. 9-1801et seq., and amendments thereto, and carries out its function of serving in an advisory capacity to the Office of the State Bank Commissioner, pursuant to K.S.A. 74-3006, and amendments thereto. All interested individuals and organizations are invited to attend. For more information, contact the Office of the State Bank Commissioner at (785) 296-2266. J. Thomas Thull State Bank Commissioner

Doc. No. 035989 State of Kansas 

### Kansas State University—Salina

Notice to Bidders Kansas State University at Salina is selling by sealedbid miscellaneous aircraft parts to include C-150 and Sundowner parts. For details, bid sheet, bid deadline and contact information see K-State at Salina’s Web site, http: // www.sal.ksu.edu

/ campusoffices

/ business / bid-items

/ index. html.

Rhonda Riffel Fiscal Affairs

Doc. No. 035675

State of Kansas 

### Pooled Money Investment Board

Notice of Investment Rates The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 12-1675(b)(c)(d), 75-4201(l) and 75-4209(a)(1)(B).

Effective 7-14-08 through 7-20-08

Term Rate 1-89 days 1.98% 3 months 1.70% 6 months 2.00% 1 year 2.33% 18 months 2.52% 2 years 2.56% Daniel J. Nackley Director of Investments

Doc. No. 035980

State of Kansas 

### Legislature

Interim Committee Schedule The following committee meetings have been scheduled during the period of July 18-23. Requests for accommodation to participate in committee meetings should be made at least two working days in advance of the meeting by contacting Legislative Administrative Services at (785) 296-2391 or TTY (785) 296-8430. When available, agendas can be found at http: // kslegislature.org

/ klrd.
Date Room Time Committee AgendaJuly 18 Docking 783 9:00 a.m. Joint Committee on Homeand Community-Based Services Oversight Agenda not available.

July 18 136-N 10:00 a.m. Kansas Performance Measurement Commission Organization of committee; staff background; discussion of commission goals July 22 431-N 9:30 a.m. Kansas Criminal Code Recodification Commission Subcommittee Agenda not available.

July 23 Docking 784 9:30 a.m. Kansas Criminal Code Recodification Commission Agenda not available.

Jeffrey M. Russell Director of Legislative Administrative Services

Doc. No. 036001Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices 1076 

## Kansas Register

State of Kansas 

### Department of Transportation

Notice to Consulting Engineers The Kansas Department of Transportation is seeking qualified consulting engineering firms for the project listed below. A response may be submitted by e-mai1 to neil@ksdot.org or seven signed copies of the response can be mailed to Neil Rusch, P.E., Assistant to the Director, Division of Engineering and Design, KDOT, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603- 3754. Responses shall be limited to four pages and mustbe received by noon August 7 for the consulting engineering firm to be considered.From the firms expressing interest, the Consultant Selection Committee will select a list of the most highly qualified (not less than three and not more than five) and invite them to attend an individual interview conference. At this time, the consulting firms can more thoroughly discuss their experience related to the type of project at hand and will be expected to discuss, in some detail, their approach to this project and the personnel to be assigned to the project. Firms not selected to be short-listed will be notified by letter. The Consultant Negotiating Committee, appointed bythe Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select the firm to performthe professional services required for completing the advertised project. After the selection of this firm, the remaining firms will be notified by letter of the outcome.

70-89 KA-1266-01 Shawnee County The scope of services is to develop highway concepts that provide improvements on I-70 in the area of the I-70 Polk-Quincy viaduct and select a preferred alternative. Review project area issues, regional development in thearea (riverfront and downtown Topeka), railroad impacts, adjacent projects and perform environmental studies. Regional traffic studies and analysis will be required. Public involvement will be needed for this project. The study estimated cost is $650,000 and is scheduled to be completed in two years. It is KDOT’s policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications; 2. experience of staff; 3. location of firm with respect to proposed project; 4. work load of firm; and 5. firm’s performance record.

Deb Miller Secretary of Transportation

Doc. No. 035970 State of Kansas 

### University of Kansas

Notice to BiddersThe University of Kansas encourages interested vendors to visit the University of Kansas Purchasing Services Web site at http: //

www.purchasing.ku.edu/ for a complete listing of all transactions for which KU Purchasing Services, or one of the consortia commonly utilized by KU, are seeking competitive bids. Paper postings of KU Purchasing Services bid transactions may be viewed at the Purchasing Services office located at 1246 W. Campus Road, Room 7, Lawrence, 66045, or persons may contact Purchasing Services at (785) 864-3790, by fax at (785) 864- 3454 or by e-mail at purchasing@ku.edu to request a copy of a current bid. Barry K. Swanson Associate Comptroller

/ Director of Purchasing Services

Doc. No. 035978

State of Kansas 

### Department of Transportation

Notice to Consulting Engineers The Kansas Department of Transportation is seeking qualified consulting engineering firms for the project listed below. A response may be submitted by e-mail to neil@ksdot.org or seven signed copies of the response can be mailed to Neil Rusch, P.E., Assistant to the Director, Division of Engineering and Design, KDOT, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603- 3754. Responses shall be limited to four pages and mustbe received by noon August 14 for the consulting engineering firm to be considered.From the firms expressing interest, the Consultant Selection Committee will select a list of the most highly qualified (not less than three and not more than five) and invite them to attend an individual interview conference. At this time, the consulting firms can more thoroughly discuss their experience related to the type of project at hand and will be expected to discuss, in some detail, their approach to this project and the personnel to be assigned to the project. Firms not selected to be short-listed will be notified by letter. The Consultant Negotiating Committee, appointed bythe Secretary of Transportation, will conduct the discussions with the firms invited to the individual interview conferences. The committee will select the firm to performthe professional services required for completing the advertised project. After the selection of this firm, the remaining firms will be notified by letter of the outcome.

56-106 KA-1496-01 US-56 Corridor Management Plan

(US-59 to I-35)The Kansas Department of Transportation, in partnership with Johnson County, Douglas County, Mid-America Regional Council (MARC), Lawrence-DouglasCounty Metropolitan Planning Organization, and the cities of Gardner, Edgerton and Baldwin City, is requestingKansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notice/Corporations Forfeited 1077 

## Kansas Register

proposals from qualified engineering and planning firmsfor a study that will result in a plan for corridor management, access management, circulation and land use in the U.S. Highway 56 Corridor for an approximate distance of 22 miles from US-59 on the west to I-35 on the east, and for approximately 1 mile north and south of the US-56 centerline.KDOT desires to hire a corridor management consultant (CMC) to manage the development of an access management plan, traffic circulation plan, growth and development plan, infrastructure extension plan and land use management plan. The managing consultant will develop a plan in a collaborative way among KDOT and the otherentities affected, plus landowners, commercial stakeholders and the general public. The plan shall lay out recommendations for future access management and signalization. The plans will show how the futuredevelopment anticipated along this corridor and the access to the highway and other nearby roads can be managed to accommodate this development and protect theoperational integrity of this highway in southwest Johnson County and southeast Douglas County. The plan will identify short- and long-term improvements needed to be considered for both US-56 and other nearby roads. It is KDOT’s policy to use the following criteria as the basis for selection of the consulting engineering firms: 1. Size and professional qualifications; 2. experience of staff; 3. location of firm with respect to proposed project; 4. work load of firm; and 5. firm’s performance record.

Deb Miller Secretary of Transportation

Doc. No. 036004

State of Kansas 

### Secretary of State

Notice of Corporations Forfeited
In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized underthe laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of June 2008 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code:

Domestic Corporations
Action Society for Kids, Olathe, KS. Caywood Farm, Inc., Raymond, KS. Cherokee Strip Land Rush Museum Inc., Arkansas City, KS. H & L Incorporated, Liberal, KS. Hershey Enterprises, Inc., Overland Park, KS. Kansas Alliance of Black School Educators, Inc., Wichita, KS. Kansas City Worker Justice Center, Inc., Kansas City, KS. Kansas Properties, L.L.C., Lenexa, KS. Kids With Dreams, Inc., McPherson, KS. Krannawitter Farms, Inc., Hoxie, KS. L. & L. Cycle Shop, Inc., Gaylord, KS. Lambda Chi Building Association, St. George, KS. Lucas Medical Foundation, Lucas, KS. Lutheran Social Service of Kansas and Oklahoma, Inc., Wichita, KS. M.C.E.A. of Kansas Corporation, Wichita, KS. MacPhillips, L.L.C., Olathe, KS. Maren Nelson Logan Memorial Fund, Mission, KS. Metropolitan Car Wash, Inc., Kansas City, MO. Monticello Ranch, Inc., Shawnee, KS. Nighthawks’ Coffeehouse, Inc., Overland Park, KS. Noon Optimist Club of Kansas City, Kansas, Incorporated, Kansas City, KS. O. K. Real Estate & Auction Co., Inc., Wellington, KS. Opera House Foundation, Inc., Junction City, KS. Optimist Club of Wichita, Wichita, KS. Parkside Homes, Inc., Hillsboro, KS. Peerless Conveyor and Manufacturing Corporation, Kansas City, KS. PJ Enterprise Inc., Topeka, KS. Premium Beef Network, LLC, Ashland, KS. Roberson Construction Company, Inc., Silver Lake, KS. Rocking Leven, Inc., Belleville, KS. Roger Pavkov Associates, Inc., Salina, KS. Seabury Development Society, Winfield, KS. Second Story, Inc., Wichita, KS. Shawn Sign Service Inc., Wichita, KS. State Security Services, Wichita, KS. Stoneman Enterprises Inc., Overland Park, KS. Substance Abuse Assessment Center of Kansas, Inc., Wichita, KS. The Optimist Club of Northeast Wichita, Inc., Wichita, KS. Tower Plaza Investment, LLC, Bala Cynwyd, PA. Trend Properties, Inc., Olathe, KS. United Way of Dickinson County, Inc., Abilene, KS. USA Athletes International, Inc., Olathe, KS. Veterans of Modern Warfare Chapter 1, Inc., Kansas City, MO. Wichita Black Arts Festival Association, Wichita, KS. YOM7 Inc., Spring Hill, KS.

Foreign Corporations Brady & Horne Company, Jackson, TN. Camelot Cove, Inc., Larned, KS. Global Net Access Inc., Pearl River, NY. Heart of America, Minneapolis, MN Levi Strauss Global Fulfillment Services, Inc., San Francisco, CA Morgan Stanley & Co. Incorporated, New York, NY. National Marrow Donor Program, Minneapolis, MN. National Sunroom Association, Topeka. KS. NLC, Houston, TX. Robert & Williams Inc., York, NE. Sloan Acquisition Corporation, Kansas City, MO. Southstar Funding, LLC, Atlanta, GA. Sterling Textile & Drapery, Inc., Sikeston, MO. Sunset Direct Lending, LLC, Lake Oswego, OR. Terry Land Development, Inc., Paducah. KY. The Dunlap Company - Texas, Fort Worth, TX. Tremor, LLC, Provo, UT. Trump Mortgage, LLC, New York, NY. Ron Thornburgh Secretary of State

Doc. No. 035991Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Executive Appointments 1078 

## Kansas Register

State of Kansas 

### Secretary of State

Executive Appointments Executive appointments made by the Governor, and insome cases by other state officials, are filed with the Secretary of State’s office. A complete listing of Kansas state agencies, boards and commissions, and county officials are included in the Kansas Directory, which is available on the Secretary of State’s Web site at www.kssos.org. The following appointments were recently filed with the Secretary of State:

Dickinson County Register of Deeds Jill Freeman, 1301 Meadowlane, Abilene, 67410. Succeeds Linda Jones, resigned.

State Board of Accountancy
Paul S. Allen, 2740 N. North Shore, Wichita, 67205. Term expires July 31, 2011. Reappointed. Kent Smoll, 1306 Evans Place, Dodge City, 67801. Term expires July 31, 2011. Reappointed. Kansas Agricultural Remediation Board Larry S. Shivers, Chair, 636 D E. Shipton Road, Salina, 67401. Term expires March 15, 2012. Reappointed.

Athletic Commission
Dan Pratt, 16561 Meadowlark, Bonner Springs, 66012. Term expires June 30, 2012. Reappointed.

State Banking Board Michael R. Downing, 1503 Lakeview St., Ellis, 67637.Term expires March 15, 2011. Succeeds Michael D. Stevens. Melvin Minor, 1338 N.E. 10th St., Stafford, 67578. Term expires March 15, 2011. Reappointed. Winton A. Winter, Jr., 737 Indiana, Lawrence, 66044. Term expires March 15, 2011. Reappointed.

Kansas Bioscience Authority John W. Carlin, 1208 Wyndham Heights Drive, Manhattan, 66503. Term expires March 15, 2012. Reappointment. Sandra Lawrence, 2809 W. 117th St., Leawood, 66211. Term expires March 15, 2012. Reappointment.

Central Interstate Low-Level Radioactive

Waste Commission
Shari Feist-Albrecht, 3121 S.W. Tutbury Town Road, Topeka, 66614. Serves at the pleasure of the Governor. Succeeds Joseph Harkins.

State Civil Service Board
Correne K. Greene, 7707 E. Central, #1, Wichita, 67206. Term expires March 15, 2010. Succeeds Glen Fisher. Robert B. Van Cleave, 13327 W. 113th St., OverlandPark, 66210. Term expires March 15, 2010. Succeeds William Dean.

Kansas Dental Board
Denise A. Maus, 1334 N. Coach House, Wichita, 67235. Term expires April 30, 2012. Reappointed. Dr. Richelle Jane Roy, 1561 S.W. Lakeside Drive, Topeka, 66604. Term expires April 30, 2012. Reappointed. Coordinating Council on Early Childhood

Developmental Services Dr. Linda M. Mitchell, Chairperson, 1741 N. Bryon, Wichita 67212. Term expires June 30, 2009. Reappointed. State Board of Indigents’ Defense Services
Lawrence P. Daniels, 1501 Ave. A, Dodge City, 67801. Term expires January 15, 2009. Reappointment. Information Technology Executive Council
Mark M. Biswell, 8010 S.W. 23rd Terr., Topeka, 66614. Term expires October 10, 2008. Succeeds Carol McCoy. John E. Fitzgerald, 4125 S.W. Woodbury Court North,Topeka, 66606. Term expires October 10, 2008. Reappointed. Dan Strom, 3201 W. 69th Ave., Manhattan, 66503. Term expires October 10, 2008. Reappointed. Richard L. Vogt, 524 Meadowlark Lane, Newton, 67114. Term expires October 10, 2008. Reappointed.

State Board of Nursing
Janice S. McCart, 1818 Harvey Court, Colby, 67701. Term expires June 30, 2012. Reappointed. Dr. Mary Carol Pomatto, 309 W. Craig, Pittsburg,66762. Term expires June 30, 2012. Succeeds Jean Sheverbush. Serena Stutzman, 12045 S. Homestead Lane, Olathe, 66061. Term expires June 30, 2012. Succeeds Judith Hiner.

Pooled Money Investment Board
Norman B. Dawson, 2100 Cedar Ridge Drive, Leavenworth, 66048. Term expires March 15, 2012. Reappointed. Public Employee Relations Board
Kenneth W. Gorman, 1142 S.W. Kent Place, Topeka, 66604. Term expires March 15, 2011. Reappointed.

Respiratory Care Council
Mavis Glenn, 5616 S.W. 19th St., Topeka, 66604. Term expires February 28, 2010. Succeeds Lloyd Culbertson. Grace A. Marion, 1367 E. 2076 Road, Eudora, 66025. Term expires February 28, 2010. Reappointed.

State Employee Pay Plan Oversight Committee
Jane Carter, 1301 S.W. Topeka Blvd., Topeka, 66612. Serves at the pleasure of the Governor. Kathy J. Greenlee, Secretary of Aging, 503 S. KansasAve., Topeka, 66603. Serves at the pleasure of the Governor.
Kansas State Fair Board Charles Craig, 5812 132nd Road, Winfield, 67156. Term expires March 15, 2011. Reappointed. Jeff H. Deeds, 1416 Arcade, Goodland, 67735. Term expires March 15, 2011. Reappointed. Michael Gaskill, 1505 Tulane Ct., Liberal, 67905. Term expires March 15, 2011. Reappointed.Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Exec. Appointments/Meeting 1079 

## Kansas Register

State Board of Technical Professions George P. Barbee, 83 Pepper Tree Lane, Topeka, 66611. Term expires June 30, 2012. Reappointed. Steven Brosemer, 1512 W. 6th Ave., Suite 1, Emporia, 66801. Term expires June 30, 2012. George R. Dean, 2646 Exchange Place, Wichita, 67217. Term expires June 30, 2012. Reappointed. Richard L. Moberly, 32324 W. 91st St., De Soto, 66018. Term expires June 30, 2012. Reappointed. Thomas E. Mulinazzi, 4010 Learned Hall, University of Kansas, Lawrence, 66045. Term expires June 30, 2012. Reappointed. Wendy Ornelas, 2809 Marque Hill Road, Manhattan, 66502. Term expires June 30, 2012. Timothy R. Sloan, 208 West St., Riley, 66531. Term expires June 30, 2012. Reappointed. University of Kansas Hospital Authority
Robert W. Honse, 1533 Fountain Drive, Lawrence, 66047. Term expires March 15, 2010. Reappointed. Ron Thornburgh Secretary of State

Doc. No. 035992

State of Kansas 

### Historic Sites Board of Review

Notice of Meeting

The Kansas Historic Sites Board of Review will meet at 9 a.m. Saturday, August 16, in classrooms A and B in the Kansas Museum of History on the grounds of the Kansas History Center, 6425 S.W. 6th Ave., Topeka. The board will consider the following properties for listing in the National Register of Historic Places and/or the Register of Historic Kansas Places: National Register of Historic Places

● Northeast Junior High School — 400 Troup Ave., Kansas City, Wyandotte County Nominated as part of the ‘‘Historic Public Schools of Kansas’’ MPS

● Persons Barn & Granary — 2103 Highway 18 (Zeandale Road), Manhattan vicinity, Riley CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Teske Farmstead — 20795 Major Jenkins Road, Onaga vicinity, Pottowatomie CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Elliason Barn — 147 Highway 4, Gypsum vicinity, Dickinson CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Thornburg Farm — County Road A .5 mile west of D Road, Utica vicinity, Ness CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Shafer Barn — .25 mile north of CR 80E & 50S, Hoxie vicinity, Sheridan County Nominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Brown Barn — 5879 CR4300, Independence vicinity, Montogomery CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● St. Joseph’s Church and Parochial School — 210 & 217 W. 13th St., Hays, Ellis County

● Ranson Hotel — 4918 E. Main, Medora, Reno County

● Farmers State Bank — 101 S. Main, Lindsborg, McPherson County

● Elizabeth McLean Residence - 2359 N. McLean, Wichita, Sedgwick County Nominated as part of the ‘‘Residential Resources of Wichita, Sedgwick County, KS’’ MPS

● St. John African Methodist Episcopal Church — 701 S.W. Topeka Blvd., Topeka, Shawnee County

● Graham, Seward, House — 115 Miami St., Hiawatha, Brown County

● Lion Block — 216 W. Main, Ness City, Ness County

● Shimanek Barn — 1806 220 Road, Munden, Republic CountyNominated as part of the ‘‘Historic AgricultureRelated Resources of Kansas’’ MPS

● Hanway, Judge James, House — Lane vicinity, Franklin County

● First Congregational Church — 700 Poyntz Ave., Manhattan, Riley County

● Beckett, Charles K., House — 210 W. Main St., Sterling, Rice County, KS

● Kiowa County Courthouse — 211 E. Florida, Greensburg, Kiowa County

● Robinette Building — 148 S. Main, Greensburg, Kiowa County Proposed Relocation of National Register-listed Structure

● Sand Creek Truss Leg Bedstead Bridge — Road Y, .5 mile west of intersection with Route 283, Lenora vicinity, Norton County Register of Historic Kansas Places

● Paola Free Library — 101 E. Peoria, Paola, Miami County

● Paola City Hall - 19 E.Peoria, Paola, Miami CountyPersons needing special accommodations should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th Ave., Topeka, 66615- 1099, (785) 272-8681, ext., 240, at least two weeks prior tothe meeting to discuss how the board can ensure participation. Jennie Chinn Executive Director

Doc. No. 035990Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Hearings 1080 

## Kansas Register

State of Kansas



### Department of Health and Environment

Notice of Hearing The Kansas Department of Health and Environment is proposing to revise the State of Kansas ImplementationPlan for the Attainment and Maintenance of NationalAmbient Air Quality Standards. The hearing for this action will be at 10 a.m. Wednesday, August 20, in Room530, Curtis State Office Building, 1000 S.W. Jackson, Topeka. Specifically, KDHE is proposing to adopt the Kansas Regional Haze Plan. This SIP revision fulfills the requirements of Section 169A (b)(2) of the Clean Air Act, which requires states to address the impacts of regional haze in mandatory federal Class I areas. The SIP revisioncontains the requirements for best available retrofit technology (BART) and outlines the reasonable progressgoals and long-term emissions reduction strategy to reduce visibility impairment in Class I areas of neighboring

states.This proposed SIP revision does not include any rulemaking action. Details concerning this revision can be obtained by contacting Erika Stanley, KDHE, Bureau of Air and Radiation, at (785) 296-1994. Copies of the proposedplan also may be viewed at the following locations: Department of Air Quality, Unified Government of Wyandotte County - Kansas City, Kansas Health Department,619 Ann Ave., Kansas City, Kansas; Johnson County Environmental Department, 11811 S. Sunset Drive, Suite 2700, Olathe; KDHE Northwest District Office, 2301 E. 13th, Hays; KDHE North Central District Office, 2501 Market Place, Suite D, Salina; KDHE Northeast District Office, 800 W. 24th, Lawrence; KDHE Southeast District Office, 1500 W. 7th, Chanute; Wichita-Sedgwick County Dept. of Community Health, 1900 E. 9th, Wichita; KDHE Southwest District Office, 302 W. McArtor Road, Dodge City; and Curtis State Office Building, 1000 S.W. Jackson, Suite, 310, Topeka. The plan also is posted on the Bureau of Air and Radiation’s Web site at http: // www.kdheks.gov /

bar/ index.html.Comments from the interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air and Radiation, Attention: Erika Stanley, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. Comments must be received by the Bureau of Air and Radiation not later than the close of business August 20 to assure full consideration of this proposed revision to the SIP.Any individual with a disability may request accommodation in order to participate in the public hearing andmay request the proposed plan in accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Erika Stanley at (785) 296-1994. Roderick L. Bremby Secretary of Health and Environment

Doc. No. 036003 State of Kansas 

### Department of Health and Environment

Notice of Hearings The Kansas Department of Health and Environment has prepared eight Total Maximum Daily Loads (TMDLs)for lakes in the Neosho, Verdigris and Walnut River Basins that are impaired by not meeting state water quality standards. These TMDLs address impairment issues that KDHE has identified with the help of the Basin Advisory Committees and represent the second round of TMDLs for waters in the Verdigris and Walnut basins since 2002 and the third round of TMDLs for waters in the Neosho basin since 2002 and 2005. The TMDLs subject to public review are:

Neosho Basin 1. Council Grove Lake — Eutrophication revision 2. Marion Lake — Eutrophication revision Verdigris Basin 3. Big Hill Lake — Eutrophication 4. Elk City Lake — Eutrophication bundled with siltation 5. Eureka Lake — Eutrophication bundled with siltation 6. Fall River Lake — Eutrophication bundled with siltation and dissolved oxygen 7. Toronto Lake — Eutrophication bundled with siltation and dissolved oxygen

Walnut Basin 8. Winfield City Lake — Eutrophication
Public hearings to take testimony from interested parties will be conducted as follows: Tuesday, July 22 — Walnut Basin 5 to 5:30 p.m. at the Ridge Restaurant, Winfield Wednesday, July 23 — Verdigris Basin Noon to 1 p.m. at the Housing Authority Building, Neodesha Thursday, July 24 — Neosho Basin Noon to 1 p.m. at the Coffey County Courthouse, Burlington
The first portion of the hearing will be a briefing by the Watershed Planning Section, outlining each of the TMDLs. Public comments and queries regarding these TMDLs will be taken by KDHE until August 22. After reviewing the public comments, KDHE will make any appropriate revisions to the TMDLs and will submit them to Region VII of the U.S. Environmental Protection Agency. These TMDLs are available for review at the Kansas Department of Health and Environment TMDL Web site at http: // www.kdheks.gov/

tmdl / index.htm. Additionally, copies of the TMDLs can be obtained by contacting the Bureau of Water, Watershed Planning Section, at (785) 296-6170. Requests or questions should be directed to Tom Stiles, KDHE, Watershed Planning Section, 1000 S.W. Jackson,Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notice/Program Report 1081 

## Kansas Register

Suite 420, Topeka, 66612-1367, (785) 296-6170, fax (785) 291-3266, or e-mail at tstiles@kdhe.state.ks.us.
Roderick L. Bremby Secretary of Health and Environment

Doc. No. 035600

State of Kansas



### Department of Health and Environment

Annual Program Report for the Voluntary Cleanup and Property Redevelopment Program Activities from January 1, 2007 to December 31, 2007

Background The Voluntary Cleanup and Property Redevelopment Act was enacted by the Kansas Legislature on July 1, 1997 (Kansas Statutes Annotated 65-34,161 through 65-34,174). The purpose of the Act is to allow voluntary cleanups of contaminated properties with oversight by the Kansas Department of Health and Environment to promote the transfer, redevelopment, and reuse of contaminatedproperties and protect public health and the environment. Article 71 of Kansas Administrative Regulations,specifically K.A.R. 28-71-1 through 28-71-12, was promulgated on June 26, 1998, officially establishing the Voluntary Cleanup and Property Redevelopment Program (VCPRP). The law and program are administered by theKansas Department of Health and Environment (the ‘‘Department’’). Under the VCPRP, voluntary parties with properties meeting the statutory criteria of low to medium priority and minimal risk can receive a ‘‘no further action’’ (NFA) determination from the Department. An NFA provides some protection from potential environmental liability. Properties that are adjacent to contaminated sites but did not contribute to the contamination may also receive a nofurther action determination. The VCPRP uses a streamlined approach to investigate and cleanup properties inan expeditious manner, thereby encouraging the redevelopment or enhancement of such properties. Clearly defined cleanup standards identifying the extent of cleanup have been developed and are provided to the voluntary party early in the program so that time and costs involved in cleanup can be determined. The VCPRPis truly voluntary and is designed for industries and businesses to properly address contamination on their properties through a private/state partnership. There are no additional burdens or requirements on voluntary parties participating in the program. A Memorandum of Agreement (MOA) between KDHEand Region VII of the United States Environmental Protection Agency became effective March 2, 2001. The MOA provides USEPA’s acknowledgment of the adequacy of Kansas’ VCPRP program and also provides assurances tovoluntary parties that there will be no federal involvement at properties properly addressed within the VCPRP.The additional assurance from USEPA enhances the Department’s actions in issuing an NFA determination letter in terms of relieving environmental liability. Report Summary In accordance with K.S.A. 65-34,173, the Department shall publish annually in the Kansas Register a summary of the number of applicants, the general categories of those applicants and the number of cleanups completedpursuant to this act. This annual report describes the activities accomplished by the Department in the VCPRP for the period of January 1, 2007 to December 31, 2007. Since the inception of the Voluntary Cleanup Program on July 1, 1997, the Department has received a total of 491 completed application packages of which 481 propertieshave been determined eligible to participate in the program. A total of 469 voluntary agreements have been signed. Investigations have been initiated and/or completed at 408 properties. Currently, 169 properties are in one of three cleanup phases: the preliminary proposalstage, planning stage, or the active cleanup stage. Cleanups have been successfully completed at 48 properties. To date, the Department has issued a total of 152 NFA letters, achieving cleanup of 1,671.54 acres. A total of 62 applications have been received by the VCPRP during calendar year 2007. The monthly average of new applications received by the Department during 2007 was 5 applications per month, which is an increase over the 42 applications received in 2006 (3.5 per month). The number of applications received by the VCPRP each year has generally shown a slight increase except for 2005. Although it is difficult to predict future trends, there is no apparent reason to expect the number of applications submitted per year to change significantly. NFAs are issued for properties at various points in theVCPRP process, including: 1) following cleanup of contamination; 2) following investigation that indicates no, or insignificant, contamination present; and 3) when a property is impacted but the contamination is determined to have originated from an off-property source. Since the inception of the VCPRP, approximately 15 NFAs have been issued per year. The number of NFAs issued by the Department for the 2007 calendar year was 13, which is a slight decrease relative to the overall average. Approximately 76% of the properties participating in the VCPRP are from three industrial categories, including the oil and gas industry (29% of the total), manufacturing(21%) and agri-business (26%). Participation by other categories includes commercial (12%), railroad (7%), government (2%) and private citizen (3%). Approximately 80% of all properties participating in the VCPRP involve groundwater contamination, which typically requires years to complete cleanups.Tables 1 and 2 below summarize the number of applicants, the general categories of those applicants and the number of voluntary actions completed pursuant to K.S.A. 65-34,161 through 65-34,174. Figure 1 depicts thecumulative voluntary actions within the VCPRP, and Figure 2 depicts the percentage of applications received relative to applicant category.

(continued)Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Program Report 1082 

## Kansas Register

TABLE 1 SUMMARY OF VOLUNTARY APPLICATIONS

Applicant Category Contaminant Class Category* Total Applications Class I Class II Class III Class IV

Agri-Business 0 14 46 66 126

Industry 12 12 48 29 101

Commercial 23 7 23 6 59

Oil/Gas Related 1 22 71 51 145

Governmental Entity 1 5 4 1 11

Private Citizen 7 4 2 1 14

Railroad Related 0 1 19 15 35

Class Category Total 44 65 212 170 491 

### TOTAL APPLICATIONS: 491

* Definition of Classes:
Class I - means suspected or confirmed contamination is determined to exist on the eligible property, and the eligible property is not a source of contamination or is located adjacent to a property with a known source of con tamination.
Class II - means suspected or confirmed soil contamination is determin ed to exist on the eligible pr operty, there is no known or suspected soil contamination emanating off the eligible property and there is no known or suspec ted ground water contamination.
Class III - means suspected or confirmed soil or ground water contamination, or both, is determ ined to exist on the eligible property, and there is no known or suspected soil or ground water contamination that has migrated off the eligible property. Class IV - means suspected or confirmed soil or ground water contamination, or both, and the contamination exists on and of f the eligible property.



### T A B L E 2

SUMMARY OF VOLUNTARY ACTIONS
Cumulative Voluntary Action Totals

Type of Voluntary Action 2007 2006* 2005* 2004* 2003* 2002* 2001* 2000* 1999* 1998* 1997*

Applications Denied/Withdrawn 24 13 10 10 9 5 4 2 1 1 0

Applications in Review 0 9 4 0 2 0 4 0 3 0 0

Applications Approved 481 416 376 353 300 265 219 173 100 56 6

Voluntary Agreements Signed 469 409 372 341 298 259 206 162 96 46 3

Vol. Investigations Initiated 408 362 331 306 271 230 156 114 57 19 0

Vol. Investigations Completed 255 226 208 171 133 121 83 41 23 5 0

Voluntary Cleanups Initiated 169 147 135 124 104 74 39 27 17 3 0

Voluntary Cleanups Completed 48 40 29 25 21 15 11 6 2 0 0

No Further Actions Issued ** 152 139 113 92 69 58 38 16 7 3 0 * From Annual Report to Legislature for respective year.
** Cumulative Totals Revised as of 12-31-07.Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Program Report 1083 

## Kansas Register

Roderick L. Bremby Secretary of Health and Environment

Doc. No. 035997 

### Calendar Year



## 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 0 100 200 300 400 500

Applications Approved Investigations Initiated

Investigations Completed Cleanups Initiated
Cleanups Completed No Further Action Letters 

# Figure 1 - Voluntary Actions

Agri-Bus Industry

Commercial

Pri. Citizen

RR Oil/Gas Gov



### Agri-Business 26% Industry 21%

Commercial 12% Private Citizen 3%

Railroad Related 7% Oil/Gas 29% Governmental Entity 2% 

## Figure 2 - Applicant Categories by Percentage of Parti cipationKansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Program Report 1084 

## Kansas Register

State of Kansas



### Department of Health and Environment

Annual Program Report for the Environmental Use Control Program Activities from January 1, 2007 to December 31, 2007

Background On April 21, 2003, Governor Sebelius signed House Bill 2247. This bill established the use of Environmental UseControls (EUCs) for property with environmental contamination above unrestricted use standards. The Kansas Department of Health and Environment (KDHE) workedwith a stakeholder committee in the fall of 2002 in developing the bill. This committee consisted of the following stakeholders: Kansas Association of Counties, Sierra Club, Kansas Agricultural Remediation Board, WestarEnergy, Kansas Agribusiness Retailers Association, Department of the Army, Kansas Natural Resource Council, Kansas Farm Bureau, Kansas Livestock Association, Cityof Wichita, Petroleum Marketers Association, Kansas Petroleum Council and KDHE. The bill was introduced during the 2003 Legislature and was subsequently passed by the House 111 to 12 and the Senate 34 to 0. House Bill 2247 became law on July 1, 2003. New Sections of HB 2247 are now referred to as Kansas Statutes Annotated 65-1,221 through 65-1,235.Subsequently, as required by K.S.A. 65-1,232, the secretary of KDHE adopted rules and regulations to implement the provisions of the act. KDHE presented draft regulations (K.A.R. 28-73-1 through K.A.R. 28-73-7),including the financial assurance guidance document entitled Procedures for Demonstrating Financial Assurance at Property with Environmental Use Controls to the LegislativeJoint Committee on Administrative Rules and Regulations on January 9, 2006. In response to comments received, K.A.R. 28-73-7 was modified slightly and resubmitted to the Department of Administration and theAttorney General’s office for approval. The revised regulations were published in the March 23, 2006 edition of the Kansas Register and went into effect on April 7, 2006. EUCs are commonly known as institutional controls tobe used in conjunction with environmental cleanup to restrict or prohibit human activities and property use insuch a way as to prevent or reduce exposures to contamination. Some examples of environmental use controls include preventing disturbance of soil caps, covers, berms, etc.; prohibiting the drilling of water wells for domestic or other purposes; restricting and providing notification during utility excavation of an area; restricting use of a property for residential purposes; and, restricting access to the property. The law provides a mechanism for a landowner withcontaminated property to voluntarily restrict certain activities to mitigate the risk posed to human health and the environment from contamination at their property.The landowner would apply to KDHE for such restrictions. The EUC Program is managed within the KDHE’s Bureau of Environmental Remediation (BER). Report SummaryThis annual report describes the activities accomplished by the EUC Program for the period of January 1, 2007 to December 31, 2007. In addition, as required by K.S.A. 65-1,233, KDHE will publish an annual summary in the Kansas Register of the number of approved EUC Agreements (EUCAs). During the reporting period, KDHE staff focused on further development and implementation of the EUC Program utilizing federal grant funding. Program staff routinely responded to inquiries from the industry and consultants regarding the program. In addition, programstaff routinely provided support to other KDHE programs to foster understanding of the EUC program and encourage integration of EUCs, where applicable, in thecorrective or remedial action process. Program staff attended the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Long-Term Stewardship Roundtable and Training in early April2007. In addition, program staff gave a presentation regarding the EUC program at the 2007 Kansas Environmental Conference in August 2007. During the reporting period, the application and companion fact sheet wereupdated and posted on the KDHE web site, plus a newsletter article and a program brochure were developed anddistributed to educate the general public about the program. Notably, this was a year of staffing transition with a key program staff person retiring in June 2007 and the position eventually filled in October 2007. Twenty-two EUC applications were received by KDHEfrom landowners of environmentally contaminated property in 2007 and processed in accordance with the statutes and regulations. Landowners formally recorded EUCAs with the appropriate county Register of Deeds on thirteen properties. Of the remaining EUC applications received in 2007, either final EUCAs have been sent to landowners for signature/

recording; draft EUCAs have been prepared and are in concurrence routing; or the EUC application is in various stages of the application review /completionprocess before drafting an EUCA. KDHE anticipates formal recording of many of the 2007 EUCAs in the nearfuture. In general, the agency anticipates a continued increase in EUC applications in 2008 as awareness of program benefit and utility increases.

Number of Applications Term Received *July 1, 2003, to December 31, 2003 2 January 1, 2004, to December 31, 2004 4 January 1, 2005, to December 31, 2005 16 January 1, 2006, to December 31, 2006 20 January 1, 2007, to December 31, 2007 22 (as of December 28, 2007) * Inception of the program. Roderick L. Bremby Secretary of Health and Environment

Doc. No. 035996Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notice 1085 

## Kansas Register

State of Kansas



### Department of Health and Environment
Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authorityvested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documentsare based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. Thefinal action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of thedesignated permit or termination of the designated permit.

Public Notice No. KS-AG-08-249/255 Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving

Water Kansas Dairies I, LLC dba Frontier Dairy Eric Goedhart, Managing Partner 11501 S.W. County Road 31 Syracuse, KS 67878 E/ 2 of Section 31 & SW / 4 of Section 31, T25S, R42W, Hamilton County Cimarron River

Basin

Kansas Permit No. A-CIHM-D002 Federal Permit No. KS0094366This is an expansion for an existing dairy facility. The permittee is proposing to construct an area of open lots with runoff controls to thewest of the existing dairy units and an additional commodities storage area to the east of the existing dairy units. The permittee is required to construct a collection system for the equipment wash pad. The modifications increase the current animal unit capacity of 7,150 head (9,110 animal units) to a new capacity of 16,050 head (16,440 animal units) of dairy cattle.

Name and Address of Applicant Legal Description Receiving

Water Prairie Valley Farms, LLC Theodore H. Frederick P.O. Box 208 Hugoton, KS 67951 E/ 2 of Section 28 & W / 2 of Section 33, T34S, R40W, Morton County Cimarron River

Basin

Kansas Permit No. A-CIMT-H005 Federal Permit No. KS0093181 This is a renewal permit for an existing facility for 43,200 head (17,280 animal units) of swine weighing more than 55 pounds. The swine are divided equally among the facility’s four locations - Site 208, Site 210, Site 214 and Site 216. Each location has 10 enclosed buildings. Site 208 and Site 210 share a retention control structure (RCS) and Site 214 and Site 216 share a RCS.

Name and Address of Applicant Legal Description Receiving

Water Rolling Hills Pork LLC Pete Sherlock, DVM 312 N. B St. Washington, KS 66968 SW / 4 of Section 25, T01S, R03E, Washington County Big Blue River

Basin

Kansas Permit No. A-BBWS-H008 Federal Permit No. KS0096784 This permit is being reissued to an existing swine facility with a capacity for 3,005 head (1,202 animal units) of swine more than 55 pounds and 4,050 head (405 animal units) of swine 55 pounds or less, for atotal of 1,607 animal units. There is no change in the permitted animal units from the previous permit.

Name and Address of Applicant Legal Description Receiving

Water Kenneth N. Gasper Box 131 Tipton, KS 67485 NE/ 4 of Section 35, T08S, R11W, Osborne County Solomon River

Basin

Kansas Permit No. A-SOOB-B011 This permit is being reissued for an existing facility with a maximum capacity of 250 head (125 animal units) of cattle less than 700 pounds. There is no change in the permitted animal units.

Name and Address of Applicant Legal Description Receiving

Water Joseph F. Wetter 1308 Pony Express Hwy. Marysville, KS 66508 SW / 4 of Section 30, T02S, R08E, Marshall County Big Blue River

Basin

Kansas Permit No. A-BBMS-S050 This is a reissuance of a permit for an existing facility for 520 head (208 animal units) of swine weighing greater than 55 pound and 250 head (25 animal units) of swine weighing 55 pounds or less, for a total of 233 animal units of swine.

Name and Address of Applicant Legal Description Receiving

Water Cooper Farms Dwight Cooper 743 1000 Road Edna, KS 67342 SW / 4 of Section 11, T35S, R18E, Labette County Verdigris River

Basin

Kansas Permit No. A-VELB-S001 This is a reissuance of a permit for an existing facility for 500 head (200 animal units) of swine weighing greater than 55 pounds and 200 head (20 animal units) of swine weighing 55 pounds or less, for a total of 220 animal units of swine.

Name and Address of Applicant Legal Description Receiving

Water Goertzen Farms, LLC Steven B. Goertzen, member 1040 Falcon Newton, KS 67114 SW / 4 of Section 18, T21S, R02E, Marion County Neosho River

Basin

Kansas Permit No. A-NEMN-S021 This is a reissuance of a permit for an existing facility for 738 head (295.2 animal units) of swine weighing greater than 55 pounds, 480 head (48 animal units) of swine weighing 55 pounds or less, 230 head (230 animal units) of cattle weighing greater than 700 pounds and 120 head (60 animal units) of cattle weighing less than 700 pounds, for a total of 633.2 animal units of swine and cattle.

Public Notice No. KS-Q-08-141/146

Name and Address of Applicant Receiving Stream Type of

Discharge APAC - Kansas, Inc. - Shears Division P.O. Box 1605 Hutchinson, KS 67504 Neosho River via Eagle Creek via Fourmile Creek Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-NE33-PO01 Federal Permit No. KS0086657 Legal Description: NE 1 ⁄ 4 , S3, T21S, R13E, Lyon County Facility Name: Hartford/ Nelson Quarry Facility Description: The proposed action is to reissue an existing permitfor the discharge of wastewater during quarry operation. This facility is a limestone quarry operation with some washing. All washwater is recycled via settling ponds and does not discharge. Outfalls 001and 002 consist of stormwater runoff only. The proposed permit includes generic water-quality language to protect waters of the state. Contained in the permit is a schedule of compliance requiringthe permittee to development and implement a stormwater pollution prevention plan (SWP2 Plan) within one year of the effective date of the permit. The permit requirements are pursuant to the (continued)Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notice 1086 

## Kansas Register

Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-quality based.

Name and Address of Applicant Receiving Stream Type of

Discharge Ash Grove Aggregates, Inc. P.O. Box 70 Butler, MO 64730 Marais des Cygnes River via Unnamed Tributary Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-MC18-PO05 Federal Permit No. KS0089141 Facility Name: Amsterdam / LaCygne Quarry Legal Description: NE 1 ⁄ 4 , S23, T19S, R25E, Linn County Facility Description: The proposed action is to modify an existing permitfor the discharge of wastewater during quarry operation. The modification consists of eliminating Section 34, Township 19S, Range25E, from quarry activities. All other terms, conditions and provisions of the original permit shall remain in effect.

Name and Address of Applicant Receiving Stream Type of

Discharge Herzog Contracting Corporation P.O. Box 1089 St. Joseph, MO 64507 Missouri River via Unnamed Tributary Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-MO23-PO01 Federal Permit No. KS0002780 Legal Description: NW 1 ⁄ 4 , S15, T3S, R22E, Doniphan County Facility Name: Wathena Quarry Facility Description: The proposed action is to reissue an existing permitfor the discharge of wastewater during quarry operation. This facility is a limestone quarrying and crushing operation that occasionally washes rock. Washwater is treated by two ponds in series. However, these ponds do not discharge and the washwater is recycled. Thisfacility also has four outfalls that consist of treated stormwater runoff. The proposed permit includes generic water-quality language to protect waters of the state. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-quality based.

Name and Address of Applicant Receiving Stream Type of

Discharge Mulberry Limestone Company 325 N. 260th St. Mulberry, KS 66756 Neosho River via Lightning Creek viaUnnamed Tributary Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-NE12-PO03 Federal Permit No. KS0093084 Legal Description: NW 1 ⁄ 4 , S30, T30S, R24E, Crawford County Facility Name: Pittsburg QuarryFacility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is a limestone quarrying operation with no washing. Outfall 001 consists of pit dewatering and stormwater runoff. The proposed permit includes generic water-quality language to protect waters of the state. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-quality based.

Name and Address of Applicant Receiving Stream Type of

Discharge Wade Quarries P.O. Box 38 LaCygne, KS 66080 Marais des Cygnes River via Elm Creek via Unnamed Tributary Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-MC18-PO10 Federal Permit No. KS0097322 Legal Description: S32, T19S, R23E, Linn County Facility Name: Cadmus QuarryFacility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarry operations. This facility is a limestone quarrying operation with some washing. Outfall 001 consists of treated washwater from three settling ponds in series that receive washwater and stormwater runoff from the plant area. The proposed permit contains limits for total suspended solids and pH. Contained in the permit is a schedule of compliancerequiring the permittee to develop and implement a stormwater pollution prevention plan (SWP2 Plan) within one year of the effective date of the permit. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-quality based.

Name and Address of Applicant Receiving Stream Type of

Discharge Department of Army Headquarters Directorate of Environment & Safety 407 Pershing Court Fort Riley, KS 66442-6121 Kansas River Basin Process Wastewater

Kansas Permit No. F-KS97-PO02 Federal Permit No. KS0096598 Receiving Stream: Outfall 001X1: Three Mile Creek via Forsythe Creek

Outfall 004: Three Mile Creek via Unnamed Tributary Outfall 005: Three Mile Creek via Unnamed Tributary Facility Description: The proposed action is to reissue an existing permit for an existing wastewater treatment facility. A rock borrow area (quarry) is being added to the permit, in addition to continuation of the permit for: (1) an existing Advanced Waste Water Treatment Plant (AWWTP) that treats wastewater from the Custer Hill, Main Post and Camp Forsyth areas; (2) a Central Vehicle Wash Facility(CVWF) discharging lagoon system; (3) a Multipurpose Range Complex nondischarging domestic lagoon system; and (4) industrialstormwater discharges at various locations within the base boundary. Fort Riley is a military installation consisting of activities and facilities for housing, training, and supporting trained and readyforces to meet Joint Force requirements. The AWWTP influent, consisting of domestic wastewater, vehicle maintenance area wastewater, aircraft maintenance area wastewater, silver recovery effluent from spent photo fixer, medical facility wastewater, and coolingtower heat exchanger wastewater is treated in bar screens, an oxidation ditch, two secondary clarifiers, two UV channels through two flow meters and a cascade aeration system. Sludge is directed to anaerated holding tank, a gravity belt thickener, three aerobic digesters, a digested sludge holding tank and a belt filter press. Design flow is about 2.35 mgd. Outfall 004A Custer Hill Wash Facility -Central Vehicle Wash Facility (CVWF) consists of three stages: a prewash assembly area, a bird-bath, and a post-wash area. The birdbath is connected to a two-cell concrete basin and an oil water separator. Post wash is connected to a separate concrete sediment basin. Overflow from the bird-bath and postwash basins discharges into cell #1 of the 4-cell lagoon system. The Tactical Equipment Shop (TES) wash rack systems are connected concrete basins each with an oil / water separator discharging into the old wash rack reservoir that discharges into cell #2 of the four-cell lagoon system. Outfall 005 consists of stormwater runoff from the quarry.Multipurpose Range Complex wastewater lagoon - this is a nondischarging wastewater stabilization lagoon system that treats domestic wastes from units associated with the Multipurpose Range Complex. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, oil and grease, and pH.Monitoring of total phosphorus, nitrate, nitrite, total Kjeldahl nitrogen, total nitrogen, sulfate, chloride, TPH-diesel range organics, total recoverable heavy metals, volatile organic chemicals and effluent flow also will be required. The permittee will be required to performa chronic whole effluent toxicity test annually. The permit requirements are pursuant to the Kansas Surface Water Quality Standards,K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria, and are water-quality based.

Public Notice No. KS-NQ-08-029

Name and Address of Applicant Legal Description Type of

Discharge Ellinwood Packing Plant, Inc. P.O. Box 425 Ellinwood, KS 67526 E 1 ⁄ 2 , S36, T19S, R23W, Barton County Nonoverflowing

Kansas Permit No. I-AR32-NP01 Federal Tracking No. KSJ000519 Facility Description: The proposed action is to reissue an existing permit for an existing nonoverflowing wastewater system. This facility is aKansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices/RFP 1087 

## Kansas Register

slaughterhouse and meat packing plant. A weekly average of 150 hogs and 35 cattle are slaughtered. No curing of hides is done on site. Livestock holding pens drain through an underground holding tank into a bentonite lined waste stabilization lagoon No.1. Plantprocess wastewater and domestic waste are directed through a settling tank and a lift station and also flow into lagoon No.1. Overflow from lagoon No. 1 flows into (old) lagoon No. 2. Effluent from lagoon No. 2 is pumped out to irrigate the permittee’s 10 acres of crop land. The average wastewater flow into the lagoon system is about 12,000 gpd. Permittee will be required to submit an annual land irrigation /application report. Discharge of wastewater from this treatment facility to surface waters of the state of Kansas is prohibited by this permit.

Public Notice No. KS-PT-08-010

Name and Address of Applicant Receiving Facility Type of

Discharge
Elevator Solutions International Inc. Strother Field Industrial Park Strother Field WWTP Process

Wastewater

Arkansas City, KS 67005-0987 Kansas Permit No. P-WA17-IO03 Federal Tracking No. KSP000021Facility Description: The proposed action is to reissue an existing pretreatment permit for this facility. This facility manufactures elevator cabs, doors, frames and fixtures, and mechanical door equipment.The facility operates a two-stage parts cleaning line, using a phosphating (conversion coating) process to prepare steel for paint. The proposed permit includes limits for total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, total cyanide and pH, as well as monitoring of effluent flow. The permit limits are pursuant to state and federal pretreatment requirements.

Persons wishing to comment on the draft documents and/or permit applications must submit their commentsin writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should besubmitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.All comments regarding the draft documents or application notices received on or before August 16 will be considered in the formulation of the final determinationsregarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-08-249 /255, KS-Q08-141 / 146, KS-NQ-08-029, KS-PT-08-010) and name of the applicant

/ permittee when preparing comments. After review of any comments received during thepublic notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document /application. If response to any draft document /application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). All draft documents/applications and the supporting information including any comments received are on fileand may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http: // www.kdhe.state.ks.us/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Roderick L. Bremby Secretary of Health and Environment

Doc. No. 035999

(Published in the Kansas Register July 17, 2008.)



### City of Kingman, Kansas

Notice of Intent to Seek Private Placement General Obligation Tax Increment Bond, Series 2008 Notice is hereby given that the city of Kingman, Kansas (the issuer), proposes to seek a private placement of theabove-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $425,000. The proposed sale of the bonds is in all respects subject toapproval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage ofan ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bond and the execution of various documents necessary to deliver the bonds. Dated July 10, 2008. Cindy Conrardy City Clerk

Doc. No. 036002

State of Kansas



### Kansas State University

Request for ProposalsKansas State University is seeking proposals from cellular service providers or their representatives desiring to locate cellular antenna facilities on the K-State Manhattancampus at the corner of Marlatt Avenue and Denison Avenue. The intent of the university is to enter into individual site license agreements with qualified carriers that will enable the carriers to enhance their cellular coverage on the K-State Manhattan campus and surrounding area. Qualified carriers should express interest to Carla Bishop at the K-State Purchasing Office by calling (785) 532-6214 or e-mail to cbishop@ksu.edu not later than noon August 15. Interested parties will be invited to ameeting (approximately August 22) on the K-State Manhattan campus to discuss specific details of the agreement with the university. Carla K. Bishop Director of Purchasing

Doc. No. 035993Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Meeting/Bond Sale 1088 

## Kansas Register

State of Kansas 

### State Conservation Commission

Notice of Meeting

The State Conservation Commission will conduct ajoint meeting with the Kansas Association of Conservation Districts August 4 at the Dodge House Hotel & Convention Center, 2408 W. Wyatt Earp Blvd., Dodge City.The regular business meeting of the commission will begin at approximately 8 a.m. and the joint meeting will follow. Persons requiring special accommodations should contact the commission at least three business days prior to the meeting at (785) 296-3600. Greg A. Foley Executive Director

Doc. No. 035979

(Published in the Kansas Register July 17, 2008.)

Summary Notice of Bond Sale City of Marquette, Kansas

$465,000 General Obligation Bonds, Series 2008 (General obligation bonds payable from unlimited ad valorem taxes)

Bids Subject to the notice of bond sale dated July 1, 2008, written and electronic bids will be received on behalf of the clerk of the city of Marquette, Kansas (the issuer), in the case of written bids, at the address set forth below, and in the case of electronic bids, through PARITY, until4 p.m. August 5, 2008, for the purchase of the above-referenced bonds. No bid of less than 100 percent of the principal amount of the bonds and accrued interest thereon to the date of delivery will be considered.

Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated August 15, 2008, and will become due on October 1 in the years as follows:

Year Principal

Amount 2015 $20,000 2016 20,000 2017 25,000 2018 25,000 2019 25,000 2020 30,000 2021 30,000 2022 35,000 2023 30,000 2024 35,000 2025 35,000 2026 40,000 2027 55,000 2028 60,000

The bonds will bear interest from the date thereof atrates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2009. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashier’s or certified check drawn on a bank located in the United States or a qualified financial surety bond in the amount of $9,300 (2 percent of the principal amount of the bonds). DeliveryThe issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about August 15, 2008, to DTC for the account of the successful bidder.

Assessed Valuation and IndebtednessThe equalized assessed tangible valuation for computation of bonded debt limitations for the year 2007 is $3,214,570. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $925,000, of which $166,000 is exempt from thecomputation of the legal limitation of bonded indebtedness. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer,printed on the bonds and delivered to the successful bidder when the bonds are delivered.

Additional Information Additional information regarding the bonds may beobtained from the undersigned or from the financial advisor at the addresses set forth below. Written and Facsimile Bid and Good Faith Deposit Delivery Address: Fred Peterson, Clerk 113 Washington Marquette, KS 67464 (785) 546-2205 Fax (785) 546-2205 E-mail: marquette@ks-usa.net

Financial Advisor -Facsimile Bid and Good Faith Deposit Delivery Address: Stifel, Nicholas and Company, Incorporated 301 N. Main, Suite 800 Wichita, KS 67202 Attn: Patricia A. Hinojos (316) 337-8498 Fax (316) 337-8492 E-mail: hinojosp@stifel.com Dated July 1, 2008. City of Marquette, Kansas

Doc. No. 036007Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices/Hearing 1089 

## Kansas Register

State of Kansas 

### Board of Emergency Medical Services

Notice of Meetings The Board of Emergency Medical Services will meet at 9 a.m. Friday, August 1, in the fourth floor auditorium in the Eisenhower State Office Building, 700 S.W. Harrison, Topeka. The committee meetings for the Planning andOperations Committee, the Education, Examination, Certification and Training Committee, and the Executive Committee will be at 9 a.m. Thursday, July 31, at the same location. The Investigations Committee will meet at 11 a.m. August 1 following the full board meeting. Items on the agenda for the board meeting can be found on the board’s Web site at http: // www.ksbems.org. All meetings of the board are open to the public. For more information, contact the administrator, Room 1031, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1228, (785) 296-7296.

Robert Waller Administrator

Doc. No. 036005

State of Kansas



### Department of Revenue

Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&A’s, Information Guides and Notices published by theDepartment of Revenue for June 2008. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings No new publications Opinion Letters No new publications

Final Written Determinations No new publications Revenue Rulings No new publications

Notices No new publications

Memorandums No new publications Property Valuation Division Directives No new publications
Q&A’s How are telephone answering services taxed in Kansas?

Information Guides No new publications Joan Wagnon Secretary of Revenue

Doc. No. 035988 State of Kansas 

### Board of Emergency Medical Services

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 10 a.m. Monday, September 15, in Room 108 of the Landon State OfficeBuilding, 900 S.W. Jackson, Topeka, to consider the adoption of a proposed new rule and regulation. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receivingwritten public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to manager of technician services, Room 1031, 900 S.W. Jackson, Topeka, 66612. All interested parties will be given a reasonable opportunityto present their views orally on the adoption of the proposed regulation during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentations to five minutes.Any individual with a disability may request accommodation in order to participate in the public hearing andmay request the proposed regulation and economic impact statement in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Ann Stevenson at (785) 296-7296. Handicapped parking is located at the south end of Landon State Office Building, directly across the street from the building’s north entrance, and onNinth Street. The north entrance to the building is accessible to individuals with disabilities.The regulation is proposed for adoption on a permanent basis. A summary of the proposed regulation and its economic impact follows:K.A.R. 109-5-5. Retroactive approval of continuing education course. This is a new regulation that clarifies the approval process for those emergency medical services attendants who have completed a continuing education course, whether in Kansas or another jurisdiction, thathad not received prior approval to be used as a continuing education offering for emergency medical services attendants in the state of Kansas. This new regulation benefits both those individuals wishing to attain continuing education credit for courses that were not approved for such at the time the coursewas conducted and the Kansas Board of Emergency Medical Services by providing guidelines for approval of such offerings.Copies of the regulation and the economic impact statement may be obtained from the Kansas Board of Emergency Medical Services, 10th Floor, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612, (785) 296-7296.

Robert Waller Administrator

Doc. No. 036008Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Notices/Regulations 1090 

## Kansas Register

State of Kansas 

### Board of Pharmacy

Notice of Hearing on Proposed Administrative RegulationsA public hearing will be conducted at 9 a.m. Wednesday, September 24, at the Topeka and Shawnee County Public Library, Room 101B, 1515 S.W. 10th Ave., Topeka, to consider amendments to K.A.R. 68-11-2 and K.A.R. 68- 7-12b of the Kansas Pharmacy Board. This 60-day notice of the public hearing shall constitutea public comment period for the purpose of receiving written public comments on the proposed amendments of K.A.R. 68-11-2 and K.A.R. 68-7-12b. All parties may submit written comments prior to the hearing to Debra Billingsley, executive secretary of the Kansas Pharmacy Board, Room560, Landon State Office Building, 900 S.W. Jackson, Topeka, 66612-1231, pharmacy@pharmacy.ks.gov. All interested parties will be given a reasonable opportunity topresent their views orally on the amendment of the regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request each participant to limit any oral presentation to five minutes.Any individual with a disability may request accommodation in order to participate in the public hearing andmay request the regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting the Kansas Pharmacy Boardat the address above, (785) 296-4056. Handicapped parking is located at the west and north sides of the building, and the north entrance to the building is accessible to individuals with disabilities. A summary of the proposed regulations follows: K.A.R. 68-11-2. Fees for premises registrations and permits. This regulation identifies various registrationand permit fees. A new registration fee of $300 is proposed for each place of business that sells durable medical equipment. K.A.R. 68-7-12b. Incident reports. This regulationidentifies the information that shall be included in an incident report when a pharmacist becomes aware of a reportable incident. The regulation also specifies what constitutes a reportable incident and the recordkeeping requirements regarding an incident report. Copies of the regulations and the economic impact statements may be obtained from the Kansas Pharmacy Board at the contact information above or by accessing the board’s Web site at http: // www.accesskansas.org / pharmacy

/ leg.html. Debra Billingsley Executive Secretary

Doc. No. 035995 State of Kansas 

### Department of Administration Division of Purchases

Notice to BiddersSealed bids for items listed will be received by the Director of Purchases until 2 p.m. on the date indicated. For more information, call (785) 296-2376:

07 / 29 / 2008 11499 Raze Dormitory Buildings
07 / 30/2008 11503 Maintenance of Highway Lighting
07 / 30/ 2008 11507 Ice and Snow Removal Chemicals
07 / 30/ 2008 11510 Physical Therapy Services
07 / 30/ 2008 11512 Physical Therapy and Occupational

Services 07 / 30/ 2008 11513 Aggregate

The above-referenced bid documents can be downloaded at the following Web site:

http: // www.da.ks.gov/

purch / Additional files may be located at the following Web site (please monitor this Web site on a regular basis for any changes/addenda): http: //da.state.ks.us/

purch /adds/default.htm

Chris Howe Director of Purchases

Doc. No. 036006

State of Kansas



### Real Estate Commission

Temporary Administrative Regulations

Article 3.—PERSONS HOLDING LICENSES; DUTIES

86-3-19. Disclosure of interest in property purchased, sold, leased, or exchanged. (a) A licensee shall not buy, sell, lease, or exchange real estate in which the licensee, an immediate family member of the licensee, or both the licensee and an immediate family member of the licensee have an interest without disclosing the following in the real estate contract or lease: (1) The licensee’s licensure status; (2) specification of whether the licensee has an interest in the property or transaction; and (3) specification of whether the licensee’s immediatefamily member has an interest in the property or transaction. (b) For purposes of subsection (a), ‘‘interest’’ shall havethe meaning specified in K.S.A. 58-3035, and amendments thereto. (c) For purposes of subsection (a), ‘‘exchange’’ shallhave the meaning specified in K.S.A. 58-3035, and amendments thereto. (d) For purposes of subsection (a), ‘‘immediate family member’’ shall mean spouse, parent, child, or sibling. (Authorized by K.S.A. 74-4202(b); implementing K.S.A. 2007 Supp. 58-3035, as amended by 2008 HB 2746, Sec. 1, and K.S.A. 2007 Supp. 58-3062, as amended by 2008 HB 2746, Sec. 5; effective May 1, 1982; amended, T-86-6-25- 08, July 1, 2008.)Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Regulations 1091 

## Kansas Register

86-3-30. Advertising. For purposes of determining whether the supervising broker’s business name or tradename is prominently and conspicuously displayed or announced in a readable and identifiable manner regardlessof the type of media used, the following shall be considered by the commission:(a) The terms being used, including the style, size, contrast, and color of the type or font used; and (b) the location or audibility of the supervising broker’s trade name or business name as the name appears or is represented in the advertisement. (Authorized by K.S.A. 74-4202(b); implementing 2008 HB 2746, Sec. 6, effective, T-86-6-25-08, July 1, 2008.) Sherry C. Diel Executive Director

Doc. No. 035982

State of Kansas



### Kansas State Treasurer

Temporary Administrative Regulations

Article 3.—LINKED DEPOSIT LOAN PROGRAMS

3-3-1. Agricultural production loans. For each agricultural production loan authorized by K.S.A. 75-4270 et seq. and amendments thereto, the ‘‘eligible agricultural borrower’’ shall be a resident of the state of Kansas, and a majority of the farm for which the proceeds of the loan are expended shall be located within the state of Kansas.A limited liability agricultural company, limited agricultural partnership, or family farm corporation shall be considered a resident if it meets the requirements of K.S.A. 17-5903, and amendments thereto. (Authorized by K.S.A. 2007 Supp. 75-4270; implementing K.S.A. 2007 Supp. 75- 4270, 75-4271, and 75-4272; effective, T-3-7-3-00, July 3, 2000; effective Oct. 27, 2000; amended, T-3-6-25-08, July 1, 2008.)

3-3-2. Kansas housing loans. The proceeds of allhousing loans authorized by 2008 SB 387, and amendments thereto, shall be used only for building houses that initially sell or are appraised for less than 350% of theKansas median household income, based on the most recent data available from the United States census bureau on July 1 and January 1 each year. The loans shall be awarded on a first-come, first-served basis, reserving at least 50% of the funds available for houses located within one mile of the city limits of any of the following Kansas cities: Chanute, Coffeyville, Erie, Fredonia, Greensburg, Independence, Iola, Neodesha, or Osawatomie. A house shall be considered to be located within one mile of the city limits if the majority of the tract of real estate upon which the house is placed is within one mile of the citylimits. (Authorized by 2008 SB 387, sec. 4(a); implementing 2008 SB 387, sec. 3(e) and sec. 5(g); effective, T-3-6-25- 08, July 1, 2008.) Lynn Jenkins State Treasurer

Doc. No. 035981 State of Kansas 

### Court of Tax Appeals

Temporary Administrative Regulations

(Editor’s Note: The State Court of Tax Appeals was created pursuant to Substitute for House Bill 2018, which became effective July 1, 2008. The State Court of Tax Appeals is the successor in authority to the State Board of Tax Appeals, which has been abolished.)

Article 2.—PROCEEDINGS BEFORE THE COURT

94-2-1. Definitions. (a) ‘‘Chief judge’’ means the chief judge of the Kansas court of tax appeals, appointed as provided in K.S.A. 74-2433, and amendments thereto. (b) ‘‘Court’’ means the Kansas court of tax appeals. (c) ‘‘Counsel’’ means legal counsel. (d) ‘‘Entry of appearance’’ means a pleading listing the following information: (1) The name, address, and telephone number of the attorney entering an appearance; (2) the Kansas supreme court registration number, or its equivalent, of the attorney entering an appearance; and (3) the name of the party represented by the attorney. The entry of appearance shall be signed by the attorneyentering an appearance on behalf of the party. This signature shall constitute a certificate as prescribed in K.S.A. 60-211, and amendments thereto.(e) ‘‘Executive director’’ means the individual appointed pursuant to K.S.A. 74-2433, and amendments thereto. (f) ‘‘Party’’ means any of the following: (1) Any taxpayer or applicant bringing the action, a governmental unit bringing or defending the action, or both; (2) any intervenor permitted to intervene by the court;

or (3) any person joined as a contingently necessary party. (g) ‘‘Pleadings’’ means any of the following: (1) Notice of appeal; (2) application; (3) motion; (4) brief; (5) proposed findings of fact and conclusions of law; or (6) any other similar document formally filed with the

court. (h) ‘‘Presiding officer’’ means any of the following: (1) A panel of judges; (2) the judge assigned pursuant to K.S.A. 77-514, and amendments thereto, to conduct the status conference,prehearing, oral arguments, hearing, or similar proceedings; or(3) a court staff attorney in a status or prehearing conference to which a court staff attorney has been assigned according to K.A.R. 94-2-6. (i) ‘‘Secretary’’ means the secretary of the court of tax appeals. (Authorized by and implementing K.S.A. 74- 2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.) (continued)Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Regulations 1092 

## Kansas Register

94-2-2. Information, hearings, and assistance. (a) To the extent that the Kansas administrative procedure act or other statutes or regulations do not apply, the rules of civil procedure, and particularly articles 1, 2, and 4 ofchapter 60 of the Kansas statutes annotated, shall be followed by the court. However, the rules of evidence may be modified by the presiding officer in accordance with the Kansas administrative procedure act if it will be in the public interest and will aid in ascertaining the facts. (b) Hearings before the court shall be open to the public at all times except at those proceedings specified in K.A.R. 94-2-14. Hearings may be held in the court’s hearing roomor at other places throughout the state of Kansas whenever the public interest may be better served. Reasonable written notice shall be given to all parties pursuant to K.S.A. 77-518, and amendments thereto. (c) Upon request, the staff attorneys for the court shalladvise any party concerning the form of the notice of appeal or other application to be filed with the court or concerning the procedure to be followed in initiating a proceeding before the court. (d) All communications to the court shall be addressed to the offices of the court in Topeka and shall meet the procedural requirements specified in these regulations. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-3. Form of pleadings. (a) Each pleading, except any pleading described in subsection (b), shall contain the following:(1) The heading ‘‘BEFORE THE COURT OF TAX APPEALS OF THE STATE OF KANSAS,’’ centered at the top of the page; (2) the name of the case, which shall consist of a brief description of the nature of the action and shall contain a citation to the particular statute under which the appeal or application is authorized, placed immediately below the heading at the left margin of the page; (3) the docket number, if one has been assigned, which shall appear to the right of the name at the right margin of the page; (4) the title of the pleading, which shall identify the document being filed, shall be placed immediately below the name and centered on the page; (5) the pertinent allegations of fact and law in simple, concise, and direct terms, which shall be in numbered paragraphs, with each paragraph containing a statement of a single set of circumstances or separate transaction or series of events; (6) following each numbered paragraph, a concise and complete statement of all relief sought by the pleader; and (7) the signature of the party filing the pleading or the party’s attorney. The addresses and telephone numbersof the party and the party’s attorney of record shall appear following the signature or elsewhere in the pleading. All pleadings shall be verified, unless the pleading is signed by either of the following: (A) Counsel regularly admitted to practice before the supreme court of the state of Kansas; or(B) counsel duly licensed and admitted to practice before the supreme court of another state if the counsel licensed from another state is associated with local counsel and the local counsel also signs the pleading, as required by Kansas supreme court rule 116 relating to district

courts. (b) Notice of appeals or applications filed pursuant to the statutory procedures enumerated in K.S.A. 74-2439, K.S.A. 79-1609, and K.S.A. 79-213, and amendments thereto, shall be prepared on forms approved by thecourt. Each taxpayer or applicant shall provide all information and supporting documentation requested on the forms or by the court. If any information requested is not provided, the appeal or application may be rejected by the court or may be returned to the taxpayer or applicant for correction.(c) Each pleading, except a pleading described in subsection (b), shall be typed on 8 1 ⁄ 2  11 inch white paper and shall be double-spaced, except that single spacing may be used for subparagraphs, legal descriptions of real estate, itemizations, quotations, and similar portions of the document. Typing shall appear on only one side of the paper, and the margins shall be at least one inch at the top of the page and 3 ⁄ 4 of an inch at the sides and bottom of the page. Taxpayers not represented by counsel shall not be held in strict compliance with this regulation. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-4. Filing procedure and time limits. (a)(1) Each party filing any action with the court shall file the application or appeal and shall pay any applicable fees required by K.A.R. 94-2-21. Each document filed shall be deemed to have been filed when actually received and file-stamped by the secretary or the secretary’s designee,and the action shall commence on that date if the document is in the form prescribed by these regulations or by

statute. (2) Each application and appeal shall be accompanied or followed by any applicable filing fees, as specified in K.A.R. 94-2-21.(b) In computing any period of time prescribed by statute or these regulations for any appeal or application, the computation shall be made pursuant to K.S.A. 60-206,and amendments thereto, unless the method of computation is otherwise specified in these regulations or by statute. A legal holiday shall be each day designated in K.A.R. 1-9-2. (c) When by these regulations or by notice given by thecourt, an act is required to be completed within a specified time, the time for completing the act may be extended by the court, if a motion is filed by a party before the expiration of the specified time. A motion for extension of time filed after the time limit has expired may be granted by the court only if the failure to act within the time limit was the result of excusable neglect. (d) Any individual or entity may file documents at the court office between the hours of 8:00 a.m. and 5:00 p.m. on any business day. Each document, whether mailed,hand-delivered, or sent by facsimile machine or as electronic mail, shall be received by 5:00 p.m. to be filestamped and considered filed on that date. The time ofKansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Regulations 1093 

## Kansas Register

receipt shall be that time shown by the court’s time clock, the time printed by the court’s facsimile machine on the final page of the facsimile-received document, or the time shown as received by the court’s electronic mail system. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1987; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-8-28-03, Aug. 28, 2003; amended Dec. 5, 2003; amended, T94-6-25-08, July 1, 2008.)

94-2-5. Service. (a) Each party filing any pleading or other document with the court shall serve the pleading or other document on all other parties in person or by mail, facsimile, or electronic mail, except when a statute requires a specific manner of service. Postage or costs of service shall be paid by the person serving the pleading. (b) Service on an attorney of record shall be deemed to be service upon the party represented by that attorney,although nothing in these regulations shall prohibit service on the interested party also. Service by mail shall be considered to be complete upon mailing.(c) The party responsible for effecting service shall endorse a certificate of mailing or service, or both, upon the pleading showing compliance with these regulations. In the absence of this proof of service or the equivalent, any pleading may be disregarded and deemed null and void. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-8. Discovery procedure. (a) Any party beforethe court may use the discovery procedures provided under the code of civil procedure of this state, the procedures authorized under the provisions of the Kansas administrative procedures act, K.S.A. 77-522 and amendments thereto, or both. Unless otherwise expressly approved by the court or presiding officer, a party shall have completed all discovery procedures by 20 calendar days before the date set for the hearing. (b) The admissibility of any evidence obtained during this discovery process shall be governed by one or more of the following: (1) The code of civil procedure, K.S.A. 60-101 et seq., and amendments thereto; (2) the Kansas administrative procedures act, K.S.A. 77- 501 et seq., and amendments thereto; or (3) case law of this state. (c) Each motion for summary judgment shall be filed with the court in accordance with K.S.A. 60-256, and amendments thereto, and Kansas supreme court rule 141relating to district courts. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-9. Subpoenas. (a) Any party may request that the court issue a subpoena or subpoena duces tecum by filing a request for the same with the court at least 10business days before the date on which the hearing commences or the deposition is scheduled. The request shall state the following information: (1) The name of the witness; (2) the address, including street address, city, and county where the witness can be served; (3) the date, time, and location the witness is expected to appear;(4) the matter in which the witness is expected to testify; and (5) if a subpoena duces tecum, the material, listed indetail, to be brought by the witness to the hearing or deposition. (b) A request for a subpoena or subpoena duces tecum shall not be granted by the court if filed fewer than 10business days before the date on which the hearing commences or the deposition is scheduled, except by approval of the court upon a showing of good cause. (c) Except as provided in subsection (b), upon receipt of a properly filed request, the appropriate subpoena shall be issued by the court or the court’s designee, who shall also arrange for its service pursuant to K.S.A. 77- 522, and amendments thereto. (d) Witness fees and mileage shall be allowed pursuant to K.S.A. 28-125, and amendments thereto. (Authorized by K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13, and 74-2437a, as amended by 2008 HB 2018, sec. 14; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-10. Hearing procedure. (a) Any party may appear at any hearing or other proceeding before the courtand be heard in person or may be represented by an attorney who is regularly admitted to practice before the supreme court of the state of Kansas and who has filed an entry of appearance in the proceeding with the court. Any party may be represented by out-of-state counsel if that counsel has complied with Kansas supreme court rule 116 relating to the admission of an attorney fromanother state. An elected or appointed official or the official’s designee of a county, city, or other taxing district or a corporation’s officer or employee may appear andtestify on behalf of the county, city, taxing district, or corporation and, except as otherwise provided in these regulations, may fully participate as a party.(1) The county, city, or other taxing district or corporation may be required by the court to be represented byan attorney regularly admitted to practice before the supreme court of the state of Kansas. As provided in thissubsection, only the party or an attorney regularly admitted to practice before the supreme court of the state of Kansas may perform any of the following: (A) Make a legal argument; (B) object to the admission of evidence; (C) conduct direct examination or cross-examination of witnesses; (D) introduce evidence; (E) sign any pleading as defined in K.A.R. 94-2-1; or (F) perform any other activity construed as the practice of law by the Kansas supreme court. (2) Each individual who is not a party or an attorney authorized to practice in the supreme court of the state (continued)Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 Regulations 1094 

## Kansas Register

of Kansas shall be limited to one or both of the following types of participation in a hearing: (A) Testifying; or (B) providing nonlegal advice to a party or an attorney. (b) On the date and at the place and time stated in the notice of hearing, the docket shall be made to be called by the chief judge or the presiding officer. A statement may be made by the chief judge or presiding officer as to the scope and purpose of the hearing at the opening of the hearing. Each party or witness who is to testify shall be sworn by the reporter or any judge of the court. (c) If a party does not appear for the scheduled hearing, either or both of the following may occur: (1) The opposing party or parties may go on the record to introduce evidence. (2) A default order may be issued by the court in favor of the opposing party or parties. (d) If a party or attorney objects to the admissibility of any evidence or to the validity of any proceeding beforethe court, the presiding officer may rule upon the objection immediately or may admit the evidence or permit the procedure subject to a later ruling by the court. The presiding officer may rule upon the admissibility of anyevidence and may order the discontinuation of the presentation of cumulative evidence. (e) Each party shall examine each witness orally and under oath, in the order determined by that party. Each opposing party may cross-examine each witness. (f) To facilitate the orderly and expeditious conduct ofhearings, one of the court’s staff attorneys may be assigned by the presiding officer to assist procedurally anyindividual taxpayer not represented by counsel. Assistance shall not extend to assisting the taxpayer in presenting the taxpayer’s case or advising the taxpayer about the substantive nature of the case, but shall be confined to procedural assistance. (g) (1) Each hearing shall be recorded by either of the following means: (A) A certified shorthand reporter retained by the court for that purpose; or (B) any other recording device.This record shall be the only official record of any proceeding before the court.(2) A person may obtain a transcript of any tape-recorded hearing before the court by making a request tothe court and advancing the costs of providing the transcript. A person may obtain a transcript of any hearing recorded by a certified shorthand reporter by making a request to the reporter and advancing to the reporter the costs of providing the transcript. (h) The use of recording, photographic, or televisiondevices during any hearing before the court shall be authorized, pursuant to K.S.A. 75-4318, and amendmentsthereto. To insure orderly hearings before the court, cameras, photographic lights, and recording devices shall be permitted during the sworn testimony of witnesses onlyif the use of these devices is not disruptive to the witnesses and the hearing. (i) Official notice shall be taken in accordance with K.S.A. 77-524, and amendments thereto. (j) The submission of briefs and proposed findings of fact and conclusions of law may be required by the court at the conclusion of any hearing, and any party desiring to submit the same may do so upon approval by the court. The deadline for filing these documents and any reply briefs shall be set by the court in a prehearing order or by the presiding officer at the hearing. The filing party shall file the originals of these documents with the court and shall serve copies on each party. Proof of service shall be filed as required in these regulations. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1987; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-11. Petitions for reconsideration; deadline for

responses. Each petition for reconsideration of a final order of the court shall be made pursuant to K.S.A. 77-529, and amendments thereto. Each response to a petition forreconsideration shall be filed with the court within 11 calendar days after the petition for reconsideration is filed with the court. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-12. Orders of the court. (a) Each order of thecourt shall be sent by U.S. mail or, for state agencies located in Topeka, by building mail or hand delivery, unless otherwise prescribed by law. The order shall be mailed or hand-delivered to each party and the party’sattorney at the addresses of record set forth in the pleadings. (b) If clear evidence of the date of receipt of any court order is not available, it shall be presumed that a party received the order on the third day following the date the court mailed the order to that party at the party’s address of record as set forth in the pleadings filed by the party or the party’s attorney. (Authorized by K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; implementing K.S.A. 74-2426, as amended by 2008 HB 2018, sec. 1, and K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1981; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-13. Exchange of evidence and witness lists. (a) At least 10 calendar days before a scheduled hearing involving single-family residential property, each partyshall have exchanged copies of each document, photograph, or other evidence that the party intends to present to the court at the hearing.(b) At least 20 calendar days before a scheduled hearing, except a single-family residential property hearing asspecified in subsection (a), each party shall have exchanged copies of each document, photograph, or other evidence that the party intends to present to the court atthe hearing and a list of witnesses to be called at the hearing. At least 10 calendar days before the scheduled hearing, each party shall have exchanged copies of any evidence developed in response to the evidence that wasexchanged 20 calendar days before the scheduled hearing.Kansas Secretary of State 2008 

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(c) Each attorney who is representing a party at anyproceeding before the court shall file an entry of appearance with the court and shall serve copies on each party.(d) In computing any time periods specified in subsections (a) and (b) the day of the scheduled hearing shall not be included. If the 10th or 20th calendar day before the hearing falls on a Saturday, Sunday, or legal holiday,the last business day before the Saturday, Sunday, or legal holiday shall be the deadline for the exchange of evidence. (e) If the parties fail to exchange evidence and witness lists in compliance with this regulation, the evidence may be excluded from the proceedings, and the witnesses not listed may be excluded from testifying. The time periods specified in subsections (a) and (b) may be shortened orextended by the court or presiding officer upon a showing of good cause. (Authorized by and implementingK.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-14. Procedure to keep business records confidential. (a)(1) Each party who has confidential financialor trade secret records that are to be admitted into evidence in a court proceeding but who desires to keep the records confidential shall file a motion for a protective order with the court and serve the motion on each party. The party may make the motion orally at the hearing. This motion shall address the following: (A) Identification of the record to be kept confidential;(B) the extent to which the information is known outside the business; (C) the extent to which the information is known to those inside the business, including the employees; (D) the precautions taken by the holder of the trade secret or confidential commercial information to guard the secrecy of the information; (E) the savings effected and the value to the holder in keeping the information from competitors;(F) the amount of effort or money expended in obtaining and developing the information; and (G) the amount of time and expense it would take for others to acquire and duplicate the information. (2) In ruling on the motion, the following criteria shall be considered by the court: (A) What risk of financial or competitive harm the party seeking to prevent disclosure faces; (B) whether or not disclosure will aid the court in its duties; (C) whether or not disclosure serves or might harm the public interests; and (D) whether or not alternatives to full disclosure exist. (b) If the court grants the motion for protective order, the following procedure shall be followed by the court atthe hearing in which the records are considered and admitted: (1) A formal motion shall be made by a judge to move into executive session to consider either of the following: (A) Confidential data relating to financial affairs; or(B) confidential trade secrets of corporations, partnerships, trusts, or individual proprietorships. (2) The motion shall contain a statement of justification for closure, the subject to be discussed, and the time and the place the court will resume its open meeting. (3) The motion shall be made, seconded, and carried by a majority of the judges present and hearing the case.(c) Other procedures to keep business records confidential may be implemented in court proceedings if those procedures are agreed to by all parties, are approved by the court, and are not inconsistent with or contrary to current Kansas law. (Authorized by and implementingK.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-15. Continuances. (a) A request for a continuance may be made by motion or in the form specified by the court or presiding officer. (b) Each party filing a motion for continuance shall file the motion in writing with the court, with service of this motion on each party in accordance with K.A.R. 94-2-5. The motion shall be filed no fewer than 30 days before the date of the scheduled hearing. The motion shall set forth the reason or reasons for the motion. (c) The 30-day time period may be shortened by the court, upon a showing of good cause. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-16. Dismissals. Any action pending before the court may be dismissed by the party that filed the action at any time before or during the hearing and, at the court’s discretion, at any time after the hearing, but beforethe court issues the order. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-2-19. Facsimile filing. (a)(1) The court’s facsimile machine shall be available on a 24-hour basis, seven days per week. However, this provision shall not prevent the court from sending documents by fax or providingfor normal repairs and maintenance of the facsimile machine. (2) Each complete facsimile filing received in the court’s office at or before 5:00 p.m. on a regular workday shall be deemed filed on that day. Each filing received after 5:00 p.m. shall be filed as if received on the next regular court workday. The time of receipt shall be the time printed by the court’s facsimile machine on the final page of the facsimile-received document. Each filing received on a Saturday, Sunday, or legal holiday shall be filed as if received on the next regular court workday. (3) Each application and appeal filed by facsimile shall be followed by any applicable filing fees as specified in K.A.R. 94-2-21. (b) Each pleading or other paper filed by facsimiletransmission shall have the same effect as that of any document filed with the court by any other means. A facsimile signature shall have the same effect as that of an original signature. Only one copy of the pleading or other paper shall be transmitted.(c) Each certificate of service shall state the date of service and the facsimile telephone numbers of both the sender and the receiver. (continued)Kansas Secretary of State 2008 

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(d) The sender may petition the court for an order filing the document nunc pro tunc if a facsimile filing is not filed with the court because of either of the following: (1) An error in the transmission of the document, the occurrence of which was unknown to the sender; or(2) a failure to process the facsimile filing when received by the court. The motion shall be accompanied by the transmissionrecord, a copy of the document transmitted, and an affidavit of transmission by fax as set forth in Kansas supreme court rule 119 relating to district courts, appendix B. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 24, 2002; amended, T-94-8-28-03, Aug. 28, 2003; amended Dec. 5, 2003; amended, T-94-6-25-08, July 1, 2008.)

94-2-20. Electronic mail filing. (a)(1) Electronic mail shall be sent to the court’s central electronic mail address in order to be considered filed with the court. The format for documents shall be as specified in K.A.R. 94- 2-3. Electronic mail sent to any individual judge’s or to any court staff’s personal electronic mail address shall not be considered to be filed with the court. (2) Each application and appeal filed by electronic mail shall be followed by any applicable filing fees as specified in K.A.R. 94-2-21. (b) Electronic mail shall have a return electronic mail address along with the name of the individual sending the electronic mail and a telephone number by which that individual can be contacted. (c) Each pleading or other document filed by electronic mail shall have the same effect as that of any document filed with the court by any other means. Only one copyof the pleading or document shall be transmitted. An electronic signature or the symbol ‘‘ /s/ ’’ on the signature line in place of a signature shall have the same effect as that of an original signature. (d) Electronic mail received in the court’s office at the central electronic mail address on or before 5:00 p.m. shallbe deemed filed on that day. Electronic mail received after 5:00 p.m. shall be deemed to be filed as if received on the next regular workday of the court. The time of receiptshall be the time shown by the court’s electronic mail system. Electronic mail received on a Saturday, Sunday, or legal holiday shall be deemed to be filed as if received on the next regular workday of the court. (e) Electronic mail shall be printed by the court and a copy placed in the appropriate file or files. A copy of any associated transmission acknowledgment shall also be placed in the file or files. (f) If an electronic mail message indicates that there isan attachment but the attachment is not sent or the attachment cannot be opened, the party that sent the message shall be apprised of this fact by the court. If the attachment is then sent and the court is able to open the attachment, the file date and time shall be the date and time the opened attachment was actually received by the court. Each attachment shall be sent in a format specified by the court. (g) The sender may petition the court for an order filing the document nunc pro tunc if an electronic mail document is not filed with the court because of either of the following: (1) An error in the transmission of the document, the occurrence of which was unknown to the sender; or (2) a failure to process the electronic mail document when received by the court.The motion shall be accompanied by the transmission record, a copy of the document transmitted, and an affidavit of transmission by electronic mail in the form as set forth in Kansas supreme court rule 119, appendix B relating to facsimile filings. (h) Each party who files a document by electronic mailshall retain a copy of that document in the party’s possession or control during the pendency of the action and shall produce the document upon request pursuant to K.S.A. 60-234, and amendments thereto, by the court or any party to the action. Failure to produce the documentmay result in the document being stricken from the record and may result in sanctions pursuant to K.S.A. 60- 211, and amendments thereto. (i) Each party utilizing electronic mail shall comply with K.S.A. 77-525, and amendments thereto, regarding ex parte communications and with K.A.R. 94-2-5, which requires that a copy of any correspondence with the court be exchanged with all parties. A certificate of service shall be included on pleadings. For letters, there shall be an indication on the letter that a copy was sent to all parties. (Authorized by and implementing K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 24, 2002; amended, T-94-8-28-03, Aug. 28, 2003; amended Dec. 5, 2003; amended, T-94-6-25-08, July 1, 2008.)

94-2-21. Filing fees. (a) The following fees shall bein effect for applications and appeals filed with the regular division of the court, except as specified in subsection (f): (1) Economic development exemption applications filed pursuant to Kansas constitution article 11, § 13 ................................................................ $250.00 (2) Industrial revenue bond exemption applications filed pursuant to K.S.A. 79-201a Second , and amendments thereto

........................................................... $250.00(3) Tax exemption applications not included in paragraphs (a)(1), (2), and (6) of this regulation

........ $50.00 (4) Tax grievance applications filed pursuant to K.S.A. 79-332a, 79-1422, 79-1427a, or 79-1702, and amendments thereto

............................................................. $15.00 (5) Equalization appeals filed pursuant to K.S.A. 79-1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving real estate, excluding appeals of the valuation or classification of single-family residentialproperties and farmsteads and excluding appeals by notfor-profit organizations specified in paragraph (a)(6) of this regulation, for the following valuations: $250,000 or less

............................. $50.00 per parcel more than $250,000 but not more than $1,000,000

......................... $75.00 per parcel more than $1,000,000 but not more than $5,000,000

....................... $125.00 per parcel more than $5,000,000 but not more than $10,000,000

..................... $175.00 per parcel more than $10,000,000

................. $200.00 per parcel(6) Applications and appeals filed by not-for-profit organizations if the valuation of the property at issue is less than $100,000

.................................................... $10.00Kansas Secretary of State 2008 

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(7) Equalization appeals filed pursuant to K.S.A. 79-1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving the assessment of personal property

........................................................... $50.00 (8) Appeals of mortgage registration fees filed pursuant to K.S.A. 79-3107c, and amendments thereto

...... $15.00 (9) Appeals from final decisions of the director, or the director’s designee, of the Kansas department of revenue, division of property valuation, for the following amounts in controversy: $500 or less

.............................................. $25.00 More than $500 but not more than $1,000 .. $50.00 More than $1,000 but not more than $5,000 $100.00 More than $5,000 but not more than $10,000 $175.00 More than $10,000

.................................... $250.00 (10) Appeals from final decisions of the secretary, orthe secretary’s designee, of the Kansas department of revenue, division of taxation, excluding homestead property tax refund appeals under K.S.A. 79-4501 et seq ., and amendments thereto, and excluding food sales tax refund appeals under K.S.A. 79-3632 et seq ., and amendments thereto, for the following amounts in controversy: $500 or less

.............................................. $25.00 More than $500 but not more than $1,000 .. $50.00 More than $1,000 but not more than $5,000 $100.00 More than $5,000 but not more than $10,000 $175.00 More than $10,000

.................................... $250.00(11) No-fund warrants, temporary notes or bond applications, requests to exceed the adopted budget, and mill levy disagreements filed pursuant to K.S.A. 79-2938, 79-2939, 79-2951, 79-5023, 12-110a, 12-1662 et seq ., or 19-2752a, and amendments thereto, or any other related statute ................................................................... $50.00(12) Applications by school districts to levy an ad valorem tax as provided in K.S.A. 72-6441, and amendments thereto .................................................... no filing fee(13) Requests for reappraisal and complaints filed pursuant to K.S.A. 79-1413a, 79-1479, or 79-1481, and amendments thereto

................................................... $50.00 (b) The following fees shall be in effect for applications and appeals filed with the small claims division of the court, except as specified in subsection (f): (1) Equalization appeals filed pursuant to K.S.A. 79-1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving real estate, excluding appeals of the valuation or classification of single-family residentialproperties and farmsteads and excluding appeals by notfor-profit organizations specified in paragraph (b)(2) of this regulation

.................................. $20.00 per parcel(2) Applications and appeals filed by not-for-profit organizations if the valuation of the property at issue is less than $100,000

.................................................... $10.00 (3) Equalization appeals filed pursuant to K.S.A. 79-1609, and amendments thereto, and payment-under-protest appeals filed pursuant to K.S.A. 79-2005, and amendments thereto, involving the assessment of personal property

........................................................... $20.00 (4) Appeals from final decisions of the secretary, or thesecretary’s designee, of the Kansas department of revenue, division of taxation, excluding homestead property tax refund appeals under K.S.A. 79-4501 et seq ., and amendments thereto, and excluding food sales tax refund appeals under K.S.A. 79-3632 et seq ., and amendments thereto, and appeals from final decisions of the director, or the director’s designee, of the Kansas department of revenue, division of property valuation

............. $20.00 (c) For purposes of this regulation, ‘‘valuation’’ shallmean the valuation shown on the county notice of valuation or the valuation at the time of the filing of the appeal with the regular division of the court if the valuation has been reduced by the county appraiser at the informal hearing, by the hearing officer panel, or by the small claims division. The filing fee on multiple, contiguous parcels that comprise one economic unit and are owned by the same person or entity shall require one filing fee for the highest-valued parcel, as specified in paragraphs (a)(5) and (b)(1) of this regulation, and $15.00 for each additional parcel.(d) Except as specified in this subsection, each application and appeal listed in subsections (a) and (b) shall be accompanied by the applicable filing fee in the form of a check or money order made payable to the court of tax appeals or shall be paid by credit card. If the fee does not accompany the filed application or appeal, the fee shall be received by the court within seven business days of the receipt of the application or appeal. If the fee is notreceived within this time period, the application or appeal shall be considered not appropriately filed with the court, and the application or appeal shall be dismissed. (e)(1) If an applicant or taxpayer by reason of poverty is unable to pay a filing fee and files an affidavit thatstates this reason and is accompanied by supporting documentation, the filing fee may be waived by the court.(2) If an applicant or taxpayer asserts that multiple applications or appeals should be filed as one application or appeal, upon written request and demonstration that the matters should be filed as one application or appeal, all fees or a portion of the fees may be waived by the court. If the fees have already been paid, all fees paid or a portion of the fees paid may be refunded by the court. (f) Public school districts shall be exempt from paying filing fees. (Authorized by and implementing K.S.A. 2007 Supp. 74-2438a, as amended by 2008 HB 2018, sec. 17; effective, T-94-8-28-03, Aug. 28, 2003; effective Dec. 5, 2003; amended, T-94-5-27-04, May 27, 2004; amended Oct. 1, 2004; amended, T-94-6-25-08, July 1, 2008.)

Article 3.—ECONOMIC DEVELOPMENT

REVENUE BONDS

94-3-1. Definition of terms. As used in this article, the following meanings shall apply, to the extent that they are not inconsistent with K.S.A. 12-1744a through K.S.A. 12-1744d, and amendments thereto, or unless the context clearly indicates otherwise. (a) ‘‘The act’’ means K.S.A. 12-1740 et seq ., and amendments thereto, which relate to the issuance of certain revenue bonds for the promotion of economic development by cities or counties and prescribe certain powers and impose certain duties upon the chief judge of the court of tax appeals. (continued)Kansas Secretary of State 2008 

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(b) ‘‘Bonds’’ means economic development revenuebonds issued by any city, county, or qualified improvement district under the authority of K.S.A. 12-1740 et seq

., and amendments thereto. (c) ‘‘Chief judge’’ means the chief judge of the court of tax appeals appointed pursuant to K.S.A. 74-2433, and amendments thereto.(d) ‘‘Informational statement’’ means the form, including all amendments, papers, documents, and exhibits incidental to the form, prescribed by the chief judge for the filing of notice pursuant to the act. (Authorized by K.S.A. 74-2437, as amended by 2008 HB 2018, sec. 13; effective May 1, 1983; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-3-2. Filing, fees, and form. Each informational statement required to be filed pursuant to the act shall be governed by the following procedures: (a) Filing procedures. (1) The informational statement, together with the fees required in paragraph (b)(1) of this regulation, shall be deemed filed and the requisite seven-day filing periodshall commence upon the date the informational statement and fees are received in the office of the court. Each applicant shall address or deliver all communications, documents, information, and inquiries to the office of the secretary, court of tax appeals.(2) Each applicant shall file one informational statement for each proposed issuance of bonds. (3) If the informational statement is not complete asoriginally filed, the applicant shall be notified of the incomplete filing. The applicant shall correct the deficiency in writing. (4) If the chief judge finds, following a review of theinformational statement, that all information and documents required to be filed are complete and, based uponthe proposed date of issuance of the bonds, that the statement has been filed in a timely manner, an order or letter indicating that finding shall be rendered by the chief judge to the appropriate government officials and bond counsel. (5) The following disclaimer shall appear in boldface type upon the second page of each preliminary offering document: ‘‘THE CHIEF JUDGE OF THE KANSAS COURT OF TAX APPEALS HAS NOT REVIEWED ANY INFORMATIONOR DOCUMENT FILED PURSUANT TO THIS INFORMATIONAL FILING FOR THE ADEQUACY OR ACCURACY OF THE DISCLOSURE THEREIN. THIS INFORMATIONAL FILING DOES NOT CONSTITUTE A RECOMMENDATION OR AN ENDORSEMENT BY THE CHIEF JUDGE OR THE COURT.’’ Evidence that this disclaimer appears in boldface typeupon the second page of each preliminary offering document shall be filed contemporaneously with the certificate of issuance required by K.S.A. 12-1744c, and amendments thereto. (6) The certificate of issuance required to be filed by K.S.A. 12-1744c, and amendments thereto, shall include the court of tax appeals’ filing number. (b) Fees. (1) Each informational statement shall be accompanied by a filing fee of $250.00. All fees shall accompany the application and shall be paid by check or money ordermade payable to the court of tax appeals. A cash remittance shall not be accepted. If the chief judge receives notice of refusal of payment of the check or money order presented in payment of these fees, the application shallbe deemed to be incomplete and not timely filed as required by the act. (2) Copies of documents filed and recorded in the office of the court of tax appeals shall be available upon request. Postage and copy fees shall be paid in advance and in conformity with K.S.A. 45-204, and amendments thereto.(c) Forms. The informational statement shall be submitted on forms approved by the chief judge. (Authorized by K.S.A. 12-1744a, as amended by 2008 HB 2018, sec. 29, and K.S.A. 12-1744b, as amended by 2008 HB 2018, sec. 30; implementing K.S.A. 12-1744a, as amended by 2008 HB 2018, sec. 29; effective May 1, 1983; amended, T-85-38, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended May 1, 1988; amended Aug. 15, 1997; amended May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

Article 4.—COURT MEMBER CONTINUED

EDUCATION

94-4-1. Court judge continued education. (a) Eachjudge of the court shall complete the education and training courses required by K.S.A. 74-2433, and amendments thereto, within either of the following, whichever is shorter: (1) 24 months immediately following the date of the judge’s confirmation of appointment to the court; or (2) the term to which the judge is appointed. (b) The time period specified in paragraph (a)(1) may be extended by the executive director depending on the availability of the required courses and the workload of the court. (Authorized by and implementing K.S.A. 2007Supp. 74-2433, as amended by 2008 HB 2018, sec. 2; effective May 24, 2002; amended, T-94-6-25-08, July 1, 2008.)

94-4-2. Administration of judge continued education. The judge education and training program shall be administered by the executive director. All records of completed courses shall be maintained in the personnel office of the court of tax appeals and shall be open for inspection at any time during normal business hours. (Authorized by and implementing K.S.A. 2007 Supp. 74- 2433, as amended by 2008 HB 2018, sec. 2; effective May 24, 2002; amended, T-94-6-25-08, July 1, 2008.) Rebecca W. Crotty Chief Judge

Doc. No. 035983Kansas Secretary of State 2008 

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State of Kansas 

### Department of Credit Unions

Permanent Administrative Regulations

Article 10.—CREDIT UNION ANNUAL AUDIT

REQUIREMENTS

121-10-1. Definitions. For purposes of this article, the following definitions shall apply: (a) ‘‘Agreed-upon procedures engagement’’ means an engagement to report on findings based on specific agreed-upon procedures performed by an independent certified public accountant. The nature and extent of theprocedures to be performed shall be agreed to and specified in a written agreement between the supervisorycommittee and the independent certified public accountant. (b) ‘‘Audit’’ means a review of a credit union’s receipts, disbursements, income, assets, and liabilities. (c) ‘‘Financial statement audit’’ and ‘‘opinion audit’’mean the examination of a credit union’s financial statements performed by an independent certified public accountant for the purpose of expressing an opinion as to whether those financial statements of the credit unionpresent fairly, in all material respects, the financial position and results of operations of the credit union. (d) ‘‘Independent certified public accountant’’ means a certified public accountant who meets the following requirements: (1) Holds a permit to practice issued by the Kansas board of accountancy. The independent certified public accountant’s firm shall be registered with the Kansas board of accountancy; and (2) is independent of the credit union as defined by thecode of professional conduct issued by the American institute of certified public accountants. (e) ‘‘Supervisory committee annual audit and internalcontrol checklist’’ means the audit and list of a credit union’s work procedures that a credit union submits to the Kansas department of credit unions on a form supplied by the department. (Authorized by and implementing K.S.A. 17-2211; effective Aug. 1, 2008.)

121-10-2. Credit union audit reporting requirements. (a) The supervisory committee of each new credit union shall be required to obtain an audit of that credit union as specified in subsection (b) at least once during the first year of operation. (b) The supervisory committee of each establishedcredit union shall be required to obtain, at least once during each calendar year, an audit of that credit union that covers the entire period of time that has elapsed since the previous audit. The type of audit required shall be one of the following, as applicable: (1) For a credit union with total prior year-end assets of $10 million or less, a supervisory committee annualaudit and internal control checklist, an agreed-upon procedures engagement, or a financial statement audit; (2) for a credit union with total prior year-end assets greater than $10 million but less than $250 million, anagreed-upon procedures engagement or a financial statement audit; or (3) for a credit union with total prior year-end assets of$250 million or greater, a financial statement audit. (Authorized by and implementing K.S.A. 17-2211; effective Aug. 1, 2008.) John P. Smith Administrator

Doc. No. 035994

INDEX TO ADMINISTRATIVE REGULATIONS

This index lists in numerical order thenew, amended and revoked administrative regulations and the volume and page number of the Kansas Register issue in which more information can be found. Temporary regulations are designatedwith a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2007 Supplement of the Kansas Administrative Regulations

. AGENCY 1: DEPARTMENT OF ADMINISTRATION Reg. No. Action Register 1-64-1 New V. 26, p. 1393

AGENCY 3: KANSAS STATE TREASURER Reg. No. Action Register 3-4-1 Amended V. 26, p. 1045 3-4-2 Amended V. 26, p. 1045 3-4-4 Amended V. 26, p. 1045 3-4-5 Amended V. 26, p. 1045 3-4-6 Amended V. 26, p. 1045

AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. Action Register 4-2-8 Amended V. 27, p. 16 4-2-20 Amended V. 27, p. 16 4-3-47 Amended V. 27, p. 16 4-3-49 Amended V. 27, p. 16 4-3-51 Amended V. 27, p. 16 4-7-900 Amended V. 27, p. 1022 4-7-901 Revoked V. 27, p. 1022 4-7-902 Amended V. 27, p. 1022 4-7-903 Amended V. 27, p. 1023 4-7-904 Amended V. 27, p. 1023 4-8-14a Amended V. 26, p. 489 4-8-27 Amended V. 26, p. 489 4-8-28 Amended V. 26, p. 489 4-8-29 Amended V. 26, p. 489 4-8-30 Amended V. 26, p. 489 4-8-31 Amended V. 26, p. 489 4-8-33 Amended V. 26, p. 489 4-8-34 Amended V. 26, p. 489 4-8-35 Amended V. 26, p. 489 4-8-39 Amended V. 26, p. 490 4-8-42 Amended V. 26, p. 490 4-11-2 Amended V. 26, p. 100 4-11-3 Amended V. 26, p. 100 4-11-15 New V. 26, p. 101 4-13-1 Amended V. 27, p. 186 4-13-3 Amended V. 27, p. 187 4-13-9 Amended V. 27, p. 188 4-13-11 Revoked V. 27, p. 188 4-13-13 Amended V. 27, p. 188 4-13-20 Amended V. 27, p. 190 4-13-21 Amended V. 27, p. 191 4-13-22 Amended V. 27, p. 191 4-13-23 Amended V. 27, p. 191 4-13-24 Amended V. 27, p. 191 4-13-33 Amended V. 27, p. 191 4-13-40 Amended V. 27, p. 1023 4-13-41 Revoked V. 27, p. 1023 4-13-42 Revoked V. 27, p. 1023 4-13-60 Amended V. 27, p. 1023 4-13-61 Revoked V. 27, p. 1023 4-13-64 Amended V. 27, p. 1023 4-13-65 Amended V. 27, p. 1024 4-15-9 Amended V. 26, p. 81 4-15-11 Amended V. 27, p. 1024 4-15-12 Revoked V. 27, p. 1024 4-15-13 Amended V. 27, p. 1024 4-15-14 Amended V. 27, p. 1024 4-16-7a Amended V. 27, p. 1024 4-16-300 Amended V. 27, p. 1025 4-16-301 Revoked V. 27, p. 1025 4-16-302 Amended V. 27, p. 1025 4-16-303 Amended V. 27, p. 1025 4-16-304 Amended V. 27, p. 1025 4-16-305 Amended V. 27, p. 1025 4-17-300 Amended V. 27, p. 1026 4-17-301 Revoked V. 27, p. 1026 4-17-302 Amended V. 27, p. 1026 4-17-303 Amended V. 27, p. 1026 4-17-304 Amended V. 27, p. 1026 4-17-305 Amended V. 27, p. 1027 4-19-1 Amended V. 26, p. 173 4-20-11 Amended V. 27, p. 1027
4-28-8 through 4-28-16 New V. 27, p. 191-195

(continued)

### 1100 Index to Regulations 

## Kansas Register

Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 AGENCY 5: DEPARTMENT OF AGRICULTURE—DIVISION OF WATER RESOURCES Reg. No. Action Register 5-40-1 Amended V. 26, p. 642 5-40-2 Amended V. 26, p. 644 5-40-2a New V. 26, p. 646 5-40-2b New V. 26, p. 647 5-40-3 Amended V. 26, p. 647 5-40-4 Amended V. 26, p. 647 5-40-5 Amended V. 26, p. 648 5-40-5a New V. 26, p. 648 5-40-8 Amended V. 26, p. 648 5-40-9 Revoked V. 26, p. 648 5-40-10 Revoked V. 26, p. 648 5-40-11 Revoked V. 26, p. 648 5-40-12 Amended V. 26, p. 648 5-40-13 Revoked V. 26, p. 649 5-40-20 New V. 26, p. 649 5-40-21 New V. 26, p. 649 5-40-22 New V. 26, p. 649 5-40-23 New V. 26, p. 650 5-40-24 New V. 26, p. 650 5-40-26 New V. 26, p. 651 5-40-30 New V. 26, p. 651 5-40-31 New V. 26, p. 652 5-40-32 New V. 26, p. 653 5-40-33 New V. 26, p. 653 5-40-40 New V. 26, p. 653 5-40-41 New V. 26, p. 654 5-40-42 New V. 26, p. 654 5-40-43 New V. 26, p. 655 5-40-44 New V. 26, p. 655 5-40-45 New V. 26, p. 655 5-40-46 New V. 26, p. 655 5-40-50 New V. 26, p. 656 5-40-51 New V. 26, p. 656 5-40-52 New V. 26, p. 657 5-40-53 New V. 26, p. 657 5-40-54 New V. 26, p. 657 5-40-55 New V. 26, p. 658 5-40-56 New V. 26, p. 658 5-40-57 New V. 26, p. 658 5-40-70 New V. 26, p. 659 5-40-71 New V. 26, p. 659 5-40-72 New V. 26, p. 659 5-40-73 New V. 26, p. 659 5-40-73a New V. 26, p. 660 5-40-74 New V. 26, p. 661 5-40-75 New V. 26, p. 661 5-40-76 New V. 26, p. 662 5-40-77 New V. 26, p. 662 5-40-90 New V. 26, p. 662 5-40-91 New V. 26, p. 663 5-40-92 New V. 26, p. 663 5-40-93 New V. 26, p. 663 5-40-94 New V. 26, p. 663 5-40-100 New V. 26, p. 663 5-40-101 New V. 26, p. 663 5-40-102 New V. 26, p. 664 5-40-103 New V. 26, p. 664 5-40-104 New V. 26, p. 664 5-40-105 New V. 26, p. 664 5-40-106 New V. 26, p. 664 5-42-1 Amended V. 26, p. 664 5-42-5 New V. 26, p. 665 5-44-7 New V. 26, p. 666

AGENCY 7: SECRETARY OF STATE Reg. No. Action Register 7-17-1 Amended V. 27, p. 965 7-17-4 Amended V. 27, p. 966 7-17-11 Amended V. 27, p. 966 7-17-19 Amended V. 27, p. 966 7-17-21 Amended V. 27, p. 966 7-17-22 Amended V. 27, p. 966 7-17-24 Amended V. 27, p. 967 7-21-1 Amended V. 27, p. 967 7-21-2 Amended V. 27, p. 967 7-21-3 Revoked V. 27, p. 967 7-21-4 New V. 27, p. 967 7-23-13 Revoked V. 27, p. 968 7-37-2 Revoked V. 27, p. 968 7-38-2 Revoked V. 27, p. 968 7-44-1 through 7-44-7 New V. 26, p. 505, 506 7-45-1 New V. 27, p. 968 7-45-2 New V. 27, p. 968

AGENCY 10: KANSAS BUREAU OF INVESTIGATION Reg. No. Action Register 10-20-1 Amended V. 26, p. 507 10-20-2 Amended V. 26, p. 507 10-20-2a Amended V. 26, p. 507 10-20-4 Amended V. 26, p. 507

AGENCY 11: STATE CONSERVATION

COMMISSION Reg. No. Action Register 11-8-3 Amended V. 26, p. 1543 11-8-4 Amended V. 26, p. 1543
11-12-1 through 11-12-7 New V. 26, p. 1184-1187

AGENCY 14: DEPARTMENT OF REVENUE—

DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. Action Register 14-8-2 Amended V. 26, p. 1906 14-8-3 Amended V. 26, p. 1906 14-16-23 Revoked V. 26, p. 1906 14-16-24 Revoked V. 26, p. 1906
14-24-1 through 14-24-6 New V. 26, p. 1907

AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER Reg. No. Action Register 17-25-1 New V. 27, p. 356

AGENCY 19: GOVERNMENTAL ETHICS

COMMISSION Reg. No. Action Register 19-20-4 Amended V. 27, p. 1020 19-20-5 New V. 27, p. 1021 19-27-2 Amended V. 27, p. 1021

AGENCY 28: DEPARTMENT OF HEALTH

AND ENVIRONMENT Reg. No. Action Register 28-1-5 Amended V. 26, p. 1115 28-1-6 Amended V. 26, p. 1115 28-1-20 Amended V. 27, p. 989 28-4-117 Amended V. 27. p. 990 28-4-120 Amended V. 27, p. 990 28-4-121 New V. 27, p. 990 28-4-122 Amended V. 27, p. 317 28-4-311 Amended V. 27, p. 317
28-4-312 through 28-4-317 Revoked V. 27, p. 317, 318 28-4-430 Amended V. 27, p. 991
28-4-800 through 28-4-825 New V. 27, p. 318-334 28-15-35 Amended V. 26, p. 825 28-15-36 Amended V. 26, p. 829 28-15-36a Amended V. 26, p. 829 28-15-37 Amended V. 26, p. 830 28-16-28g Amended V. 27, p. 779 28-16-56c Amended V. 26, p. 283 28-16-56d Amended V. 26, p. 284 28-18-1 Amended V. 26, p. 284 28-18-2 Amended V. 26, p. 288 28-18-4 Amended V. 26, p. 289 28-18-8 Amended V. 26, p. 289 28-18-9 Amended V. 26, p. 290 28-18-11 Amended V. 26, p. 1929 28-18-12 Amended V. 26, p. 290 28-18-13 Amended V. 26, p. 291 28-18-14 Amended V. 26, p. 292 28-18-16 New V. 26, p. 292 28-18-17 New V. 26, p. 293 28-18a-1 Amended V. 26, p. 294 28-18a-2 Amended V. 26, p. 298 28-18a-4 Amended V. 26, p. 299 28-18a-8 Amended V. 26, p. 299 28-18a-9 Amended V. 26, p. 300 28-18a-11 Amended V. 26, p. 1929 28-18a-12 Amended V. 26, p. 300 28-18a-19 Amended V. 26, p. 301 28-18a-21 Amended V. 26, p. 302 28-18a-22 Amended V. 26, p. 302 28-18a-26 Amended V. 26, p. 303 28-18a-32 Revoked V. 26, p. 303 28-18a-33 New V. 26, p. 303 28-19-720 Amended V. 26, p. 951 28-19-728 New V. 26, p. 951 28-19-728a through 28-19-728f New V. 26, p. 951, 952 28-19-735 Amended V. 26, p. 953 28-19-750 Amended V. 26, p. 953 28-23-16 Revoked V. 27, p. 191
28-24-1 through 28-24-14 Amended V. 26, p. 1510-1514 28-24-15 Revoked V. 26, p. 1514 28-24-16 Revoked V. 26, p. 1514 28-24a-1 New V. 26, p. 1514 28-24a-2 New V. 26, p. 1514 28-24a-3 New V. 26, p. 1515 28-29-28 Amended V. 26, p. 1610 28-29-29 Amended V. 26, p. 1611 28-29-29a Amended V. 26, p. 1611 28-29-29b New V. 26, p. 1612 28-29-30 Amended V. 26, p. 1612 28-29-31 Amended V. 26, p. 1613 28-29-31a New V. 26, p. 1614 28-29-32 Amended V. 26, p. 1614 28-29-33 Amended V. 26, p. 1615 28-29-2011 New V. 26, p. 1615 28-29-2101 Amended V. 26, p. 1615 28-32-1 Revoked V. 27, p. 247 28-32-2 Revoked V. 27, p. 247 28-32-4 Revoked V. 27, p. 247 28-32-5 Revoked V. 27, p. 247 28-32-6 Revoked V. 27, p. 247 28-32-7 Revoked V. 27, p. 247
28-32-8 through 28-32-14 New V. 27, p. 247-249 28-35-135a Amended V. 26, p. 1142 28-35-135d Amended V. 26, p. 1144 28-35-135n Amended V. 26, p. 1145 28-35-135p Amended V. 26, p. 1145 28-35-135r Amended V. 26, p. 1147 28-35-177a Amended V. 26, p. 1148 28-35-178a Amended V. 26, p. 1149 28-35-178b Amended V. 26, p. 1150 28-35-180a Amended V. 26, p. 1151 28-35-181d Amended V. 26, p. 1152 28-35-181m Amended V. 26, p. 1153 28-35-181n Amended V. 26, p. 1154 28-35-181o Amended V. 26, p. 1155 28-35-182c Amended V. 26, p. 1155 28-35-184a Amended V. 26, p. 1156 28-35-201 Amended V. 26, p. 1156 28-35-202 Revoked V. 26, p. 1158 28-35-203 Amended V. 26, p. 1158 28-35-216a Amended V. 26, p. 1159 28-35-230g New V. 26, p. 1159 28-35-289 Amended V. 26, p. 1160 28-35-292 Amended V. 26, p. 1162 28-35-308 Amended V. 26, p. 1162 28-35-349 Amended V. 26, p. 1162 28-35-450 Amended V. 26, p. 1162
28-36-33 through 28-36-49 Revoked (T) V. 26, p. 1682
28-36-33 through 28-36-49 Revoked V. 27, p. 73
28-36-70 through 28-36-89 New (T) V. 26, p. 1682-1696
28-36-70 through 28-36-89 New V. 27, p. 73-87

### 1101

Index to Regulations 

## Kansas Register

Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 28-36-101 through 28-36-108 Amended V. 26, p. 1776-1779 28-36-109 New V. 26, p. 1780 28-46-2 Revoked V. 26, p. 214 28-46-2a New V. 26, p. 215 28-46-25 Amended V. 26, p. 215 28-46-26 Revoked V. 26, p. 215 28-46-26a New V. 26, p. 215 28-46-34a New V. 26, p. 215 28-46-38 Amended V. 26, p. 216
28-54-1 through 28-54-7 New V. 26, p. 1640-1642 28-59-5 Amended V. 27, p. 462 28-61-11 Amended V. 27, p. 464

AGENCY 30: SOCIAL AND REHABILITATION SERVICES Reg. No. Action Register 30-4-98 Amended V. 26, p. 1905 30-5-65 Revoked V. 26, p. 1091 30-5-78 Revoked V. 27, p. 1022 30-63-32 New V. 27, p. 664 30-64-24 Revoked V. 27, p. 665

AGENCY 40: KANSAS INSURANCE

DEPARTMENT Reg. No. Action Register 40-1-37 Amended V. 26, p. 1393 40-1-51 Revoked V. 26, p. 1364 40-2-20 Amended V. 26, p. 101 40-2-29 New V. 27, p. 15 40-2-30 New V. 26, p. 1545 40-3-25 Amended V. 27, p. 15 40-3-34 Revoked V. 26, p. 1423 40-3-52 New V. 27, p. 133 40-4-41 Amended V. 27, p. 434
40-4-41a through 40-4-41j Revoked V. 27, p. 434, 435 40-7-19 Amended V. 26, p. 881 40-7-20a Amended V. 26, p. 103 40-7-25 Amended V. 26, p. 488

AGENCY 44: DEPARTMENT OF CORRECTIONS Reg. No. Action Register 44-6-101 Amended V. 26, p. 817 44-6-125 Amended V. 26, p. 818 44-6-136 Amended V. 26, p. 819 44-11-111 Amended V. 26, p. 819 44-11-113 Amended V. 26, p. 820 44-11-123 Amended V. 26, p. 820 44-12-103 Amended V. 26, p. 1074 44-12-105 Amended V. 26, p. 1075 44-12-106 Amended V. 26, p. 1075 44-12-107 Amended V. 26, p. 1075 44-12-208 Amended V. 26, p. 1075 44-12-210 Amended V. 26, p. 1075 44-12-211 New V. 26, p. 1075 44-12-212 New V. 26, p. 1075 44-12-304 Amended V. 26, p. 1075 44-12-306 Amended V. 26, p. 1076 44-12-308 Amended V. 26, p. 1076 44-12-312 Amended V. 26, p. 1076 44-12-315 Amended V. 26, p. 1076 44-12-320a New V. 26, p. 1076 44-12-325 Amended V. 26, p. 1076 44-12-601 Amended V. 26, p. 1077 44-12-901 Amended V. 26, p. 1079 44-12-902 Amended V. 26, p. 1079 44-12-903 New V. 26, p. 1079 44-12-1101 Amended V. 26, p. 1080 44-12-1201 Amended V. 26, p. 1080 44-12-1301 Amended V. 26, p. 1080 44-12-1302 Amended V. 26, p. 1081 44-12-1303 Amended V. 26, p. 1081 44-12-1306 Amended V. 26, p. 1081 44-12-1308 Amended V. 26, p. 1081 44-13-101a Amended V. 26, p. 1082 44-13-106 Amended V. 26, p. 1082 44-13-201 Amended V. 26, p. 1082 44-13-201a New V. 26, p. 1083 44-13-201b Amended V. 26, p. 1084 44-13-202 Amended V. 26, p. 1084 44-13-307 Amended V. 26, p. 1085 44-13-402 Amended V. 26, p. 1085 44-13-403 Amended V. 26, p. 1085 44-13-404 Amended V. 26, p. 1087 44-13-405a Amended V. 26, p. 1088 44-13-406 Amended V. 26, p. 1089 44-13-408 Amended V. 26, p. 1089 44-13-603 Amended V. 26, p. 1089 44-13-610 Amended V. 26, p. 1089 44-13-701 Amended V. 26, p. 1090 44-13-703 Amended V. 26, p. 1090 44-13-704 Amended V. 26, p. 1090 44-15-101a Amended V. 26, p. 820 44-15-102 Amended V. 26, p. 821 44-15-104 Amended V. 26, p. 822 44-16-104a New V. 26, p. 822

AGENCY 49: DEPARTMENT OF LABOR
Reg. No. Action Register
49-45-36 New V. 26, p. 1647 49-50-6 Amended V. 26, p. 1647 49-50-20 Amended V. 26, p. 1647

AGENCY 50: DEPARTMENT OF LABOR—
DIVISION OF EMPLOYMENT
Reg. No. Action Register 50-3-2 Amended V. 26, p. 1642

AGENCY 51: DEPARTMENT OF LABOR—
DIVISION OF WORKERS COMPENSATION
Reg. No. Action Register 51-9-7 Amended V. 26, p. 1639

AGENCY 60: BOARD OF NURSING
Reg. No. Action Register 60-4-101 Amended V. 26, p. 446 60-7-106 Amended V. 26, p. 447 60-8-101 Amended V. 26, p. 448 60-9-106 Amended V. 26, p. 1112 60-11-119 Amended V. 26, p. 448 60-17-102 Amended V. 26, p. 448 60-17-103 Amended V. 26, p. 449 60-17-104 Amended V. 26, p. 449 60-17-105 Amended V. 26, p. 450 60-17-107 Amended V. 26, p. 450 60-17-108 Amended V. 26, p. 451 60-17-110 Amended V. 26, p. 451

AGENCY 63: BOARD OF MORTUARY ARTS
Reg. No. Action Register 63-1-1 Amended V. 26, p. 126 63-2-26 New V. 27, p. 108 63-4-1 Amended V. 27, p. 108 63-5-1 Amended V. 26, p. 126

AGENCY 66: BOARD OF TECHNICAL

PROFESSIONS
Reg. No. Action Register 66-6-1 Amended V. 27, p. 315 66-6-4 Amended V. 27, p. 316 66-9-5 Amended V. 26, p. 1024 66-10-1 Amended V. 27, p. 317 66-10-10a Amended V. 26, p. 1024 66-11-5 Amended V. 26, p. 1025

AGENCY 67: BOARD OF EXAMINERS
IN THE FITTING AND DISPENSING OF
HEARING INSTRUMENTS
Reg. No. Action Register 67-5-3 Revoked V. 26, p. 692 67-5-4 Amended V. 26, p. 692 67-5-5 New V. 26, p. 692

AGENCY 68: BOARD OF PHARMACY
Reg. No. Action Register 68-5-16 Amended V. 26, p. 488 68-7-11 Amended V. 26, p. 1112 68-7-12 Amended V. 26, p. 1114 68-7-20 Amended V. 27, p. 435 68-20-17 Amended V. 26, p. 488 AGENCY 69: BOARD OF COSMETOLOGY (by Dept. of Health and Environment) Reg. No. Action Register 69-12-6 Revoked V. 26, p. 1515 69-12-13 Revoked V. 26, p. 1515

AGENCY 70: BOARD OF VETERINARY EXAMINERS Reg. No. Action Register 70-5-1 Amended V. 26, p. 1863

AGENCY 74: BOARD OF ACCOUNTANCY Reg. No. Action Register 74-1-2 Amended V. 26, p. 1954 74-1-3 Amended V. 26, p. 1954 74-1-6 Amended V. 26, p. 1955 74-1-8 Amended V. 26, p. 1955 74-2-7 Amended V. 26, p. 1955 74-4-1a Amended V. 26, p. 126 74-4-7 Amended V. 27, p. 626 74-4-8 Amended V. 27, p. 626 74-4-9 Amended V. 27, p. 627 74-4-10 Amended V. 27, p. 627 74-5-2 Amended V. 26, p. 1956 74-5-101 Amended V. 26, p. 1957 74-5-105 Revoked V. 26, p. 127 74-5-201 Amended V. 26, p. 1957 74-5-202 Amended V. 26, p. 1957 74-5-204 Revoked V. 26, p. 1957 74-5-403 Amended V. 26, p. 128 74-5-405a New V. 26, p. 1957 74-5-406 Amended V. 26, p. 1958 74-5-408 New V. 26, p. 128 74-6-1 Amended V. 26, p. 1958 74-7-2 Amended V. 26, p. 1958 74-11-6 Amended V. 26, p. 128

AGENCY 82: STATE CORPORATION

COMMISSION Reg. No. Action Register 82-3-103 Amended V. 26, p. 1609 82-3-119 Revoked V. 26, p. 1643 82-3-123 Amended V. 26, p. 1643 82-3-123a Amended V. 26, p. 1644 82-3-124 Amended V. 26, p. 1644 82-3-131 Amended V. 26, p. 1645 82-3-140 Amended V. 26, p. 1645 82-3-300 Amended V. 26, p. 1645 82-3-303 Amended V. 26, p. 823 82-3-304 Amended V. 26, p. 824 82-3-408 Amended V. 26, p. 1646 82-3-603a New V. 26, p. 1610 82-4-30a Amended (T) V. 26, p. 1930 82-4-30a Amended V. 27, p. 1020 82-11-1 Amended V. 27, p. 43 82-11-3 Amended V. 27, p. 43 82-11-4 Amended V. 27, p. 44 82-11-7 Amended V. 27, p. 49 82-11-8 Amended V. 27, p. 49

AGENCY 86: REAL ESTATE COMMISSION Reg. No. Action Register 86-1-2 Amended V. 26, p. 1728 86-1-5 Amended V. 26, p. 1728 86-1-10 Amended V. 26, p. 1729 86-1-11 Amended V. 26, p. 1730 86-1-13 Amended V. 26, p. 1731 86-1-15 Amended V. 26, p. 1732 86-1-17 Amended V. 26, p. 1732 86-1-18 Amended V. 26, p. 1733 86-1-19 Amended V. 26, p. 1733 86-1-20 New V. 26, p. 1734 86-2-3 Revoked V. 26, p. 1734 86-2-5 Revoked V. 26, p. 1734 86-2-7 Revoked V. 26, p. 1734 86-3-3 Revoked V. 26, p. 1734 86-3-8 Amended V. 26, p. 1734 86-3-9 Amended V. 26, p. 1734 86-3-15 Amended V. 26, p. 1734 86-3-21 Amended V. 26, p. 1735 86-3-22 Amended V. 26, p. 1735 86-3-26a New V. 26, p. 1736 (continued)

### 1102 Index to Regulations 

## Kansas Register

Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 AGENCY 88: BOARD OF REGENTS
Reg. No. Action Register 88-3-8 Revoked V. 26, p. 1141 88-3-8a New V. 26, p. 1141 88-3-12 Amended V. 26, p. 1141 88-24-1 Amended V. 26, p. 1142 88-24-2 Amended V. 26, p. 1142
88-29-1 through 88-29-19 New V. 26, p. 216-229 88-30-1 New V. 26, p. 1544 88-30-2 New V. 26, p. 1544 88-30-3 New V. 26, p. 1544

AGENCY 91: DEPARTMENT OF

EDUCATION
Reg. No. Action Register 91-1-200 Amended V. 27, p. 1027 91-1-201 Amended V. 27, p. 1028 91-1-202 Amended V. 26, p. 1218 91-1-203 Amended V. 27, p. 1030 91-1-204 Amended V. 27, p. 1034 91-1-205 Amended V. 27, p. 1036 91-1-207 Amended V. 27, p. 1037 91-1-209 Amended V. 27, p. 1037 91-1-210 Amended V. 27, p. 1038 91-1-220 Amended V. 27, p. 1038 91-1-221 Amended V. 27, p. 1040 91-1-234 New V. 26, p. 1226 91-19-1 Amended V. 27, p. 1041 91-19-6 Amended V. 27, p. 1041 91-40-1 Amended V. 27, p. 274 91-40-2 Amended V. 27, p. 279 91-40-3 Amended V. 27, p, 279 91-40-5 Amended V. 27, p. 280
91-40-7 through 91-40-12 Amended V. 27, p. 281-284 91-40-16 Amended V. 27, p. 285 91-40-17 Amended V. 27, p. 285 91-40-21 Amended V. 27, p. 286 91-40-22 Amended V. 27, p. 287
91-40-26 through 91-40-31 Amended V. 27, p. 287-289 91-40-33 Amended V. 27, p. 290 91-40-34 Amended V. 27, p. 290 91-40-35 Amended V. 27, p. 290 91-40-37 Revoked V. 27, p. 291 91-40-38 Amended V. 27, p. 291 91-40-39 Revoked V. 27, p. 291 91-40-41 Amended V. 27, p. 291 91-40-42 Amended V. 27, p. 291 91-40-42a New V. 27, p. 292 91-40-43 Amended V. 27, p. 293 91-40-44 Amended V. 27, p. 293 91-40-45 Amended V. 27, p 293 91-40-46 Amended V. 27, p. 294 91-40-48 Amended V. 27, p. 294 91-40-50 Amended V. 27, p. 294 91-40-51 Amended V. 27, p. 295

AGENCY 92: DEPARTMENT OF REVENUE
Reg. No. Action Register
92-12-114 New V. 27, p. 865
92-12-140 through 92-12-145 New V. 27, p. 866, 867 92-19-16a Amended V. 26, p. 408 92-19-16b New V. 26, p. 409 92-19-55a Revoked V. 26, p. 409 92-19-70 Revoked V. 27, p. 868 92-19-81 Amended V. 26, p. 409 92-21-7 Revoked V. 26, p. 409 92-21-8 Revoked V. 26, p. 409 92-21-10 Revoked V. 26, p. 409 92-21-14 Amended V. 26, p. 409 92-21-16 Revoked V. 26, p. 409 92-21-17 Revoked V. 26, p. 409
92-27-1 through 92-27-5 New V. 26, p. 1648, 1649 AGENCY 97: KANSAS COMMISSION ON VETERANS’ AFFAIRS Reg. No. Action Register 97-6-1 New V. 26, p. 484 97-6-2 New V. 26, p. 485 97-6-4 through 97-6-11 New V. 26, p. 485-488

AGENCY 99: DEPARTMENT OF AGRICULTURE—DIVISION OF WEIGHTS AND MEASURES Reg. No. Action Register 99-25-1 Amended V. 27, p. 108 99-25-9 Amended V. 27, p. 108 99-25-11 New V. 27, p. 109 99-27-2 Amended V. 27, p. 1019 99-27-3 Revoked V. 27, p. 1019 99-27-4 Amended V. 27, p. 1019 99-27-5 Amended V. 27, p. 1019

AGENCY 100: BOARD OF HEALING ARTS Reg. No. Action Register 100-11-1 Amended V. 26, p. 1258 100-15-5 Amended V. 26, p. 384 100-15-6 Amended V. 26, p. 385 100-22-6 New V. 26, p. 1642 100-22-7 New V. 26, p. 1043 100-22-8 New V. 26, p. 1367 100-22-8 Revoked (T) V. 26, p. 1929 100-22-8 Revoked V. 27, p. 357 100-22-8a New (T) V. 26, p. 1929 100-22-8a New V. 27, p. 357 100-28a-1 Amended V. 26, p. 1753 100-29-7 Amended V. 27, p. 209 100-49-4 Amended V. 26, p. 1258 100-49-10 New V. 26, p. 1367 100-54-4 Amended V. 27, p. 209 100-54-7 Amended V. 26, p. 1043 100-54-8 Amended V. 26, p. 1044 100-55-4 Amended V. 27, p. 209 100-73-1 Amended V. 26, p. 1258 100-73-9 Amended V. 27, p. 315

AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. Action Register 102-1-7 Revoked V. 26, p. 881 102-1-12 Amended V. 27, p. 407 102-1-13 Amended V. 26, p. 1774 102-2-3 Amended V. 26, p. 1775 102-2-10 Revoked V. 26, p. 881 102-3-2 Amended V. 26, p. 1775 102-3-8a Revoked V. 26, p. 881 102-4-2 Amended V. 26, p. 1775 102-4-8a Revoked V. 26, p. 881 102-5-2 Amended V. 26, p. 1776 102-5-8 Revoked V. 26, p. 881 102-6-8 Amended V. 26, p. 881

AGENCY 105: BOARD OF INDIGENTS’ DEFENSE SERVICES Reg. No. Action Register 105-11-1 Amended V. 26, p. 1752

AGENCY 110: DEPARTMENT OF COMMERCE Reg. No. Action Register 110-13-10 Amended V. 26, p. 1752 110-13a-1 New V. 27, p. 1063 110-13a-2 New V. 27, p. 1063 110-13a-3 New V. 27, p. 1064 110-15-1 through 110-15-4 New V. 26, p. 1864 110-16-1 through 110-16-4 New V. 26, p. 1865, 1866 110-17-1 through 110-17-4 New V. 26, p. 1866, 1867 110-18-1 through 110-18-4 New V. 26, p. 1867, 1868 110-19-1 through 110-19-4 New V. 27, p. 1064, 1065 110-20-1 through 110-20-4 New V. 27, p. 1065, 1066

AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed by the Kansas Lottery from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed by the Kansas Lottery from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed by the Kansas Lottery from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. The following regulations were filed after January 1, 2008:
Reg. No. Action Register
111-2-211 New V. 27, p. 992 111-4-2614 Amended V. 27, p. 964
111-4-2645 through 111-4-2656 New V. 27, p. 436-442 111-4-2657 through 111-4-2662 New V. 27, p. 992-996 111-5-127 Amended V. 27, p. 442 111-5-128 Amended V. 27, p. 443 111-5-132 Amended V. 27, p. 443

AGENCY 112: RACING AND GAMING COMMISSION Reg. No. Action Register 112-4-9a Amended V. 27, p. 19 112-4-14a Amended V. 27, p. 19 112-5-1 Amended V. 27, p. 19 112-6-1 Amended V. 27, p. 20 112-7-6 Amended V. 27, p. 20 112-7-8 Amended V. 27, p. 21 112-7-15a Amended V. 27, p. 21 112-7-16 Amended V. 27, p. 22 112-7-18a Amended V. 27, p. 22 112-7-20 Amended V. 27, p. 23 112-8-9 Amended V. 27, p. 23 112-10-12 Amended V. 27, p. 23 112-10-32 Amended V. 27, p. 23 112-11-10 Amended V. 27, p. 24 112-11-20 Amended V. 27, p. 24 112-18-1 Amended V. 27, p. 26

AGENCY 115: DEPARTMENT OF
WILDLIFE AND PARKS
Reg. No. Action Register 115-2-1 Amended V. 26, p. 1722 115-2-3a Amended V. 27, p. 570 115-4-4 Amended V. 27, p. 403 115-4-4a Amended V. 27, p. 403 115-4-6 Amended V. 27, p. 109 115-4-6a Revoked V. 27, p. 112 115-4-13 Amended V. 27, p. 404 115-4-14 Revoked V. 27, p. 112 115-7-1 Amended V. 26, p. 1725 115-7-8 Amended V. 27, p. 405 115-7-9 Amended V. 27, p. 406 115-8-1 Amended V. 27, p. 572 115-8-7 Amended V. 26, p. 1364 115-8-13 Amended V. 27, p. 112 115-9-9 Amended V. 26, p. 641 115-18-7 Amended V. 27, p. 406 115-18-10 Amended V. 26, p. 1727 115-18-12 Amended V. 26, p. 1728 115-18-20 Amended V. 26, p. 1728 115-30-1 Amended V. 26, p. 1364 115-30-5 Amended V. 26, p. 1365 115-30-7 Amended V. 26, p. 1365 115-30-8 Amended V. 26, p. 1365 115-30-10 Amended V. 26, p. 1366 115-30-12 New V. 26, p. 1366

### 1103

Index to Regulations 

## Kansas Register

Kansas Secretary of State 2008 

### Vol. 27, No. 29, July 17, 2008 AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. Action Register 117-1-1 Amended V. 26, p. 1259 117-2-1 Amended V. 26, p. 1259 117-2-2 Amended V. 26, p. 1260 117-2-2a Amended V. 27, p. 16 117-2-3 Amended V. 26, p. 1261 117-2-4 Amended V. 26, p. 1261 117-3-1 Amended V. 26, p. 1262 117-3-2 Amended V. 26, p. 1265 117-3-2a Amended V. 27, p. 17 117-3-4 Amended V. 26, p. 1264 117-4-1 Amended V. 26, p. 1264 117-4-2 Amended V. 26, p. 1265 117-4-2a Amended V. 27, p. 17 117-4-3 Amended V. 26, p. 1266 117-4-4 Amended V. 26, p. 1266 117-5-2a Amended V. 27, p. 18 117-6-1 Amended V. 27, p. 357 117-6-2 Amended V. 26, p. 1267 117-7-1 Amended V. 27, p. 18 117-8-1 Amended V. 27, p. 19

AGENCY 118: STATE HISTORICAL SOCIETY Reg. No. Action Register 118-4-4 Amended V. 26, p. 46

AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-2-1 Amended V. 26, p. 1908 121-3-1 Amended V. 26, p. 1908 121-5-4 New V. 26, p. 1909 121-9-1 New V. 26, p. 1910

AGENCY 128: DEPARTMENT OF COMMERCE— KANSAS ATHLETIC COMMISSION Reg. No. Action Register 128-1-1 New (T) V. 27, p. 106 128-1-1 New V. 27, p. 358 128-2-1 New V. 27, p. 360 128-2-3 through 128-2-13 New V. 27, p. 360-362 128-2-12 New (T) V. 27, p. 107 128-3-1 New V. 27, p. 362
128-4-1 through 128-4-9 New V. 27, p. 363-367 128-4a-1 New V. 27, p. 367 128-5-1 New V. 27, p. 367 128-5-2 New V. 27, p. 368 128-6-1 New V. 27, p. 368 128-6-2 New V. 27, p. 371 128-6-4 New V. 27, p. 374

AGENCY 129: KANSAS HEALTH
POLICY AUTHORITY
Reg. No. Action Register 129-5-1 Amended V. 27, p. 628 129-5-65 New V. 26, p. 1091 129-5-78 New V. 27, p.1022

## Κανσασ Ρεγιστερ Σεχρεταρψ οφ Στατε 1στ Φλοορ, Μεμοριαλ Ηαλλ 120 Σ.Ω. 10τη Απε. Τοπεκα, ΚΣ 66612−1594

Υσε τηισ φορμ ορ α χοπψ οφ ιτ το εντερ α συβσχριπτιον:

Ονε−ψεαρ συβσχριπτιον ≅ ∃80 εα. (Κανσασ ρεσιδεντσ μυστ ινχλυδε αππλιχαβλε στατε ανδ λοχαλ σαλεσ ταξ.)

Τοταλ Ενχλοσεδ (Μακε χηεχκ παψαβλε το τηε Κανσασ Ρεγιστερ)

Σενδ το:

(Πλεασε, νο μορε τηαν 4 αδδρεσσ λινεσ.)

Ζιπ χοδε μυστ βε ινχλυδεδ



### Υσε τηισ φορμ ορ α χοπψ οφ ιτ το εντερ α ναμε ορ αδδρεσσ χηανγε:

Ρεμοπε ψουρ μαιλινγ λαβελ (αβοπε) ανδ αφφιξ ιτ ηερε: Ινδιχατε χηανγε οφ ναμε ορ αδδρεσσ ηερε:Τηισ σπαχε φορ Ρεγιστερ οφφιχε υσε ονλψ.Ρεχ. Νο. _________ Εξπ._________ Χοδε__________



### Μαιλ ειτηερ φορμ το: Κανσασ Ρεγιστερ, Σεχρεταρψ οφ Στατε, 1στ Φλοορ, Μεμοριαλ Ηαλλ, 120 Σ.Ω. 10τη Απε., Τοπεκα, ΚΣ 66612−1594

### Vol. 28, No. 29 July 16, 2009 Pages 1087-1122



## In this issue . . . Page

Legislative interim committee schedule

................................................... ............................................ 1088 Facilities Closure and Realignment Commission Notice of hearings .............................................

................................................... ........................ 1089 Kansas Department of Transportation Requests for comments on the Statewide Transportation Improvement Program .................... .................. 1089 Request for bids for transit vehicles ...................................

................................................... ........... 1089
State Conservation Commission Notice of meetings............................................

................................................... ......................... 1090 Secretary of State Notice of corporations forfeited.......................................

................................................... ............. 1090 Department of Administration—Division of Purchases Notice to bidders for state purchases....................

................................................... ......................... 1090 Federal Emergency Management Agency Public notices ............................................

................................................... ....................... 1091, 1092 Department of Revenue Notice of available publications.......................................

................................................... ............. 1093
Historic Sites Board of Review Notice of meeting .............................................

................................................... ......................... 1094 Department of Labor—Division of Workers Compensation Notice of hearing on proposed administrative regulations................................. ................................... 1094 Kansas Sentencing Commission Notice of committee meetings......................................

................................................... ................ 1095
Notice of Bond Sale City of Chanute ............................................

................................................... ............................ 1095 City of Wichita (corrected) .............................

................................................... ............................. 1096 City of Andale Notice of intent to seek private placement of general obligation bonds ........................... ........................ 1097 Department of Revenue—Division of Motor Vehicles Notice of intent to establish a new line-make for an existing ne w motor vehicle dealer .............................. 1097 Kansas State University Notice to bidders....................................

................................................... ................................... 1098 University of Kansas Notice to bidders....................................

................................................... ................................... 1098 Department of Health and Environment Notice concerning water pollution control permits/applications............................................... .............. 1098 Notice of hearing on state implementation plan revision................................ ...................................... 1100 Pooled Money Investment Board Notice of investment rates.........................................

................................................... .................. 1101 Temporary Administrative Regulations Behavioral Sciences Regulatory Board .....................................

................................................... ...... 1101 Board of Regents.............................................

................................................... .......................... 1101 Kansas Lottery..............................................

................................................... ............................ 1109 Index to administrative regulations

................................................... ................................................. 1116q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Interim Agenda 1088 

## Kansas Register

State of Kansas 

### Legislature

Interim Committee Schedule The following committee meetings have been scheduled durin g the period of July 28-29. Requests for accommodation to participate in committee meetings should be made a t least two working days in advance of the meeting by contacting Legislative Administrative Services at (785) 2 96-2391 or TTY (785) 296-8430. When available, agendas can be found at http: //

kslegislature.org

/ klrd. Interim committee memberships can be found on the Legi slative Research Department’s Web site at http: //skyways.lib.ks.us/ ksleg / KLRD / Committees.htm. Date Room Time Committee Agenda July 28 July 29 545-N

545-N 10:00 a.m.

9:00 a.m. Joint Committee on

Legislative Educational Planning Budget updates from K-12 and higher education, and review a variety of K-12 issues. July 29 535-N 10:00 a.m. Kansas Electric Transmission Authority Possible matters of discussion: ITC/ Great Plains docket before the KCC; Southwest Power Pool Regional State Committee and Board meetings; plans for a meeting of state infrastructure authorities; and other KETA business. Jeffrey M. Russell

Director of Legislative Administrative Services

Doc. No. 037278

The KANSAS REGISTER (USPS 0662-190) is an official publication of the State of Kansas, published by authority of K.S.A. 75- 430. The Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies may be purchased, if available, for $2 each. Periodicals postage paid at Topeka,
KS.
POSTMASTER: Send change of address form to Kansas Register, Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594.

q Kansas Secretary of State 2009. Reproduction of this publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced in any form without permission.

PUBLISHED BY Ron Thornburgh Secretary of State 1st Floor, Memorial Hall 120 S.W. 10th Ave. Topeka, KS 66612-1594 (785) 296-4564 www.kssos.org Register Office: 1st Floor, Memorial Hall (785) 296-3489 Fax (785) 368-8024 kansasregister@kssos.orgq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notices/Request for Comments 1089 

## Kansas Register

State of Kansas



### Facilities Closure and Realignment Commission

Notice of Hearings The Facilities Closure and Realignment Commission will be hosting public hearings in Topeka. The first hearing will be to discuss the Kansas State School for the Deaf and willbegin at 1 p.m. Monday, July 27, in Room 143-N, State Capitol, 300 S.W. 10th Ave. The second hearing will be at 10:30 a.m. Tuesday, July 28, at the Rehabilitation Center for theBlind and Visually Impaired located at 2601 S.W. East Circle Drive North (1st and MacVicar, Kanza Business andTechnology Park). For more information, contact the commission at Closure.Commission@ks.gov.

Rochelle Chronister

Chair

Doc. No. 037286

State of Kansas 

### Department of Transportation

Request for Comments The Kansas Department of Transportation requestscomments on the amendment of the Statewide Transportation Improvement Program (STIP) FY 2009-2012 by adding the following American Recovery Reform Act projects:
Project KA-1810-01, Track and Bridge Rehabilitation, Nebraska Kansas Colorado Railway, Inc. at or near St. Francis in Cheyenne, Decatur, and Rawlins counties Project KA-1811-01, Extend 10-Car Siding to 25-Car Capacity, Kansas and Oklahoma Railroad at Sawyer Farmers Coop, Pratt County Project KA-1812-01, Construct 2,000 ft. of Siding and aNew Switch, Kyle Railroad Company — Nesika Sidetrack, Republic County Project KA-1813-01, Expand Siding from 4 Railcars to 15 Railcars, Kansas and Oklahoma Railroad at Alexander Mid-States Farmers Coop, Rush County The amendment of the STIP requires a 30-day public comment period. To receive more information on any ofthese projects or to make comments on the STIP amendment, contact the Kansas Department of Transportation, Bureau of Program and Project Management, 2nd FloorTower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754, (785) 296-3526, fax (785) 368- 6664. This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Bureau of Transportation Information, (785) 296- 3585 (Voice

/ TTY). The comment period regarding the STIP amendment will conclude August 17.

Deb Miller Secretary of Transportation

Doc. No. 037283 State of Kansas 

### Department of Transportation

Request for Bids The Kansas Department of Transportation’s Office of Public Transportation announces that the Kansas Coordinated Transit District Council is now accepting courtesy bids for Kansas’ transit vehicles.These courtesy bids will cover six types of 2010 modelyear transit vehicles, including minivans, ramp minivans,and 13- and 20-passenger small transit buses with optional wheelchair lifts. The transit vehicles will be funde d by the Federal Transit Administration and the state of Kansas, and must comply with all applicable federal laws (including FMVSS and ADA requirements) and state laws for passenger vehicles of this type. These vehicles will be used in the KDOT Public Transportation Program to transport the elderly, disabled, and the general public.The bid opening is scheduled for 9 a.m. Monday, August 31, in Wichita. Inquiries or requests for a bid package (on CD-ROM) should be made directly to Sarah Krom,Chairperson, Kansas Coordinated Transit District Council, P.O. Box 838, Great Bend, 67530, (620) 792-1321.

Deb Miller Secretary of Transportation

Doc. No. 037274

State of Kansas 

### Department of Transportation

Request for Comments The Kansas Department of Transportation requestscomments on the amendment of the Statewide Transportation Improvement Program (STIP) FY 2009-2012 by adding the following intercity passenger rail study:

• The development of a Service Development Plan to prepare rationale (including purpose and need), service/operating plan and prioritized capital plan, and implementation plan (including project management approach, stakeholder agreementsand financial plan) for potential expanded passenger rail service between Kansas City, Missouri,and Oklahoma City, Oklahoma, via Newton, Kansas. The amendment of the STIP requires a 30-day public comment period. To receive more information on this project or to make comments on the STIP amendment, contact the Kansas Department of Transportation, Bureauof Transportation Planning, 2nd Floor Tower, Eisenhower State Office Building, 700 S.W. Harrison, Topeka, 66603-3754, (785) 296-3228, fax (785) 296-0963. This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Bureau of Transportation Information, (785) 296- 3585 (Voice

/ TTY). The comment period regarding the STIP amendment will conclude August 17.

Deb Miller Secretary of Transportation

Doc. No. 037281q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Meetings/Notices 1090 

## Kansas Register

State of Kansas 

### State Conservation Commission

Notice of Meetings The State Conservation Commission will have a joint meeting with the Kansas Association of ConservationDistricts Monday, August 3, at the Bank of America Community Building, 118 N. Main., Lindsborg. The regularbusiness meeting of the commission will begin at approximately 10 a.m. and the joint meeting will begin at 8 a.m. If special accommodations are needed, individuals should contact the State Conservation Commission at least three business days prior to the meeting at (785) 296- 3600. Greg A. Foley Executive Director

Doc. No. 037276

State of Kansas 

### Secretary of State

Notice of Corporations Forfeited
In accordance with K.S.A. 17-7510, the articles of incorporation of the following corporations organized underthe laws of Kansas and the authority of the following foreign corporations authorized to do business in Kansas were forfeited during the month of June 2009 for failure to timely file an annual report and pay the annual report fee as required by the Kansas general corporation code:

Domestic Corporations

Access to Services, Inc., Lawrence, KS. AccountData Staffing, Inc., Littleton, CO. Angel De La Guarda Inc., Overland Park, KS. Armour Insulation, L.L.C., Lenexa, KS. Better Business Bureau of Kansas Incorporated, Wichita, KS. Caney Valley Iron & Supply, Inc., Caney, KS. Coffelt Corp., Roeland Park, KS. COS, Incorporated, Mulvane, KS. Deer Creek Court Homes Association, Inc., Overland Park, KS. Fencecorp, LLC, Valley Center, KS. Georgetown Village Home Health Agency, Inc., Wichita, KS. H. Wayne Palmer & Associates, Inc., Overland Park, KS. Hatcher Farms, Inc., Goodland, KS. Hughs Livestock, Inc., Syracuse, KS. Jet Connect, Inc., Oberlin, KS. Kansas Communication Systems, Inc., Chanute, KS. Keith’s Irrigation, Inc., Kinsley, KS. KJF Enterprises, Inc., Ottawa, KS. L. J. Thompson, Inc., Newton, KS. McPherson Multi-List Service, Inc., McPherson, KS. Phazetwo, Inc., Leawood, KS. Pride Investments, Inc., Wichita, KS. Primus Healthcare Corporation, Overland Park, KS. Project Concern of Atchison, Atchison, KS. Reeves Services, Inc., Atwood, KS. RLB Management Company, Inc., Leawood, KS. Rosedale Optimist Club, Inc., Shawnee, KS. Se Lah Family Restaurant and Entertainment Center Inc., Wichita, KS. Shawnee County Amateur Baseball Association, Inc., Topeka, KS. Smiling Face Ministries, Inc., Lenexa, KS. Spear’s Food Service Company, Wichita, KS. Tech Build Company, Inc., Topeka, KS. The Blue Sky R

/ C IMAA Chapter #291, Inc., Topeka KS. The Kiwanis Club, Inc., Larned, Kansas, Larned, KS. Topeka, Kansas Chapter No.142 of the National Association of Women in Construction, Topeka, KS. United Fund of Hoisington, Hoisington, KS. Unruh Automotive Service, Inc., Wichita, KS.

Foreign Corporations

Access Cash International L.L.C., Portland, OR. Advanced Delivery Systems, Inc., Westport, CT. Air Race Classic, Inc., Cheney, KS. Amata Oil Company, Inc., Council Bluffs, IA. Coleridge Design & Imaging, Inc., Kansas City, MO. EMC Residential Mortgage Corporation, Lewisville, TX. GMG Investments LLC, Thousand Oaks, CA. K & W Well Service, Inc., Cushing, OK. Lippert Mechanical Service Corp., Kansas City, MO. Oriental Culture Association, Farmington Hills. MI. Plymouth Park Tax Services LLC, Whippany, NJ. Points of Light Foundation, Washington, DC. Red Echo Group, Olathe, KS. Sharon, Inc., Tekamah, NE. Sloan Acquisition Corporation, Kansas City, MO. World Web Access, Inc., Pearl River, NY. Ron Thornburgh Secretary of State

Doc. No. 037269

State of Kansas 

### Department of Administration Division of Purchases

Notice to BiddersSealed bids for items listed will be received by the Director of Purchases until 2 p.m. on the date indicated. For more information, call (785) 296-2376:

07 / 27 / 2009 12398 Site Work Jardine D 07 / 29 / 2009 12391 Abandoned Well Plugging 07 / 29 / 2009 12395 Digital Microwave Video Downlink

System 07 / 30/ 2009 12393 Aggregate (AIC, MRA, AB, Riprap,

Ditch Lining, Cover Material) 07 / 30/ 2009 12394 The University of Kansas Medical Center

ASL Interpreting Service 07 / 30/ 2009 12399 Elevator Modernization 08 /07 / 2009 12387 Technical Environment Software

AG (SAG) Products Assessment 08 / 11 / 2009 12390 Independent Audits of Disproportionate

Share Hospital (DSH) Payments

The above-referenced bid documents can be downloaded at the following Web site:

http: // www.da.ks.gov/

purch / Additional files may be located at the following Web site (please monitor this Web site on a regular basis for any changes

/addenda): http: //da.state.ks.us/

purch /adds/default.htm

Chris Howe Director of Purchases

Doc. No. 037282q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notice 1091 

## Kansas Register

(Published in the Kansas Register July 16, 2009.) 

### Federal Emergency Management Agency

Public NoticeThe Department of Homeland Security, Federal Emergency Management Agency (FEMA), hereby gives noticeto the public of its intent to reimburse state and local governments and agencies, and eligible private nonprofit organizations, for eligible costs incurred to repair and/or replace facilities damaged by severe winter storm and record and near record snowfall. This notice applies to the Public Assistance (PA) and Hazard Mitigation Grant (HMGP) programs implemented under the authority ofthe Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC §§ 5121-5206, as amended.Under a major disaster declaration (FEMA-1848-DRKS) signed by the President on June 24, 2009, the following counties in the state of Kansas have been designatedfor PA: Butler, Chase, Chautauqua, Coffey, Cowley, Dickinson, Elk, Grant, Greenwood, Harvey, Lyon, Marion, Sumner and Woodson. This public notice concerns public assistance activities that may affect historic properties, activities that are lo

cated in or affect wetland areas or the 100-Year Floodplain (areas determined to have a 1 percent probability of flooding in any given year), and critical actions within the 500-Year Floodplain. Such activities may adversely affect the historic property, floodplain or wetland, or may result in continuing vulnerability to flood damage. Such activities may include restoring facilities locatedin a floodplain with eligible damage to pre-disaster condition. Examples of such activities include, but are not limited to, the following: 1. Non-emergency debris removal and disposal; 2. Non-emergency protective measures; 3. Repair

/replacement of roads, including streets, culverts, and bridges; 4. Repair

/ replacement of public dams, reservoirs and channels; 5. Repair

/ replacement of public buildings and related equipment; 6. Repair

/ replacement of public water control facilities, pipes and distribution systems; 7. Repair

/ replacement of public utilities, including sewage treatment plants, sewers and electrical power distribution systems; and 8. Repair

/replacement of eligible private, nonprofit facilities (hospitals, educational centers, emergency and custodial care services, etc.). The President’s Executive Order 11988, Floodplain Management, and Executive Order 11990, Protection of Wetlands, requires that all federal actions in or affecting the 100-Year floodplain or wetland areas be reviewed for opportunities to move the facility out of the floodplain or wetland and to reduce the risk of future damage or lossfrom flooding and minimize harms to wetlands. However, FEMA has determined that in certain situations, there are no alternatives to restoring an eligible facility located in the floodplain to its pre-disaster condition. These situations meet all of the following criteria: 1. The FEMA estimated cost of repairs is less than 50 percent of the estimated cost to replace the facility and the replacement cost of the facility is less than $100,000. 2. The facility is not located in a floodway or coastal high hazard area. 3. The facility has not sustained structural damage in a previous presidentially declared flood disaster or
emergency. 4. The facility is not defined as critical (e.g., hospital, generating plant, contains dangerous materials, emergency operation center, etc.). FEMA will provide assistance to restore the facilities described above to their pre-disaster condition except when measures to mitigate the effects of future floodingmay be incorporated into the restoration work. For example, insufficient waterway openings under culverts and bridges may cause water backup to wash out the structures. The water backup could wash out the facility and could damage other facilities in the area. Increasing the size of the waterway opening would mitigate, orlessen, the potential for this damage. Additional examples of mitigation measures include providing erosion protection at bridge abutments or levees, and extending entrance tubes on sewage lift stations. Disaster assistance projects to restore facilities, whichdo not meet the criteria listed above, must undergo a detailed review. The review will include a study to determine if the facility can be moved out of the floodplain.The public is invited to participate in the review. The public may identify alternatives for restoring the facility an dmay participate in analyzing the impact of the alternatives on the facility and the floodplain. An address and phone number for obtaining information about specific assistance projects is provided at the end of this notice. The final determination regarding the restoration of thesefacilities in a floodplain will be announced in future public notices. Due to the urgent need for and/or use of the certain facilities in a floodplain, actions to restore the facility may have started before the federal inspector visits the site. Some of these facilities may meet the criteria for a detailedreview to determine if they should be relocated. Generally, facilities may be restored in their original location where at least one of the following conditions applies: 1. The facility, such as a flood control device or bridge, is functionally dependent on its floodplain location. 2. The facilities, such as a park or other open-use space, already represent sound floodplain management and, therefore, there is no need to change it. 3. The facility, such as a road or a utility, is an integral part of a larger network that could not be relocated economically. 4. Emergency action is needed to address a threat to public health and safety.The effects of not relocating the facilities will be examined. In each case, the examination must show anoverriding public need for the facility at its original location that clearly outweighed the requirements in the Executive Order to relocate the facility out of the flood- (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notices 1092 

## Kansas Register

plain. FEMA will also consult state and local officials to make certain that no actions taken will violate either state or local floodplain protection standards. The restoration of these facilities may also incorporate certain measures designed to mitigate the effects of future flooding. Thiswill be the only notice to the public concerning these facilities. FEMA also intends to provide Hazard Mitigation Grant Program (HMPG) funding under Section 404 of the Stafford Act to the state of Missouri for the purposes of mitigating future disaster damages. Hazard mitigation projects may involve the construction of a new facility (e.g., retention pond or debris dam), modification of an existing undamaged facility (e.g., improving waterwayopenings of bridges or culverts), and the relocation of facilities out of the floodplain. Subsequent notices will pro

vide more specific information as project proposals are developed. Information about assistance projects may be obtained by submitting a written request to the Regional Director, DHS-FEMA Region VII, 9221 Ward Parkway, Suite 300, Kansas City, MO 64114-3372. The information may also be obtained by calling (816) 283-7060 between the hoursof 8 a.m. and 4:30 p.m., Monday through Friday. Comments should be sent in writing to the Regional Director,at the above address, within 15 days of the date of publication of this notice.

Scott Sanders Public Information Officer FEMA External Affairs

Doc. No. 037284

(Published in the Kansas Register July 16, 2009.) 

### Federal Emergency Management Agency

Public NoticeThe Department of Homeland Security, Federal Emergency Management Agency (FEMA), hereby gives noticeto the public of its intent to reimburse state and local governments and agencies, and eligible private nonprofit organizations, for eligible costs incurred to repair and/or replace facilities damaged by severe storms, flooding, straight-line winds and tornados. This notice applies to the Public Assistance (PA) and Hazard Mitigation Grant (HMGP) programs implemented under the authority ofthe Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC §§ 5121-5206, as amended.Under a major disaster declaration (FEMA-1849-DRKS) signed by the President on June 25, 2009, the following counties in the state of Kansas have been designatedfor PA: Anderson, Barber, Bourbon, Butler, Chase, Cherokee, Coffey, Cowley, Crawford, Elk, Finney, Greenwood, Harper, Harvey, Kingman, Labette, Linn, Lyon, Marion, Marshall, Montgomery, Morris, Neosho, Reno, Rice, Sumner, Wabaunsee and Wilson. This public notice concerns public assistance activities that may affect historic properties, activities that are lo

cated in or affect wetland areas or the 100-Year Floodplain (areas determined to have a 1 percent probability of flooding in any given year), and critical actions within the 500-Year Floodplain. Such activities may adversely affect the historic property, floodplain or wetland, or may result in continuing vulnerability to flood damage. Such activities may include restoring facilities locatedin a floodplain with eligible damage to pre-disaster condition. Examples of such activities include, but are not limited to, the following: 1. Non-emergency debris removal and disposal; 2. Non-emergency protective measures; 3. Repair

/replacement of roads, including streets, culverts, and bridges; 4. Repair

/ replacement of public dams, reservoirs and channels; 5. Repair

/ replacement of public buildings and related equipment; 6. Repair

/ replacement of public water control facilities, pipes and distribution systems; 7. Repair

/ replacement of public utilities, including sewage treatment plants, sewers and electrical power distribution systems; and 8. Repair

/replacement of eligible private, nonprofit facilities (hospitals, educational centers, emergency and custodial care services, etc.). The President’s Executive Order 11988, Floodplain Management, and Executive Order 11990, Protection of Wetlands, requires that all federal actions in or affecting the 100-Year floodplain or wetland areas be reviewed for opportunities to move the facility out of the floodplain or wetland and to reduce the risk of future damage or lossfrom flooding and minimize harms to wetlands. However, FEMA has determined that in certain situations, there are no alternatives to restoring an eligible facility located in the floodplain to its pre-disaster condition. These situations meet all of the following criteria: 1. The FEMA estimated cost of repairs is less than 50 percent of the estimated cost to replace the facility and the replacement cost of the facility is less than $100,000. 2. The facility is not located in a floodway or coastal high hazard area. 3. The facility has not sustained structural damage in a previous presidentially declared flood disaster or
emergency. 4. The facility is not defined as critical (e.g., hospital, generating plant, contains dangerous materials, emergency operation center, etc.). FEMA will provide assistance to restore the facilities described above to their pre-disaster condition except when measures to mitigate the effects of future floodingmay be incorporated into the restoration work. For example, insufficient waterway openings under culverts and bridges may cause water backup to wash out the structures. The water backup could wash out the facility and could damage other facilities in the area. Increasing the size of the waterway opening would mitigate, orlessen, the potential for this damage. Additional examples of mitigation measures include providing erosion protection at bridge abutments or levees, and extending entrance tubes on sewage lift stations. Disaster assistance projects to restore facilities, which do not meet the criteria listed above, must undergo a de-q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notices 1093 

## Kansas Register

tailed review. The review will include a study to determine if the facility can be moved out of the floodplain.The public is invited to participate in the review. The public may identify alternatives for restoring the facility an dmay participate in analyzing the impact of the alternatives on the facility and the floodplain. An address and phone number for obtaining information about specific assistance projects is provided at the end of this notice. The final determination regarding the restoration of thesefacilities in a floodplain will be announced in future public notices. Due to the urgent need for and/or use of the certain facilities in a floodplain, actions to restore the facility may have started before the federal inspector visits the site. Some of these facilities may meet the criteria for a detailedreview to determine if they should be relocated. Generally, facilities may be restored in their original location where at least one of the following conditions applies: 1. The facility, such as a flood control device or bridge, is functionally dependent on its floodplain location. 2. The facilities, such as a park or other open-use space, already represent sound floodplain management and, therefore, there is no need to change it. 3. The facility, such as a road or a utility, is an integral part of a larger network that could not be relocated economically. 4. Emergency action is needed to address a threat to public health and safety.The effects of not relocating the facilities will be examined. In each case, the examination must show anoverriding public need for the facility at its original location that clearly outweighed the requirements in theExecutive Order to relocate the facility out of the floodplain. FEMA will also consult state and local officials to make certain that no actions taken will violate either state or local floodplain protection standards. The restoration of these facilities may also incorporate certain measures designed to mitigate the effects of future flooding. Thiswill be the only notice to the public concerning these facilities. FEMA also intends to provide Hazard Mitigation Grant Program (HMPG) funding under Section 404 of the Stafford Act to the state of Missouri for the purposes of mitigating future disaster damages. Hazard mitigation projects may involve the construction of a new facility (e.g., retention pond or debris dam), modification of an existing undamaged facility (e.g., improving waterwayopenings of bridges or culverts), and the relocation of facilities out of the floodplain. Subsequent notices will pro

vide more specific information as project proposals are developed. Information about assistance projects may be obtained by submitting a written request to the Regional Director, DHS-FEMA Region VII, 9221 Ward Parkway, Suite 300, Kansas City, MO 64114-3372. The information may also be obtained by calling (816) 283-7060 between the hoursof 8 a.m. and 4:30 p.m., Monday through Friday. Comments should be sent in writing to the Regional Director, at the above address, within 15 days of the date of publication of this notice.

Scott Sanders Public Information Officer FEMA External Affairs

Doc. No. 037285

State of Kansas



### Department of Revenue

Notice of Available Publications Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&A’s, Information Guides and Notices published by theDepartment of Revenue for June 2009. Copies can be obtained by accessing the Policy Information Library located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at (785) 296-3081. Private Letter Rulings P-2009-004 Sales Tax Application to Electricity, Gas, and

Water Used In Nursing Homes and in Other Assisted Living Units. P-2009-005 Monthly Fees to Access and Use a Pre-Written

Computer Software Program. Opinion Letters O-2009-010 Wholesale diesel and gasoline fuel supplies.

Final Written Determinations No new publications Revenue Rulings 19-2009-01 Tax Treatment of Computer Software Maintenance

Agreements in Kansas. 19-2009-02 Application of Senate Substitute for House Bill

2365 Statute of Limitations for Sales and Use Tax Refunds During Field Audits.

Notices
09-05 Manufacturer’s Rebate on the Purchase or Lease of New Motor Vehicles. 09-06 Sales Tax Base on Motor Fuel Purchases Includes Federal Excise Taxes. 09-07 Sales and Use Tax Refund Statute of Limitations Reduced to One Year. 09-08 Kansas Discount Rates for Colorado Retailers. 09-09 Reduction of Tax Credits by 2009 House Bill 2365.

Memorandums 2009 Legislative Enactments & Changes Property Valuation Division Directives No new publications
Q&A’s No new publications

Information Guides No new publications Joan Wagnon Secretary of Revenue

Doc. No. 037270q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Meeting/Hearing 1094 

## Kansas Register

State of Kansas 

### Historic Sites Board of Review

Notice of Meeting

The Kansas Historic Sites Board of Review will meet at 9 a.m. Saturday, August 15, in classrooms A and B in the Kansas Museum of History, 6425 S.W. 6th Ave., Topeka. The board will consider the following items concerning the National Register of Historic Places and the Register of Historic Kansas Places: Nominations to the National Register of Historic Places

Fort Scott Downtown Historic District — Oak to 3rd St., Scott Ave. to National Ave., Fort Scott, Bourbon County Helmers Manufacturing Company Building — 300 Santa Fe St. / 2500 S. 2nd St., Leavenworth, Leavenworth County Garfield Elementary School — 300 N.W. 7th St., Abilene, Dickinson County (Nominated as part of the ‘‘Historic Public Schools of Kansas’’ MPS) Old Gray County Courthouse — 117 S. Main St., Cimarron, Gray County Penley House — 3400 Penley Drive, Wichita, SedgwickCounty (Nominated as part of the ‘‘Residential Resources of Wichita’’ MPS) Wichita High School — 324 N. Emporia, Wichita, Sedgwick County (Nominated as part of the ‘‘Historic Public Schools of Kansas’’ MPS) G.W. Norris House — 301 E 12th Ave., Hutchinson, Reno County Cuba Blacksmith Shop

— 1 ⁄ 2 block west of Baird St. on Lynn St., Cuba, Republic County Wathena Fruit Growers Association Building — 104 3rd St., Wathena, Doniphan County Nominations to the Register of Historic Kansas Places St. Joseph’s Catholic Church & Cemetery — 13497 Lower McDowell Creek Road, Geary County Request for Removal from National Register of Historic Places

Shedd & Marshall Store — 243 Whiting, Whiting, Jackson County Request for Removal from the Register of Historic Kansas Places Nelson Building — 106-108 E. Wall St., Fort Scott, Bourbon County Miller Block — 1-5 S Main, Fort Scott, Bourbon County Anyone requiring special accommodations to attendthe meeting should contact the Cultural Resources Division of the Kansas State Historical Society, 6425 S.W. 6th Ave., Topeka, 66615-1099, (785) 272-8681, ext., 240, at lea st two weeks prior to the meeting to discuss how the board can ensure participation. Jennie Chinn Executive Director

Doc. No. 037280 State of Kansas 

### Department of Labor Division of Workers Compensation

Notice of Hearing on Proposed Administrative Regulations A public hearing will be conducted at 1 p.m. Friday, September 18, in Hearing Room 2 in the lower level ofthe US Bank Building, 800 S.W. Jackson, Topeka, to consider the adoption of an amendment to a permanent regulation of the Division of Workers Compensation. The 60-day notice of the public hearing shall constitute a public comment period for the purpose of receivingwritten public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to the director of the Division of Workers Compensation, 800 S.W. Jackson, Suite 600, Topeka, 66612-1227, or by e-mail to Dr. Terry Tracy terry.tracy@dol.ks.gov or Anne Haught at anne.haught@dol.ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulation during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit oral presentation to 10 minutes.Any individual with a disability may request accommodation in order to participate in the public hearing andmay request the proposed regulation and economic impact statement in an accessible format. Request for accommodation should be made at least five working days in advance of the hearing by contacting Dr. Terry A. Tracy at (785) 296-0846 or terry.tracy@dol.ks.gov. Parking for individuals with disabilities is located on the second leve l of the US Bank Building’s enclosed parking. Also, the west entrance of the US Bank Building is accessible to individuals with disabilities. A complete copy of the regulation and the economicimpact statement may be obtained by contacting the division. The following is a brief summary of the proposed regulation: K.A.R. 51-9-7, Fees for medical and hospital services.The proposed change to this regulation is made in accordance with K.S.A. 44-510i(c)(2), which requires the schedule of maximum fees to be revised as necessary atleast every two years by the director of Workers Compensation to assure that the schedule is current, reasonable and fair. The fee schedule establishes the maximumfees for medical, surgical, hospital, dental, nursing, vocational rehabilitation or any other treatment or servicesprovided or ordered by health care providers and rendered to employees under the Workers Compensation Act.Copies of the regulation and its economic impact statement may be obtained from the Division of WorkersCompensation at the address above or through e-mail request to Dr. Terry Tracy at terry.tracy@dol.ks.gov or Anne Haught at anne.haught@dol.ks.gov.
Paula Greathouse, Director Division of Workers Compensation

Doc. No. 037268q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Meetings/Bond Sale 1095 

## Kansas Register

State of Kansas 

### Kansas Sentencing Commission

Notice of Committee Meetings The Kansas Sentencing Commission’s Proportionality of Sentencing Subcommittee will meet from 9:30 a.m. to noon July 23 and August 27 in the Senate Room of the Jayhawk Tower, 700 S.W. Jackson, Topeka. Requests for accommodation to attend the meetings should be made at least five working days in advance of the meeting by contacting Brenda Harmon at (785) 296-0923. Helen Pedigo Executive Director

Doc. No. 037273

(Published in the Kansas Register July 16, 2009.)

Summary Notice of Bond Sale City of Chanute, Kansas $3,575,000* General Obligation Sales Tax Bonds

Series 2009-C (General obligation bonds payable from unlimited ad valorem taxes)

Bids Subject to the notice of bond sale dated July 15, 2009, written and electronic bids will be received on behalf of the director of finance of the city of Chanute, Kansas (the issuer), in the case of written bids, at the address set forthbelow, and in the case of electronic bids, through PARITY, until 11 a.m. July 27, 2009, for the purchase of the above-referenced bonds. No bid of less than 99.15 percent of the principal amount of the bonds and any accrued interest thereon to the date of delivery will be considered.

Bond Details The bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The bonds will be dated August 11, 2009, and will become due on September 1 in the years as follows:

Year Principal Amount* 2010 $295,000 2011 310,000 2012 320,000 2013 330,000 2014 345,000 2015 360,000 2016 375,000 2017 395,000 2018 415,000 2019 430,000

The bonds will bear interest from the date thereof atrates to be determined when the bonds are sold as hereinafter provided, which interest will be payable semiannually on March 1 and September 1 in each year, beginning March 1, 2010. Book-Entry-Only System The bonds shall be registered under a book-entry-only system administered through DTC. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid shall be accompanied by a good faith deposit in the form of a cashier’s or certified check drawn on a bank located in the United States, or a qualified financial surety bond or a wire transfer in Federal Reserve funds, immediately available for use by the issuer in the amount of $71,500. DeliveryThe issuer will pay for printing the bonds and will deliver the same properly prepared, executed and registered without cost to the successful bidder on or about August 11, 2009, to DTC for the account of the successful bidder.

Assessed Valuation and IndebtednessThe equalized assessed tangible valuation for computation of bonded debt limitations for the year 2008 is $51,935,046. The total general obligation indebtedness of the issuer as of the dated date, including the bonds being sold, is $22,905,000*. Approval of Bonds The bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Wichita, Kansas, bond counsel, whose approving legal opinion as to the validity of the bonds will be furnished and paid for by the issuer,printed on the bonds and delivered to the successful bidder when the bonds are delivered.

Additional Information Additional information regarding the bonds may beobtained from the undersigned or from the financial advisor at the addresses set forth below. Written Bid and Good Faith Deposit Delivery Address: City Hall 101 S. Lincoln, P.O. Box 907 Chanute, KS 66720-0907 (620) 431-5200 Fax (620) 431-5225 E-mail: jmcewen@chanute.org

Financial Advisor - Facsimile Bid and Good Faith Deposit Delivery Address: UMB Bank, N.A. 1010 Grand Blvd. 2nd Floor – Investment Banking Kansas City, MO 64106 Attn: Philip B. Richter or S. Michael Drum (816) 860-1526 Fax (816) 860-4829 E-mail: philip.richter@umb.com michael.drum@umb.com
Dated July 15, 2009. City of Chanute, Kansas By: James McEwen Director of Finance *Subject to change.

Doc. No. 037275q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Bond Sale 1096 

## Kansas Register

(Published in the Kansas Register July 16, 2009.) Corrected Summary Notice of Sale City of Wichita, Kansas $27,350,000* Aggregate Principal Amount General Obligation Bonds Series 797, 798 and 798A (General obligation bonds payable from unlimited ad valorem taxes)

Bids Subject to the official notice of sale dated July 7, 2009, bids will be received by the director of finance on behalfof the city of Wichita, Kansas, at the office of the Department of Finance, 12th Floor, City Hall, 455 N. Main, Wichita, KS 67202-1697, via PARITY electronic bid submissionsystem until 10 a.m. Tuesday, July 21, 2009, for the purchase of the city’s $11,240,000* principal amount of General Obligation Bonds, Series 797; $8,460,000* principal amount of General Obligation Bonds, Series 798; and $7,650,000* principal amount of General Obligation Bonds, Series 798A. The Series 797, the Series 798 and the Series 798A Bonds are herein collectively referred to as the bonds. All bids shall be publicly read and tabulated on said date and at said time and place. The bids will be considered and each series of bonds will be awarded by the City Council in the Council Chamber at City Hall at its earliest convenience following the bid opening.No oral or auction bid for the bonds shall be considered, and no bid of less than the entire principal amount of each series of bonds, plus accrued interest to the date of delivery, will be considered. Bids may be submitted electronically through PARITY. Each bidder shall be solely responsible for making thenecessary arrangements to access PARITY for the purpose of submitting its electronic bid in a timely manner and in compliance with the notice of sale. To the extent any instructions or directions set forth in PARITY conflict with the notice of sale, the terms of the notice of sale shall control. The city shall not be responsible for any failure, misdirection or error in the transmission of a bid throughPARITY. For further information about the electronic bidding services of PARITY, potential bidders may contact Ipreo, 1359 Broadway, 2nd Floor, New York, NY 10018, (212) 849-5021.

Bond Details The bonds will be in book-entry-only form. The bondswill be issued in the denomination of $5,000 or any integral multiple thereof, will be dated August 1, 2009 (the dated date), and will become due in the years as follows: Maturity Schedule - Series 797 Bonds Maturing December 1 Principal Amount* 2010 $ 870,000 2011 905,000 2012 940,000 2013 975,000 2014 1,015,000 2015 1,055,000 2016 1,100,000 2017 1,145,000 2018 1,190,000 2019 1,235,000 2020 150,000 2021 155,000 2022 160,000 2023 170,000 2024 175,000
Maturity Schedule - Series 798 Bonds Maturing December 1 Principal Amount* 2010 $455,000 2011 470,000 2012 480,000 2013 495,000 2014 510,000 2015 525,000 2016 545,000 2017 560,000 2018 575,000 2019 595,000 2020 610,000 2021 630,000 2022 650,000 2023 670,000 2024 690,000
Maturity Schedule - Series 798A Bonds Maturing December 1 Principal Amount* 2010 $255,000 2011 265,000 2012 280,000 2013 290,000 2014 300,000 2015 315,000 2016 325,000 2017 340,000 2018 350,000 2019 365,000 2020 380,000 2021 395,000 2022 410,000 2023 430,000 2024 445,000 2025 465,000 2026 480,000 2027 500,000 2028 520,000 2029 540,000

The bonds will bear interest from the dated date at rates to be determined when the bonds are sold as provided in the notice of sale. Interest on the Series 797, 798 and 798ABonds will be payable semiannually on June 1 and December 1 in each year, beginning June 1, 2010. Principal Amounts Subject to ChangeThe city reserves the right to decrease the total principal amount of each series of bonds and the principal amount of any maturity in order to properly size a bond issue including adjustments based on net bond proceeds received by the city as a result of any premium bid. Ad-q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Bond Sale/Notices 1097 

## Kansas Register

justments, if required, will be made proportionately toeach maturity as permitted by the authorized denominations of such series of bonds. The successful bidder may not withdraw its bid or change the interest rates bid as a result of any changes made to the principal amount of a series of bonds as described. If there is an adjustment in the final aggregate principal amount of a series of bonds or the schedule of principal payments as described above, any premium bid on such series of bonds will be proportionately adjusted. At the request of the city, eachsuccessful bidder agrees to resize the applicable bond issue, adjust the premium and provide a revised maturity schedule to the city promptly after receipt of notification of such a request by the city. Paying Agent and Bond Registrar Kansas State Treasurer, Topeka, Kansas. Good Faith Deposit Each bid for each series of bonds shall be accompanied by a cashier’s or certified check drawn on a bank located in the United States, or a financial surety bond in a form that complies with the requirements set forth in the notice of sale, in an amount equal to 2 percent of the principal amount of the series of bonds for which the bid is submitted. Delivery The city will pay for preparation of the bonds and willdeliver the same properly prepared, executed and registered without cost to the successful bidder(s) on or about August 20, 2009, at the offices of the Depository Trust Company, New York, New York.

Assessed Valuation and IndebtednessThe equalized assessed tangible valuation for computation of bonded debt limitations is $3,547,637,000. The total general obligation indebtedness of the city as of the date of the bonds, including the bonds, is $696,213,385. Approval of Bonds The bonds will be sold subject to the legal opinion of Kutak Rock LLP, Kansas City, Missouri, bond counsel, whose approving legal opinion as to the validity of each series of bonds will be furnished and paid for by the city and delivered to the successful bidder(s) when the bonds are delivered.

Additional Information Additional information regarding the bonds may be obtained from the city’s Department of Finance, City Hall, 12th Floor, 455 N. Main, Wichita, KS 67202-1679 (Catherine Gilley, Debt Coordinator), (316) 268-4143; or from bond counsel, Kutak Rock LLP, 1010 Grand Blvd., Suite 500, Kansas City, MO 64106-2220, (816) 960-0090, Attention: Dorothea Riley.
Dated July 9, 2009. City of Wichita, Kansas By Karen Sublett, City Clerk City Hall, 13th Floor 455 N. Main Wichita, KS 67202-1679

(316) 268-4529 *Subject to change.

Doc. No. 037277 (Published in the Kansas Register July 16, 2009.) 

### City of Andale, Kansas

Notice of Intent to Seek Private Placement General Obligation Bonds, Series 2009 Notice is hereby given that the city of Andale, Kansas (the issuer), proposes to seek a private placement of theabove-referenced bonds. The maximum aggregate principal amount of the bonds shall not exceed $410,000. The proposed sale of the bonds is in all respects subject toapproval of a bond purchase agreement between the issuer and the purchaser of the bonds and the passage ofan ordinance and adoption of a resolution by the governing body of the issuer authorizing the issuance of the bonds and the execution of various documents necessary to deliver the bonds.

Dated June 22, 2009. Virigina Edwards City Clerk

Doc. No. 037267

State of Kansas



### Department of Revenue Division of Motor Vehicles

Notice of Intent to Establish a New Line-Make for an Existing New Motor Vehicle Dealer Notice has been received from Chrysler Group, LLC, a manufacturer of Bud Brown Chrysler Inc., Kansas D719, that the existing Chrysler line-make will be awarded to Overland Park Jeep Inc., D237, 8775 Metcalf, OverlandPark, Kansas, 66212, and terminating the Chrysler linemake located at Bud Brown Chrysler, Inc., 9101 Metcalf, Overland Park, Kansas, 66212. Pursuant to K.S.A. 8-2430(a)(5), any existing new motor vehicle dealer may protest the proposed addition of the new-line make at Overland Park Jeep, Inc., if that existing new motor vehicle dealer has a franchise agreement for the same line-make vehicles as that which is to be sold oroffered for sale by Overland Park Jeep, Inc., at 8775 Metcalf, Overland Park, Kansas, and provided that the existing new motor vehicle dealer is physically located such that its relevant market area, as defined in K.S.A. 8- 2430(e), includes the location where the new Chrysler dealership will be located. Pursuant to K.S.A. 8-2430(a), any petition or complaint by any dealer with standing to protest must be filed with the Director of Vehicles within 30 days of this notice. Such petitions or complaints must be directed to the Kansas Department of Revenue, Director of Vehicles, 1st Floor,Docking State Office Building, 915 S.W. Harrison, Topeka, 66612. Michael J. McLin, Bureau Manager Titles and Registration / Dealer Licensing Bureau

Doc. No. 037272q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notices 1098 

## Kansas Register

State of Kansas



### Kansas State University

Notice to Bidders Kansas State University encourages interested vendors to visit the Kansas State University Controller’s Office / Purchasing Web site at http: // www.ksu.edu

/ purchasing

/ rfq for a complete listing of all transactions for whichKansas State University Purchasing, or one of the consortia commonly utilized by K-State, is seeking competitive bids. Paper postings of Kansas State University Purchasing’s bid transactions may be viewed at thePurchasing Office, 21 Anderson Hall, Manhattan, or persons may contact Purchasing at (785) 532-6214, by fax at(785) 532-5577, or by e-mail at cbishop@ksu.edu to request a copy of a current bid. Carla Bishop Director of Purchasing

Doc. No. 037264

State of Kansas



### University of Kansas

Notice to BiddersThe University of Kansas encourages interested vendors to visit the University of Kansas Purchasing Services Web site at http: //

www.purchasing.ku.edu/ for a complete listing of all transactions for which KU Purchasing Services, or one of the consortia commonly utilized by KU, is seeking competitive bids. Paper postings of KU Purchasing Services bid transactions may be viewed at the Purchasing Services office located at 1246 W. Campus Road, Room 7, Lawrence, 66045, or persons may contact Purchasing Services at (785) 864-3790, by fax at (785) 864- 3454, or by e-mail at purchasing@ku.edu to request a copy of a current bid. Barry K. Swanson Associate Comptroller

/ Director of Purchasing Services

Doc. No. 037265

State of Kansas



### Department of Health and Environment

Notice Concerning Kansas/ Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 28-16-150 through 154, 28-46-7, and the authorityvested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below. The proposed actions concerning the draft documentsare based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Dis

charge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of thedesignated permit or termination of the designated permit.

Public Notice No. KS-AG-09-183 /189 Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving

Water Raymond J. Mueting 102 176 Road Axtell, KS 66403 NW / 4 of Section 18, T02S, R11E, Nemaha County Big Blue River

Basin

Kansas Permit No. A-BBNM-S003This is a reissuance of a permit with a modification for an existing facility for 481 head (192.4 animal units) of swine weighing greater than 55 pounds, 160 head (16 animal units) of swine weighing 55 pounds or less and 25 head (12.5 animal units) of cattle weighing less than 700 pounds, for a total of 220.9 animal units of swine and cattle. The modification is due to the listing of cattle confined on site but not included in previous permits.

Name and Address of Applicant Legal Description Receiving

Water Iwig Family Dairy, LLC Tim Iwig 3320 S.E. Tecumseh Road Tecumseh, KS 66542 SE/ 4 of Section 13, T12S, R16E, Shawnee County Kansas River

Basin

Kansas Permit No. A-KSSN-M003 This is a reissuance of a permit for an existing facility for 100 head (140 animal units) of mature dairy cows, 40 head (40 animal units) of dairy heifers weighing more than 700 pounds and 40 head (20 animal units) of dairy calves weighing less than 700 pounds, for a total of 180 head (200 animal units). The facility consists of a milk parlor, milk bottling plant, 0.3 acre of concrete lots, concrete manure storage pad, sediment basin, 3 retention control structures, 2.1 acres of dirt lots, and various locations for calf hutches.

Name and Address of Applicant Legal Description Receiving

Water Dewey Feedyard Jeff Dewey P.O. Box 269 Cimarron, KS 67835 N / 2 of Section 24, T26S, R27W, Gray County Upper Arkansas

River Basin

Kansas Permit No. A-UAGY-C012 Federal Permit No. KS0093483 This is a reissuance of a permit for an existing facility for 5,000 head (5,000 animal units) of cattle weighing greater than 700 poun ds.

Name and Address of Applicant Legal Description Receiving

Water J-Bar Farms, Inc. Russell Janzen 15461 N.W. 180 Newton, KS 67114 NE/ 4 of Section 05, T23S, R03E, Butler County Walnut River

Basin

Kansas Permit No. A-WABU-B005 This is a reissuance of a permit for an existing facility for 975 head (975 animal units) of cattle weighing greater than 700 pounds.

Name and Address of Applicant Legal Description Receiving

Water Kroupa Feedlot Marty Kroupa 2560 Ulysses Road Lincolnville, KS 66858 N / 2 of Section 34, T18S, R04E, Marion County Neosho River

Basin

Kansas Permit No.: A-NEMN-B012 This permit is being reissued for an existing facility with 950 head (950 animal units) of beef cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notice 1099 

## Kansas Register

Name and Address of Applicant Legal Description Receiving

Water
Fanshier Pork Randy Fanshier 2008 N.W. 10th Ave. Great Bend, KS 67530 W / 2 of Section 04, T21S, R13W, Stafford County Upper Arkansas

River Basin

Kansas Permit No. A-UASF-H001 Federal Permit No. KS0095281 This is a reissuance of a permit for an existing facility for 3,600 head (1,440 animal units) of swine weighing greater than 55 pounds.

Name and Address of Applicant Legal Description Receiving

Water
Keast Feedlot Scott T. Keast 1744 Q Road Larned, KS 67550 SW / 4 of Section 29, T21S, R17W, Pawnee County Upper Arkansas

River Basin

Kansas Permit No. A-UAPN-B009 This is a reissuance of a permit for an existing facility for 900 head (900 animal units) of cattle weighing greater than 700 pounds.

Public Notice No. KS-Q-09-096/100

Name and Address of Applicant Receiving Stream Type of

Discharge Department of the Army, Fort Riley Directorate of Environment and Safety 407 Pershing Court Fort Riley, KS 66442-6121 Funston Lake via Unnamed Tributary Groundwater

Remediation

Kansas Permit No. F-KS97-PO03 Federal Permit No. KS0099881 Legal Description: NW 1 ⁄ 4 , S13, T11S, R6E, Riley County Facility Name: Fort Riley Groundwater Remediation - Camp Funston Facility Description: The proposed action consists of issuance of a new Kansas Water Pollution Control Permit / NPDES permit for a new facility. Groundwater contaminated with petroleum hydrocarbon compounds is treated before discharge into Funston Lake, an oxbow lake in the Kansas River Basin. The daily discharge is about 14,400 gallons per day. The proposed permit contains limits for benzene, TPH-diesel range organics and TPH-gasoline range organics, and pH, as well as monitoring for lead, BTEX and effluent flow. Thepermit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria.

Name and Address of Applicant Receiving Stream Type of

Discharge Department of the Army, Fort Riley Directorate of Environment and Safety 407 Pershing Court Fort Riley, KS 66442-6121 Kansas River via Three Mile Creek Process and

Treated Domestic Wastewater

Kansas Permit No. F-KS51-OO01 Federal Permit No. KS0099759 Facility Name: Fort Riley Military Base Camp Funston Facility Location: Lat. 39 7 05’ 29’’, Long. 96 7 44’ 32’’ Facility Description: The proposed action consists of issuance of a new Kansas Water Pollution Control / NPDES permit for a new facility. Fort Riley is a government-owned, government-operated militaryinstallation. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, total nitrogen, whole effluent toxicity and pH, as well as monitoring for total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, sulfate, chlorides, total recoverable heavy metals and effluent flow. The permittee shall also provide an annual engineering report summarizing the previous calendar year operations and evaluating if the facility can meet the effluent levels of Total N of 5.0 mg / l and Total P of 0.5

mg / l on a 12-month running average basis. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria. Name and Address of Applicant Receiving Stream Type of

Discharge Whitaker Companies, Inc. 121 - 2600 Road Savonburg, KS 66772 Marais des Cygnes River via Sugar Creek Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-MC64-PO01 Federal Permit No. KS0092975 Legal Description: NE 1

⁄ 4 , NW 1 ⁄ 4 , NE 1 ⁄ 4 , S20, T21S, R22E, Linn County Facility Name: Centerville QuarryFacility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarrying operations. This facility is a limestone quarrying and crushing operation withsome washing. Outfall 001 consists of treated washwater, pit dewatering and stormwater runoff. The proposed permit contains limits for total suspended solids and pH. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28- 16-28(b-f), and Federal Surface Water Criteria.

Name and Address of Applicant Receiving Stream Type of

Discharge Whitaker Companies, Inc. 121 - 2600 Road Savonburg, KS 66772 Marais des Cygnes River via Pottawatomie Creek via Unnamed Tributary Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-MC13-PO02 Federal Permit No. KS0080420 Legal Description: SW 1 ⁄ 4 , NW 1 ⁄ 4 , NW 1 ⁄ 4 , S1, T20S, R19E, Anderson County Facility Name: Garnett QuarryFacility Description: The proposed action consists of reissuing an existing permit for discharge of wastewater during quarrying operations. This facility is engaged in the quarrying, crushing and washing oflimestone rock. The proposed permit contains limits for total suspended solids and pH. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria.

Name and Address of Applicant Receiving Stream Type of

Discharge Whitaker Companies, Inc. 121 - 2600 Road Savonburg, KS 66772 Neosho River via Canville Creek via Little Canville Creek Pit Dewatering &

Stormwater Runoff

Kansas Permit No. I-NE62-PO02 Federal Permit No. KS0099061 Legal Description: SE 1

⁄ 4 , S12, T27S, R20E, Neosho County Facility Name: Stark Quarry The proposed action consists of issuing a new permit for discharge ofwastewater from a new quarrying operation. This facility is a limestone quarrying and crushing operation with no washing. Outfall 001 consists of pit dewatering and stormwater runoff. The permit requirements are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria.

Public Notice No. KS-EG-09-002 In accordance with K.A.R. 28-46-7 and the authorityvested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the state of Kansas:

Name and Address of Applicant Occidental Chemical Corporation P.O. Box 12283 Wichita, KS 67277-2283 Facility Location: Wichita Kansas

Well and Permit Number Location Harrington 4-1 KS-03-173-274 456.6 feet from south line and 4000.0 feet from east

line of Section 30-29-02W, Sedgwick County, KS (SW SE SW) (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notice/Hearing 1100 

## Kansas Register

Harrington 4-2 KS-03-173-275 664.3 feet from south line and 3784.7 feet from east

line of Section 30-29-02W, Sedgwick County, KS (SW SE SW)
Harrington 4-3 KS-03-173-276 240.0 feet from south line and 3791.1 feet from east

line of Section 30-29-02W, Sedgwick County, KS (SW SE SW)
Harrington 4-4 KS-03-173-277 242.9 feet from south line and 4215.4 feet from east

line of Section 30-29-02W, Sedgwick County, KS (SE SW SW)
Harrington 4-5 KS-03-173-278 667.1 feet from south line and 4208.9 feet from east

line of Section 30-29-02W, Sedgwick County, KS (SE SW SW) Facility Description: The proposed action is to issue five new Class III injection well permits. The injection fluids consist of fresh water and unsaturated brine. Injection is to be made into the Hutchinson Salt member of the Wellington formation. The top of the cavity shall not be shallower than 250 feet below land surface and mining shall notextend into the upper 40 feet of the salt deposit. The maximum operation injection pressure is not to exceed 130 pounds per square inch at the well head. All construction, monitoring and operation ofthese wells will meet the requirements that apply to Class III Injection wells under the Kansas Underground Injection Control Regulations, K.A.R. 28-43-1 through 28-43-11, and Kansas Underground Injection Control Regulations, K.A.R. 28-46-1 through 28- 46-44.

Persons wishing to comment on the draft documents and/or permit applications must submit their commentsin writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should besubmitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for al l other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.All comments regarding the draft documents or application notices received on or before August 15 will be considered in the formulation of the final determinationsregarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-09-183/ 189, KS-Q09-096/ 100, KS-EG-09-002) and name of the applicant /permittee when preparing comments. After review of any comments received during thepublic notice period, the Secretary of Health and Environment will issue a determination regarding final agency action on each draft document /application. If response to any draft document /application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC).

All draft documents/applications and the supporting information including any comments received are on fileand may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available on the Internet at http: // www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. Roderick L. Bremby Secretary of Health and Environment

Doc. No. 037279 State of Kansas 

### Department of Health and Environment

Notice of Hearing The Kansas Department of Health and Environment is proposing to revise the State of Kansas Implementation Plan for the Attainment and Maintenance of National Ambient Air Quality Standards. A hearing for this action will be conducted at 10 a.m. Thursday, August 27, in Room 530 of the Curtis State Office Building, 1000 S.W. Jackson, Topeka. Specifically, in response to comments received and changes made by the department to the Kansas Regional Haze Plan after the first public hearing,the department has decided to hold a second public hearing. This SIP revision fulfills the requirements of Section 169A (b)(2)of the Clean Air Act, which requires states toaddress the impacts of regional haze in mandatory federal Class I areas. The SIP revision contains the requirements for Best Available Retrofit Technology (BART) and outlines the reasonable progress goals and long-termemissions reduction strategy to reduce visibility impairment in Class I areas of neighboring states.This proposed SIP revision does not include any rulemaking action. Details concerning this revision can be obtained by contacting Douglas Watson, KDHE, Bureau ofAir and Radiation, at (785) 296-0910. Copies of the proposed plan also may be viewed at the following locations:Department of Air Quality, Unified Government of Wyandotte County - Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas; Johnson County Environmental Department, 11811 S. SunsetDrive, Suite 2700, Olathe; KDHE Northwest District Office, 2301 E. 13th St., Hays; KDHE North Central DistrictOffice, 2501 Market Place, Suite D, Salina; KDHE Northeast District Office, 800 W. 24th St., Lawrence; KDHE Southeast District Office, 1500 W. 7th St., Chanute; Cityof Wichita Environmental Services, 1900 E. 9th St., Wichita; KDHE Southwest District Office, 302 W. McArtor Road, Dodge City; and Curtis State Office Building, 1000 S.W. Jackson, Suite 310, Topeka. The plan also is posted on the Bureau of Air and Radiation’s Web site at http: // www.kdheks.gov

/ bar/ public notice.html.Comments from the interested public should be addressed to KDHE, Bureau of Air and Radiation, Attention: Douglas Watson, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. Comments must be received by the Bureau of Air and Radiation not later than the close of business August 27 to assure full consideration of this proposed revision to the SIP.Any individual with a disability may request accommodation in order to participate in the public hearing andmay request the proposed plan in accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Douglas Watson at (785) 296-0910. Roderick L. Bremby Secretary of Health and Environment

Doc. No. 037271q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Notice/Regulations 1101 

## Kansas Register

State of Kansas 

### Pooled Money Investment Board

Notice of Investment Rates The following rates are published in accordance with K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 2008 Supp. 12-1675(b)(c)(d) and K.S.A. 2008 Supp. 12-1675a(g).

Effective 7-13-09 through 7-19-09

Term Rate 1-89 days 0.16% 3 months 0.13% 6 months 0.25% 1 year 0.42% 18 months 0.65% 2 years 0.92%

Elizabeth B.A. Miller Director of Investments

Doc. No. 037266

State of Kansas 

### Behavioral Sciences Regulatory Board

Temporary Administrative Regulations

Article 1.—CERTIFICATION OF PSYCHOLOGISTS

102-1-13. Fees. (a) Each applicant for licensure as a psychologist shall pay the appropriate fee as specified in this subsection: (1) Application for a license, $225; (2) original license, $50; (3) renewal, $200; (4) duplicate license, $20; (5) temporary license, $150; (6) temporary license renewal fee, $150; (7) specialty endorsement, $130;(8) temporary, 15-day permit for an out-of-state professional, $200; or(9) temporary, 15-day permit for an out-of-state professional extension, $200.(b) Each applicant for a license renewal after its expiration date shall pay an additional fee of $200, as well as the renewal fee of $200.(c) Fees paid to the board shall not be refundable. (Authorized by K.S.A. 2008 Supp. 74-5316, K.S.A. 2008 Supp. 74-5316a, K.S.A. 74-5319, K.S.A. 74-5349, and K.S.A. 2008 Supp. 74-7507; implementing K.S.A. 74-5310, as amended by 2009 HB 2162, sec. 2, K.S.A. 74-5310a, K.S.A. 2008 Supp. 74-5316, K.S.A. 2008 Supp. 74-5316a, K.S.A. 74- 5319, K.S.A. 74-5320, and K.S.A. 74-5349; effective May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended, T-102-5-1-90, May 1, 1990; amended June 11, 1990; amended, T-102-11-29- 90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug. 23, 1993; amended Aug. 4, 1995; amended Oct. 24, 1997; amended July 1, 2005; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended, T-102-6-26-09, June 26, 2009.) Phyllis Gilmore Executive Director

Doc. No. 037249 State of Kansas 

### Board of Regents

Temporary Administrative Regulations

Article 29.—QUALIFIED ADMISSION

88-29-1. Definitions. The following terms, wherever used in this article, shall have the meanings specified in this regulation: (a) ‘‘Accelerated course’’ means a course that meets all of the following criteria: (1) Is designed for students performing above their grade level as determined by standardized testing; (2) if the course is designed to be a 1 ⁄ 2 -unit course, is completed in less than 40 clock-hours; (3) if the course is designed to be a one-unit course, is completed in less than 80 clock-hours; and(4) has been determined by the board of regents to include similar or greater content, depth, and complexity as a one-unit course completed in 120 clock-hours or a 1 ⁄ 2
- unit course completed in 60 clock-hours.(b) ‘‘Accredited high school’’ means one or more educational institutions that provide secondary instruction tostudents in grades 9, 10, 11, and 12 and that are designated accredited by a regional accrediting agency recognized by the United States department of education, by the Kansas state board of education, or by an agency withstandards equivalent to those of the United States department of education or the Kansas state board of education. (c) ‘‘Admission’’ means the permission given by the admission officer of a state educational institution to an applicant to enroll as a degree-seeking student in a state educational institution. (d) ‘‘Admission category’’ means one of the admissioncategories adopted by a state educational institution pursuant to K.A.R. 88-29-3. (e) ‘‘Complete application file’’ means the entire set of the following student records that have been received in the admission office of a state educational institution:(1) A completed application to the state educational institution; (2) verification that all applicable application fees have been paid; (3) an official copy of the final transcript from each high school attended, including a transcript documenting graduation from high school, or a GED certificate; and(4) any other materials required by the state educational institution for advising or placement purposes. (f) ‘‘Degree-seeking student’’ means a student who hasbeen accepted for enrollment at a state educational institution and who has formally indicated to the state educational institution the intent to complete a program of study that is designated by the United States departmentof education as a program that is eligible for federal financial aid. (g) ‘‘Earned the general educational development (GED) certificate with an overall score of not less than 50 points’’ means one of the following: (1) Took the GED test on or after January 1, 2002, with an overall score of at least 2,550 points and a minimum score of 510 points on each subtest; or (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1102 

## Kansas Register

(2) took the GED test before January 1, 2002, with an overall score of at least 250 points and a minimum score of 50 points on each subtest.(h) ‘‘Institution of higher education’’ means an educational institution in any state, territory or country that meets all of the following criteria: (1) Meets one of the following requirements: (A) Offers a course of instruction designated by the United States department of education as a program that is eligible for federal financial aid; or (B) offers a course of instruction that is equivalent to a program designated by the United States department ofeducation as a program that is eligible for federal financial aid; (2) is legally authorized within the state, territory, orcountry that appears on the transcript to provide a program of education beyond secondary education; and (3) meets one of the following requirements:(A) Is accredited by an accrediting agency or association that is recognized by the United States department of education or an international accrediting agency; or(B) has been granted preaccreditation status by an accrediting agency or association that is recognized by either the United States department of education or an international accrediting agency.(i) ‘‘Integrated course’’ means a course that redistributes the content of two or more qualified admission precollege curriculum courses into a nontraditional combination. A nontraditional combination may combine thecontent of qualified admission algebra I and qualified admission geometry over a period of four semesters in a sequence of courses titled integrated math I and II. (j) ‘‘Kansas resident’’ means a person determined to be a resident for fee purposes pursuant to K.S.A. 76-729 and amendments thereto. (k) ‘‘Non-accredited private secondary school’’ means a private secondary school, as defined in K.S.A. 72-53,100 and amendments thereto, which may include a home school. (l) ‘‘Non-degree-seeking student’’ means a student who has been accepted for enrollment in a state educational institution and who has formally indicated to the state educational institution the intent to enroll for self-enri chment or other reasons, excluding the intent to complete a course of study that is designated by the United States department of education as a program that is eligible for federal financial aid. (m) ‘‘Precollege,’’ when used to describe a course or curriculum, means a type of course or curriculum offeredat an accredited high school that meets each of the following criteria: (1) The course or curriculum is designed for a studentperforming at or above the student’s grade level as determined by standardized testing.(2) The content and requirements of the course or curriculum have been determined by the board of regents orthe board’s designee to reflect a pace of instruction, intensity and depth of material, level of abstraction, andapplication of critical thinking necessary to prepare students for study at state educational institutions. (n) ‘‘State educational institution’’ has the meaning specified in K.S.A. 76-711 and amendments thereto. (o) ‘‘Ten percent exception window for resident freshman class admissions’’ means a method by which a Kansas resident who does not meet the applicable requirements specified in K.A.R. 88-29-4 through 88-29-6 andwho is not eligible for admission pursuant to the ten percent exception window for resident transfer admissionsmay be admitted to a state educational institution pursuant to K.A.R. 88-29-8.(p) ‘‘Ten percent exception window for resident transfer admissions’’ means a method by which a Kansas resident who has earned at least 24 credit hours of transferable coursework at an accredited community college,university, or other college but who is not eligible for admission pursuant to K.A.R. 88-29-4 may be admitted to a state educational institution pursuant to K.A.R. 88-29-8a

. (q) ‘‘Ten percent exception window for nonresident transfer admissions’’ means a method by which a person who is not a resident of Kansas and who has earned at least 24 credit hours of transferable coursework but who is not eligible for admission pursuant to K.A.R. 88-29-4may be admitted to a state educational institution pursuant to K.A.R. 88-29-8b. (r) ‘‘Unit’’ means a measure of secondary credit that may be awarded to a student for satisfactory completion of a particular course or subject. One unit of credit is credit that is awarded for satisfactory completion of a course or subject that is offered for and generally requires 120 clock-hours to complete. Credit may be awarded in increments based upon the amount of time a course or subject is offered and the requirements for completion. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-4. Qualifications required for the admission of an applicant with 24 or more transferable credit hours. (a) The requirements established in this regulation shall apply to any applicant who has earned 24 or more credit hours from an institution of higher education that are transferable to a state educational institution. If anapplicant does not meet the requirements of this regulation, the applicant may be admitted by means of the tenpercent exception window for resident transfer admissions described in K.A.R. 88-29-8a or the ten percent exception window for nonresident transfer admissions described in K.A.R. 88-29-8b. (b) Each state educational institution shall admit any Kansas resident who meets the following criteria:(1) Has earned 24 or more credit hours from an institution of higher education that are transferable to a state educational institution; and (2) has earned a cumulative grade point average of 2.0 or higher on a 4.0 scale in all postsecondary coursework.(c) Any state educational institution may admit a nonresident who meets the following criteria:(1) Has earned 24 or more credit hours from an institution of higher education that are transferable to a state educational institution; and (2) has earned a cumulative grade point average of 2.0 or higher on a 4.0 scale in all postsecondary coursework. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, asq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1103 

## Kansas Register

amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-5. Qualifications required for the admission of a Kansas resident who is under the age of 21. (a) The requirements established in this regulation shall apply to any applicant who is a Kansas resident and is under the age of 21, except that the requirements shall not apply to any applicant who has earned 24 or more credit hoursfrom an institution of higher education that are transferable to a state educational institution. If an applicant to whom this regulation is applicable does not meet therequirements of this regulation, the applicant may be admitted by means of the ten percent exception window for resident freshman class admissions described in K.A.R. 88-29-8. (b) Each state educational institution shall admit any Kansas resident under the age of 21 who meets each of the following requirements: (1) Has graduated from an accredited high school in Kansas or, pursuant to K.S.A. 72-116 and amendments thereto, an accredited high school located out of state; and (2) meets at least one of the following criteria: (A) Achieved a composite score on the ACT of at least 21 points; (B) ranked in the top third of the applicant’s high school class upon completion of seven or eight semesters;

or (C) completed the qualified admission precollege curriculum described in K.A.R. 88-29-11, or its functional equivalent described in K.A.R. 88-29-18, with a minimum grade point average of 2.0 on a 4.0 scale. (c) Each state educational institution shall admit any Kansas resident under the age of 21 who meets both of the following requirements:(1) Has graduated from a non-accredited private secondary school, as defined in K.S.A. 72-53,100, and amendments thereto; and (2) has achieved a composite score on the ACT of at least 21 points. (d) Each state educational institution shall admit any Kansas resident who is under the age of 21 and who hasearned the general educational development (GED) certificate with an overall score of not less than 50 points, as defined in K.A.R. 88-29-1. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-7. Qualifications required for the admission of a nonresident. (a) The requirements established in thisregulation shall apply to any applicant who is a nonresident, except that the requirements shall not apply to any applicant who has earned 24 or more credit hours from an institution of higher education that are transferable to a state educational institution. If an applicant does not meet the requirements prescribed in this regulation, the applicant may be admitted into the conditional admission category adopted in the state educational institution’s ad

mission policy for conditional admission established in accordance with K.A.R. 88-29-9. (b) Any state educational institution may admit anynonresident who meets both of the following requirements: (1) Has graduated from an accredited high school; and (2) meets at least one of the following criteria: (A) Achieved a composite score on the ACT of at least 21 points; (B) ranked in the top third of the applicant’s high school class upon completion of seven or eight semesters;

or (C) completed the qualified admission precollege curriculum described in K.A.R. 88-29-11, or its functional equivalent described in K.A.R. 88-29-19, with a minimum grade point average of at least 2.5 on a 4.0 scale. (c) Any state educational institution may admit anynonresident who meets both of the following requirements:(1) Has graduated from a non-accredited private secondary school meeting requirements substantially equivalent to those in K.S.A. 72-53,100 through 72-53,102, and amendments thereto; and (2) has achieved a composite score on the ACT of at least 21 points. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-8. The ten percent exception window for resident freshman class admissions. (a) Any state educational institution may admit any Kansas resident who does not meet the applicable requirements specified in K.A.R. 88-29-5 or K.A.R. 88-29-6 and who has earned fewer than 24 credit hours from an institution of higher education that are transferable to the state educational institution by means of the ten percent exception window for resident freshman class admissions created pursuantto K.S.A. 76-717(a)(5), and amendments thereto. The maximum number of students admitted by means of this ten percent exception window shall be calculated as follows: (1) The total number of admitted new students whohave earned fewer than 24 credit hours from an institution of higher education that are transferable to the state educational institution, regardless of admission category

, shall be counted on the twentieth day of the fall, spring, and summer sessions of each academic year.(2) The maximum number of admissions calculated using the ten percent exception window shall be equal to 10 percent of the sum of the three numbers counted in paragraph (a)(1).(b) If the state educational institution exceeds the allotted number of admissions using this ten percent exception window, the excess over the allowable total number of exceptions shall be subtracted from the subsequent year’s allowable total number of exceptions for resident freshman class admissions. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-8a. The ten percent exception window for resident transfer admissions. Any state educational in- (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1104 

## Kansas Register

stitution may admit any Kansas resident who has earned24 or more credit hours from an institution of higher education that are transferable to a state educational institution, but who does not meet the applicable requirements specified in K.A.R. 88-29-4, by means of the tenpercent exception window for resident transfer admissions created pursuant to K.S.A. 76-717(a)(6), and amendments thereto. (a) The maximum number of students admitted bymeans of this ten percent exception window shall be calculated as follows: (1) The total number of admitted new resident students who have earned at least 24 transferable credit hoursfrom an institution of higher education that are transferable to the state educational institution, regardless of admission category, shall be counted on the twentieth day of the fall, spring, and summer sessions of each academic
year.(2) The maximum number of admissions calculated using this ten percent exception window shall be equal to 10 percent of the sum of the three numbers counted in paragraph (a)(1).(b) If the state educational institution exceeds the allotted number of admissions using the ten percent exception window, the excess over the allowable total number of exceptions shall be subtracted from the subsequent year’s allowable total number of exceptions for resident transfer admissions. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective, T-88-6-26-09, July 1, 2009.)

88-29-8b. The ten percent exception window for nonresident transfer admissions. Any state educational institution may admit any nonresident who has earned24 or more credit hours from an institution of higher education that are transferable to a state educational institution, but who does not meet the applicable requirements specified in K.A.R. 88-29-4, by means of the tenpercent exception window for nonresident transfer admissions created pursuant to K.S.A. 76-717(a)(9), and amendments thereto. (a) The maximum number of students admitted bymeans of this ten percent exception window shall be calculated as follows:(1) The total number of admitted new nonresident students who have earned at least 24 transferable credit hours from an institution of higher education that aretransferable to the state educational institution, regardless of admission category, shall be counted on the twentieth day of the fall, spring, and summer sessions of each academic year.(2) The maximum number of admissions calculated using this ten percent exception window shall be equal to 10 percent of the sum of the three numbers counted in paragraph (a)(1).(b) If the state educational institution exceeds the allotted number of admissions using this ten percent exception window, the excess over the allowable total number of exceptions shall be subtracted from the subsequentyear’s allowable total number of exceptions for nonresident transfer admissions. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective, T-88-6-26-09, July 1, 2009.)

88-29-9. Admission policies for state educational institutions. The chancellor or president of each state educational institution or a designee shall establish admission policies that meet all of the following requirements: (a) The policies shall not conflict with the provisions of this article. (b) The policies shall specify the materials required for a complete application file. (c) The policies shall address the enrollment of both degree-seeking and non-degree-seeking students as wellas each student’s transition from degree-seeking to nondegree-seeking status or from non-degree-seeking to degree-seeking status. Policies shall mandate that each nondegree-seeking student who applies to enroll as a degree-seeking student shall be admitted only if one of the following conditions is met:(1) The student meets the applicable requirements specified in K.A.R. 88-29-4 through 88-29-7. (2) The student is admitted by means of the ten percent exception window for resident freshmen class admissions described in K.A.R. 88-29-8. (3) The student is admitted by means of the ten percentexception window for resident transfer admissions described in K.A.R. 88-29-8a. (4) The student is admitted by means of the ten percent exception window for nonresident transfer admissions described in K.A.R. 88-29-8b.(5) The student is admitted into the conditional admission category adopted in the state educational institution’s admission policy for conditional admission established in accordance with this regulation. (d) The policies shall include an explanation of the tenpercent exception windows and the state educational institution’s method to determine which applicants would be admitted if there were more applicants than the state educational institution is allowed under K.A.R. 88-29-8, K.A.R. 88-29-8a, or K.A.R. 88-29-8b.(e) The policies may include the establishment of subcategories of non-degree-seeking students. (f) The policies shall include a statement indicating whether the state educational institution will consider, i n the admission decision, any postsecondary credit from an institution that is not accredited and has not been granted preaccreditation status by an agency recognized by theUnited States department of education or by an equivalent international agency. If the state educational institution considers these credits, the admission decision shall be made in accordance with K.A.R. 88-29-4. (g) The policies shall include a statement of whether the state educational institution enrolls students in thetemporary, provisional, or conditional admission category.(1) If the state educational institution enrolls any students in the temporary admission category, the policies shall include all of the following:(A) A description of requirements for exiting the temporary admission category and entering another admission category;q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1105 

## Kansas Register

(B) a statement that a temporarily admitted student may be denied admission to a specific degree program; and (C) a statement that each student who fails to exit from the temporary admission category within the specified period of time shall be disenrolled.(2) If the state educational institution enrolls any students in the provisional admission category, the policies shall include all of the following:(A) A description of requirements for exiting the provisional admission category and entering another admission category;(B) a statement that any student admitted in the provisional admission category may be denied admission to a specific degree program; and (C) a statement that each student who fails to exit from the provisional admission category within the period of time specified by the state educational institution shall be disenrolled.(3) If the state educational institution enrolls any students in the conditional admission category, the policies shall include all of the following: (A) A statement that the maximum number of students admitted in the conditional admission category shall be equal to 50 students or 10 percent of the total number of new nonresident freshman class admissions, whichever is greater. This 10 percent shall be calculated as follows:(i) Ten percent of the total number of nonresident freshman class admissions shall be calculated as follows: the total number of admitted new students who have earned fewer than 30 credit hours from an institution of higher education and who are nonresidents shall be counted on the twentieth day of the fall, spring, and summer sessions of each academic year. Ten percent of the sum of these counts shall be calculated; and (ii) if the state educational institution exceeds the allot

ted number of admissions in the conditional admission category described in paragraph (g)(3)(A), the excess overthe allowable total number of admissions shall be subtracted from the subsequent year’s allowable total;(B) a statement that a student enrolled in the conditional admission category shall not be admitted to a specific degree program until the student enters the regular admission category; and(C) a statement listing the requirements that each student admitted in the conditional admission category shall complete at the state educational institution in order toexit the conditional admission category and enter the regular admission category.(4) The state educational institution’s policy shall mandate that a student who meets the criteria for more thanone of the temporary, provisional, and conditional admission categories shall not be granted regular admission until the student fulfils the requirements for exiting each of the categories in which the student is initially enrolled

.(h) The admission policy of each state educational institution shall be required to be approved in advance by the board of regents. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.) 88-29-11. Requirements for the qualified admission precollege curriculum. In order to admit any applicant under the qualified admission precollege curriculum criterion, each state educational institution shall requi re the applicant to provide an official high school transcriptdocumenting completion of the approved qualified admission precollege curriculum that meets the following requirements:(a) For each student graduating from high school before 2010, the transcript shall indicate the following distribution of courses: (1) One unit of approved qualified admission computer technology courses, with the content described in K.A.R. 88-29-13; (2) four units of approved qualified admission English courses, with the content described in K.A.R. 88-29-14;(3) three units of approved qualified admission mathematics courses that have the content described in K.A.R. 88-29-15 and that meet the following requirements: (A) Are at or above the level of qualified admission algebra I; and (B) were taken during ninth through twelfth grades; (4) three units of approved qualified admission natural science courses that have the content described in K.A.R. 88-29-16 and that meet the following requirements: (A) The three units shall be selected from any of the following courses, with at least one unit in each selected

course: (i) Qualified admission biology; (ii) qualified admission advanced biology; (iii) qualified admission chemistry; (iv) qualified admission physics; (v) qualified admission earth-space science; or (vi) qualified admission principles of technology; and (B) at least one unit shall be selected from a qualified admission chemistry course or a qualified admission physics course; and (5) three units of approved qualified admission social science courses that have the content described in K.A.R.88-29-17 and that are distributed according to the following requirements: (A) A minimum of 1

⁄ 2 unit shall be a qualified admission United States government course; (B) a minimum of 1

⁄ 2 unit shall be selected from any of the following courses: (i) Qualified admission world history; (ii) qualified admission world geography; or (iii) qualified admission international relations;(C) a minimum of one unit shall be a qualified admission United States history course; (D) up to one unit shall be selected from any of the following courses: (i) A qualified admission anthropology course; (ii) a qualified admission current social issues course; (iii) a qualified admission economics course;(iv) a qualified admission race and ethnic group relations course; (v) a qualified admission sociology course; (vi) a qualified admission psychology course; (vii) a qualified admission United States history course;

or (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1106 

## Kansas Register

(viii) a qualified admission United States government

course; (E) a 1 ⁄ 2 -unit course shall not be used to fulfill more thanone requirement of this regulation for more than one discipline in the qualified admissions precollege curriculum ; and (F) a one-unit course may be used to fulfill two 1 ⁄ 2 -unit requirements of this regulation. (b) Except as otherwise stated in paragraph (b)(2)(B), for each student graduating from high school in 2010 and thereafter, the qualified admission precollege curriculum shall consist of the following distribution of courses: (1) Four units of approved qualified admission English courses that have the content described in K.A.R. 88-29- 14;(2) three units of approved qualified admission mathematics courses that have the content described in K.A.R. 88-29-15 and that meet the following requirements: (A) The course shall be completed in the seventh through twelfth grades; (B) for each student graduating from high school in 2014 and thereafter, at least one of the courses shall be completed in the twelfth grade; and(C) the course shall be selected from any of the following courses: (i) Qualified admission algebra I; (ii) qualified admission geometry; (iii) qualified admission algebra II; or(iv) any mathematics course that has qualified admission algebra II as a prerequisite; (3) three units of approved qualified admission natural science courses that have the content described in K.A.R. 88-29-16 and that meet the following requirements: (A) The three units shall be selected from any of the following courses: (i) Qualified admission biology; (ii) qualified admission advanced biology; (iii) qualified admission chemistry; (iv) qualified admission physics; (v) qualified admission earth-space science; or (vi) qualified admission principles of technology; and (B) at least one unit shall be selected from a qualified admission chemistry course or a qualified admission physics course; and (4) three units of approved qualified admission social science courses that have the content described in K.A.R.88-29-17 and that are distributed according to the following requirements: (A) A minimum of 1

⁄ 2 unit shall be a qualified admission United States government course; (B) a minimum of 1

⁄ 2 unit shall be selected from any of the following courses: (i) Qualified admission world history; (ii) qualified admission world geography; or (iii) qualified admission international relations;(C) a minimum of one unit shall be a qualified admission United States history course; (D) not more than one unit shall be selected from any of the following courses: (i) Qualified admission anthropology; (ii) qualified admission current social issues; (iii) qualified admission economics; (iv) qualified admission psychology; (v) qualified admission race and ethnic group relations; (vi) qualified admission sociology; (vii) qualified admission United States history; or (viii) qualified admission United States government; (E) a 1 ⁄ 2 -unit course shall not be used to fulfill more thanone requirement of this regulation for more than one discipline in the qualified admissions precollege curriculum ; and (F) a one-unit course may be used to fulfill two 1 ⁄ 2 -unit requirements of this regulation. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197 §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-12. Establishment of a qualified admission precollege curriculum by an accredited high school in
Kansas. (a) The administrator of any accredited highschool in Kansas may establish a qualified admission precollege curriculum. Failure to establish a qualified admission precollege curriculum shall render the highschool’s graduates ineligible for admission to a state educational institution under the qualified admission precollege curriculum criterion specified in K.A.R. 88-29-5 and 88-29-7. If an administrator establishes a qualified admission precollege curriculum, the curriculum shall meet the requirements of this regulation. No exemption to these requirements shall be granted. (b) Each course to be included in an accredited high school’s qualified admission precollege curriculum shall be approved in advance by the chief executive officer ofthe board of regents or the chief executive officer’s designee. The approval procedures shall be distributed to accredited high schools in Kansas and shall include the following: (1) Each administrator of an accredited high school in Kansas who desires to establish and maintain a qualified admission precollege curriculum shall submit materials to the board of regents in accordance with proceduresestablished by the board of regents or the board’s designee. Failure to submit materials in a timely manner may disqualify the high school’s students for admission to astate educational institution under the qualified admission precollege curriculum criterion specified in K.A.R. 88-29-5 and 88-29-7. (2) Each administrator of an accredited high school in Kansas with an approved qualified admission precollege curriculum shall notify the board of regents about any changes in course titles, deletion of courses, changes in course content, and changes in contact information in a manner prescribed by the board of regents or the board’s designee. (c) Each course for inclusion in an accredited high school’s qualified admission precollege curriculum shall be approved according to the following procedures: (1) A course shall be approved only if the content of the course meets the applicable requirements of K.A.R. 88-29-13 through 88-29-17. (2) Two 1 ⁄ 2 -unit courses may be approved to fulfill one unit of the qualified admission precollege curriculum only if the content of the resultant combination meets theq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1107 

## Kansas Register

applicable requirements of K.A.R. 88-29-13 through 88- 29-17 and is equally distributed between the two 1 ⁄ 2 -unit

courses. (3) Any college course offered by an eligible institution of higher education may be approved for inclusion in an accredited high school’s qualified admission precollegecurriculum if the course meets all of the following conditions:(A) The content of the college course meets the applicable requirements in K.A.R. 88-29-13 through 88-29-17. (B) The number of credit hours for the college course is three or more. (C) The college course appears on the official high school transcript. (4) Any integrated course that is not also an accelerated course may be approved by the chief executive officer or the chief executive officer’s designee if the integrated course meets at least one of the following conditions: (A) If all requirements for qualified admission algebra I and qualified admission geometry, as described in K.A.R. 88-29-15, are covered in an integrated course over a period of time equivalent to the time for two one-unitcourses, two units of integrated mathematics may be approved to substitute for qualified admission algebra I and qualified admission geometry. (B) If all requirements for qualified admission algebra I and II and qualified admission geometry, as described in K.A.R. 88-29-15, are covered in an integrated courseover a period of time equivalent to the time for three oneunit courses, three units of integrated mathematics may be approved to substitute for qualified admission algebra I and II and qualified admission geometry.(C) If a course meets all requirements for both a qualified admission English course and a qualified admission social studies course, as described in K.A.R. 88-29-14 and 88-29-17, and meets for a length of time equivalent to the time for two one-unit courses, the integrated course may be approved to substitute for one unit of English and one unit of social studies in the qualified admission precolleg e curriculum. (D) If the content of an integrated course meets all requirements for two qualified admission natural science courses, as described in K.A.R. 88-29-16, and covers the material over a period of time equivalent to the time fortwo one-unit courses, the integrated course may be substituted for two units of natural science in the qualified admission precollege curriculum. (5)(A) A one-unit integrated science course shall not be approved unless the course is also an accelerated course.(B) Any accelerated course may be approved for inclusion in the qualified admission precollege curriculum. (d) The list of courses that have been approved to beincluded in the qualified admission precollege curriculum for each accredited high school in Kansas shall be available from the board. (e) Upon receipt of information that an approved course in the qualified admission precollege curriculumdoes not meet the applicable content requirements specified in these regulations, the content of that approved course may be reviewed by the chief executive officer ofthe board of regents or the chief executive officer’s designee to verify that the course continues to meet the applicable content requirements in K.A.R. 88-29-13 through 88-29-17. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-18. Functional equivalents of the qualified admission precollege curriculum; residents. In order toadmit an applicant under the criterion of successful completion of the functional equivalent of the qualified admission precollege curriculum, the admission officer ofeach state educational institution shall require each applicant who is a Kansas resident to meet one or more of the sets of requirements specified in subsections (a) through (d). An admission officer of a state educationalinstitution shall not grant any exception to this regulation.(a) To demonstrate successful completion of the functional equivalent of the qualified admission precollegeEnglish courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcript of completion of any three units of high school English with no grade lower than a C; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in either of the following college board advanced placement (AP) courses: (i) Language and composition; or (ii) literature and composition; or (B) a grade of B or higher in a general education Englishcourse taken before high school graduation and either offered by or accepted in transfer by a state educational institution.(b) To demonstrate successful completion of the functional equivalent of the qualified admission precollege mathematics courses as described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcriptof completion of any two units of high school mathematics courses with no grade lower than a C; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in any of the following college board advanced placement (AP) courses: (i) Calculus AB; or (ii) calculus BC; or(B) a grade of C or higher in a general education mathematics course taken before high school graduation andeither offered by or accepted in transfer by a state educational institution.(c) To demonstrate successful completion of the functional equivalent of the qualified admission precollege natural science courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcript of completion of any two units of high school science courses with no grade less than a C; and (2) official documentation of achievement of at least one of the following: (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1108 

## Kansas Register

(A) A score of three or higher in any of the following college board advanced placement (AP) courses: (i) Biology; (ii) chemistry; or (iii) physics B; or (B) a grade of C or higher in a general education naturalscience laboratory course taken before high school graduation and either offered by or accepted in transfer by a state educational institution.(d) To demonstrate successful completion of the functional equivalent of the qualified admission precollege so

cial science courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcriptof completion of any two units of high school social science courses with no grade lower than a C; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in any of the following college board advanced placement (AP) courses: (i) Microeconomics; (ii) macroeconomics; (iii) comparative government and policies; (iv) United States government and policies; (v) European history; (vi) United States history; or (vii) psychology; or (B) a grade of B or higher in a general education social science course taken before high school graduation andeither offered by or accepted in transfer by a state educational institution. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.)

88-29-19. Functional equivalents of the qualified admission precollege curriculum; nonresidents. In order to admit an applicant under the criterion of successful completion of the functional equivalent of the precollegecurriculum, the admission officer of each state educational institution shall require each applicant who is not a resident of Kansas to meet one or more of the sets of requirements specified in subsections (a) through (e). An admission officer of a state educational institution shall not grant any exception to this regulation.(a) To demonstrate successful completion of the functional equivalent of the qualified admission precollegeEnglish courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcript of completion of any three units of high school English with no grade lower than a C and at least one grade of B or higher; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in either of the following college board advanced placement (AP) courses: (i) Language and composition; or (ii) literature and composition; or (B) a grade of B or higher in a general education Englishcourse taken before high school graduation and either offered by or accepted in transfer by a state educational institution.(b) To demonstrate successful completion of the functional equivalent of the qualified admission precollege mathematics courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcriptof completion of any two units of high school mathematics courses with no grade lower than a C and at least one grade of B or higher; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in either of the following college board advanced placement (AP) courses: (i) Calculus AB; or (ii) calculus BC; or(B) a grade of C or better in a general education mathematics course taken before high school graduation andeither offered by or accepted in transfer by a state educational institution.(c) To demonstrate successful completion of the functional equivalent of the qualified admission precollege natural science courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcript of completion of any two units of high school science courses with no grade less than a C and at least one grade of B or higher; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in any of the following college board advanced placement (AP) courses: (i) Biology; (ii) chemistry; or (iii) physics B; or (B) a grade of C or higher in a general education naturalscience laboratory course taken before high school graduation and either offered by or accepted in transfer by a state educational institution.(d) To demonstrate successful completion of the functional equivalent of the qualified admission precollege so

cial science courses described in K.A.R. 88-29-11, each applicant shall provide both of the following: (1) Documentation on the official high school transcriptof completion of any two units of high school social science course with no grade lower than a C and at least one grade of B or higher; and (2) official documentation of achievement of at least one of the following: (A) A score of three or higher in any of the following college board advanced placement (AP) courses: (i) Microeconomics; (ii) macroeconomics; (iii) comparative government and policies; (iv) United States government and policies; (v) European history; (vi) United States history; or (vii) psychology; or (B) a grade of B or higher in a general education social science course taken before high school graduation andeither offered by or accepted in transfer by a state educational institution.q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1109 

## Kansas Register

(e) To demonstrate successful completion of the functional equivalent of all of the courses described in K.A.R. 88-29-11, each applicant who has attended an accreditedhigh school located outside the United States shall provide official documentation of a study in mathematics, science, literature, and composition and completion of this study at a level that exceeds the minimum graduation standards of that accredited high school. This regulation shall be effective on and after July 1, 2009. (Authorized by and implementing K.S.A. 76-717, as amended by 2009 HB 2197, §1; effective Aug. 1, 2007; amended, T-88-6-26-09, July 1, 2009.) Reginald L. Robinson President and CEO

Doc. No. 037250

State of Kansas 

### Kansas Lottery

Temporary Administrative Regulations

Article 4.—INSTANT GAMES AND DRAWINGS

111-4-2849. ‘‘Snowflake Bingo’’ instant ticket lottery game number 191. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Snowflake Bingo’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111- 4-2849. (b) The ‘‘play symbols’’ for the four bingo ‘‘CARD’’ play areas for this game are as follows:

01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 FREE SNOWFLAKE In the ‘‘CALLER’S CARD’’ play area, a letter / number combination game symbol appears in each of the 24 play spots. In the ‘‘BONUS NUMBERS’’ play area, a letter / combination game symbol appears in each of the six play spots. ‘‘Play symbols’’ for the ‘‘CALLER’S CARD,’’ and the ‘‘BONUS NUMBERS’’ play areas for this instant game are the following:

B01 I16 N31 G46 O61 B02 I17 N32 G47 O62 B03 I18 N33 G48 O63 B04 I19 N34 G49 O64 B05 I20 N35 G50 G65 B06 I21 N36 G51 O66 B07 I22 N37 G52 O67 B08 I23 N38 G53 O68 B09 I24 N39 G54 O69 B10 I25 N40 G55 O70 B11 I26 N41 G56 O71 B12 I27 N42 G57 O72 B13 I28 N43 G58 O73 B14 I29 N44 G59 O74 B15 I30 N45 G60 O75 (c) There are no ‘‘play symbol captions’’ for this game. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

TWO 5 $2.00

FOR 5 $4.00 FIV 5 $5.00 SEV 5 $7.00 NIN 5 $9.00 TEN 5 $10.00 FTN 5 $15.00 NTN 5 $19.00 TWY 5 $20.00 FTY 5 $50.00 STF 5 $75.00 HUN 5 $100.00 HFY 5 $150.00 THN 5 $200.00 THY 5 $250.00 FHN 5 $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) ‘‘Snowflake Bingo’’ is a two-part vertically oriented game. The first part consists of the ‘‘CALLER’S CARD’’ and the ‘‘BONUS NUMBERS.’’ The ‘‘CALLER’S CARD’’ contains 24 draw numbers covered by opaque latex. The‘‘BONUS NUMBERS’’ consist of six draw numbers covered by opaque latex. The second part consists of four ‘‘GAME CARDS’’ each containing 23 numbers, a ‘‘FREE’’ space in the center of each card, and a ‘‘SNOWFLAKE’’ symbol, for a total of 25 squares. The ‘‘GAME CARDS’’ are each covered by translucent blue scratch-off.A player removes the scratch-off material from the areas on the ticket indicated by the words ‘‘CALLER’S CARD’’ and ‘‘BONUS NUMBERS’’ to reveal a total of 30 ‘‘SNOWFLAKE BINGO’’ letter / number combinations. A player wins by matching the ‘‘CALLER’S CARD’’ and ‘‘BONUS NUMBERS’’ to the numbers on the four ‘‘GAME CARDS.’’ If the player finds a diagonal, vertical, or horizontal straight line, or four corners of the grid, or an ‘‘X’’ pattern, the player wins a prize according to the prize legend beside the respective ‘‘GAME CARD.’’ A ‘‘SNOWFLAKE’’ symbol will appear at random in each of the four ‘‘GAME CARDS.’’ The ‘‘SNOWFLAKE’’symbol will act as a ‘‘FREE’’ space, and if the ‘‘SNOWFLAKE’’ symbol is included in any winning pattern, the corresponding prize is doubled. (h) Each ticket in this game may win up to four times. Only the highest prize won on each card will be awarded.(i) Approximately 1,200,000 tickets shall be ordered initially for this instant game. Additional ticket orders shal l have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1110 

## Kansas Register

(j) The expected number and value of instant prizes in this game shall be as follows:

Prizes Expected Number of

Prizes in Game Expected

Value in Game Line - Card 1 $2 56,000 $112,000 Line - Card 2 $2 56,000 112,000 Line - Cards 1 & 2 $4 40,000 160,000 Line - Card 1 (DBL) $4 32,000 128,000 Line - Card 2 (DBL) $4 32,000 128,000 Line - Card 3 $5 18,000 90,000 Line - Cards 2 & 3 $7 20,000 140,000 Line - Cards 1 & 2 & 3 $9 6,000 54,000 Line - Card 4 $10 4,000 40,000 Line - Card 3 (DBL) $10 8,000 80,000 Line - Cards 3 & 4 $15 3,000 45,000 Line - Cards 1 & 2 & 3 & 4 $19 2,400 45,600 4 Corners - Card 1 $20 1,000 20,000 Line - Card 4 (DBL) $20 2,400 48,000 4 Corners - Card 2 $50 400 20,000 4 Corners - Cards 1 & 2, Line - Card 3 $75 200 15,000 X - Card 1 $100 72 7,200 4 Corners - Card 3 $100 108 10,800 4 Corners - Card 4 $100 108 10,800 4 Corners - Cards 2 & 3 $150 60 9,000 4 Corners - Cards 2 & 4 $150 60 9,000 4 Corners - Cards 3 & 4 $200 72 14,400 4 Corners - Cards 2 & 3 & 4 $250 36 9,000 X - Card 2 $500 24 12,000 X - Card 3 $1,000 20 20,000 X - Card 4 $10,000 12 120,000 TOTAL 281,972 $1,459,800

(DBL) - denotes doubler feature(k) The odds of winning a prize in this game are approximately one in 4.26. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2850. ‘‘Holiday Crossword’’ instant ticket lottery game number 192. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Holiday Crossword’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-2850. (b) The ‘‘play symbols’’ for this game are as follows:

Play Symbols
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z (c) For this game, a play symbol shall appear in each of a variable number of play spots within the play area

or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

FRE 5 Free Ticket

FIV 5 $5.00 TEN 5 $10.00 TWY 5 $20.00 HUN 5 $100.00 FHN 5 $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) ‘‘Holiday Crossword’’ consists of three play areas. In the upper part of the ticket there is a crossword puzzle grid that contains 11 spaces (height) by 11 spaces (width) covered by transparent latex. In the ‘‘YOUR LETTERS’’ play area, located in the lower part of the ticket, there are 18 letters located under opaque latex. To the right of the ‘‘YOUR LETTERS’’ play area is the ‘‘BONUS’’ play area in which there are two letters covered by opaque latex. Imaged around each of the 18 ‘‘YOUR LETTERS’’ andtwo ‘‘BONUS’’ letters there will be a four-sided box composed of solid lines. A player will remove the latex fromthe ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas one letter at a time, and then for each matching letter in the crossword puzzle grid scratch off the transparent latex.Each letter revealed in the ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas may be used an unlimited number of times in the crossword puzzle grid. If a player reveals at least three complete words in the crossword puzzle grid,the player wins the corresponding prize in the prize legend. The prize legend on the front of the ticket indicates prizes won for number of words revealed, as is also set forth in subsection (k) hereinafter. (h) To qualify as a complete word to win a prize in this game, the words revealed must meet the following requirements: (1) must contain at least three letters; (2) cannot be formed diagonally, run right to left or from bottom to top; (3) must appear in an unbroken horizontal or vertical string of letters in the ‘‘crossword’’ puzzle; (4) an unbroken string of letters cannot be interrupted by a black space and must contain every single letter square between two black spaces; (5) every single letter in the unbroken string must be revealed in ‘‘YOUR LETTERS,’’ or ‘‘BONUS’’ areas and be included to form a word; andq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1111 

## Kansas Register

(6) the three small letters outside the squares in the ‘‘YOUR LETTERS’’ area are for validation purposes and cannot be used to play ‘‘Holiday Crossword.’’ (i) Each ticket in this game may win up to one time. Only the highest prize won on each ticket will be awarded.(j) Approximately 1,200,000 tickets shall be ordered initially for this instant game. Additional ticket orders shal l have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (k) The expected number and value of instant prizes in this game shall be as follows:

Prize Expected Number of

Prizes in Game Expected Value in Game Free Ticket Free Ticket 200,000 $0 $5 $5 52,000 260,000 $10 $10 27,600 276,000 $20 $20 9,200 184,000 $100 $100 1,200 120,000 $500 $500 184 92,000 $2,000 $2,000 44 88,000 $20,000 $20,000 8 160,000 TOTAL 290,236 $1,180,000
(l) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2851. ‘‘Huntin’ Season’’ instant ticket lottery game number 197. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Huntin’ Season’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-2851. (b) The ‘‘play and prize symbols’’ and ‘‘captions’’ for this game are as follows:

Play Symbols Play Symbol Captions Symbol of an antler ANTLR Symbol of an ATV ATV Symbol of a decoy DECOY Symbol of a pair of binoculars BNOCLR Symbol of a hunting hat HAT Symbol of a tree TREE Symbol of a dog DOG Symbol of a whistle WHISTL Symbol of a knife KNIFE Symbol of a cross bow BOW Symbol of a coin 1XPRIZE Symbol of a stack of cash 2XPRIZE

Prize Symbols Play Symbol Captions
Free TICKET $1 .00 ONE$ $2 .00 TWO$ $3 .00 THR$ $4 .00 FOUR$ $5 .00 FIVE$ $6 .00 SIX$ 10 .00 TEN$ 20 .00 TWENTY 25 .00 TWEN-FIV 50 .00 FIFTY $100$ ONE-HUN $150$ ONHNFTY $300$ THRHUN $3000 THRTHOU (c) For this game, a play symbol shall appear in each of 11 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

FRE 5 Free Ticket

ONE 5 $1.00 TWO 5 $2.00 FOR 5 $4.00 SIX 5 $6.00 TEN 5 $10.00 TWY 5 $20.00 FTY 5 $50.00 HUN 5 $100.00
THH 5 $300.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) ‘‘Huntin’ Season’’ is a tic-tac-toe game. A player willremove the scratch-off material to reveal nine play symbols, one prize symbol, and one ‘‘BONUS’’ symbol. If a player reveals three ‘‘ANTLER’’ symbols in any one row, column, or diagonal, the player wins the prize shown in the prize box. If the player reveals a ‘‘STACK OF CASH’’ symbol in the ‘‘BONUS’’ box, the player wins double the prize. (h) Each ticket in this game may win up to one time.(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shal l have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:

Prize Expected Number of

Prizes in Game Expected Value in Game Free Ticket Free Ticket 40,000 $0 $1 $1 40,000 40,000 $2 $2 16,000 32,000 $1 DBL $2 16,000 32,000 $4 $4 7,000 28,000 $2 DBL $4 7,000 28,000 $6 $6 4,000 24,000 $3 DBL $6 4,000 24,000 $10 $10 1,800 18,000 $5 DBL $10 1,800 18,000 $20 $20 500 10,000 $10 DBL $20 500 10,000 $50 $50 220 11,000 $25 DBL $50 220 11,000 $100 $100 36 3,600 $50 DBL $100 36 3,600 $300 $300 16 4,800 (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1112 

## Kansas Register

$150 DBL $300 16 4,800 $3,000 $3,000 8 24,000 TOTAL 139,152 $326,800

DBL - denotes doubler feature(k) The odds of winning a prize in this game are approximately one in 4.31. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2852. ‘‘Cash Happy’’ instant ticket lottery game number 198. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Cash Happy’’ commencing on or after July 1, 2008. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4- 2852. (b) The ‘‘play symbols’’ and ‘‘captions’’ for this game are as follows:
Play Symbols Play Symbol Captions Symbol of a money bag MNYBAG Symbol of a pot of gold POTGLD Symbol of a treasure TRSURE Symbol of a gold bar GLDBAR Symbol of a stack of coins STKCNS Symbol of a stack of bills BILLS Symbol of a vault VAULT Symbol of a coin COIN (c) For this game, a play symbol shall appear in each of 10 play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

FRE 5 Free Ticket

TWO 5 $2.00 FOR 5 $4.00 TEN 5 $10.00 TWY 5 $20.00 FRY 5 $40.00 HUN 5 $100.00
FRH 5 $400.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) ‘‘Cash Happy’’ is a key symbol match game. The ticket features a ‘‘WIN UP TO $4,000!’’ game play area and a ‘‘PRIZE LEGEND.’’ A player will remove the scratch-off material in the game play area to reveal 10 play symbols. If the player reveals a ‘‘MONEY BAG’’ symbol in the game play area, the player wins a prize according to the ‘‘PRIZE LEGEND’’ on the ticket front. (h) Each ticket in this game may win up to one time.(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shal l have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows: Number of Money Bag Symbols Prize Expected Number of Prizes in Game Expected Value in Game 1 Free Ticket 40,000 $0 2 $2 50,000 100,000 3 $4 30,000 120,000 4 $10 4,000 40,000 5 $20 900 18,000 6 $40 250 10,000 7 $100 50 5,000 8 $400 12 4,800 9 $1,000 6 6,000 10 $4,000 6 24,000 TOTAL 125,224 $327,800
(k) The odds of winning a prize in this game are approximately one in 4.79. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2853. ‘‘Triple Tripler’’ instant ticket lottery game number 199. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Triple Tripler’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4- 2853. (b) The ‘‘play and prize symbols’’ and ‘‘captions’’ for this game are as follows:
Prize Symbols Captions $1 .00 ONE$ $2 .00 TWO$ $3 .00 THR$ $5 .00 FIVE$ 10 .00 TEN$ 18 .00 EGTEEN 30 .00 THIRTY 90 .00 NINETY $1000 ONETHOU $2000 TWOTHOU $6000 SIXTHOU

Play Symbols
SINGLE PRIZE TRIPLE PRIZE TRIPLE TRIPLER (c) For this game, a play symbol shall appear in each of seven play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

ONE 5 $1.00

THR 5 $3.00
FIV 5 $5.00 SIX 5 $6.00 NIN 5 $9.00 FTN 5 $15.00 EGN 5 $18.00 TRY 5 $30.00 NTY 5 $90.00q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1113 

## Kansas Register

(f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) ‘‘Triple Tripler’’ is a match three of six game with a triple prize and a ‘‘Triple Tripler’’ feature. A player will remove the scratch-off material covering the game play area to reveal six prize amounts and a ‘‘YOUR PRIZE LEVEL.’’ The ‘‘YOUR PRIZE LEVEL’’ will be either the words ‘‘SINGLE PRIZE,’’ the words ‘‘TRIPLE PRIZE,’’ or the words ‘‘TRIPLE TRIPLER.’’ If a player matches three like prize amounts and the words ‘‘SINGLE PRIZE’’ are revealed, the player will win the prize amount matched. If a player matches three like prize amounts and the words ‘‘TRIPLE PRIZE’’ are revealed, the player will win triple the prize amount matched. If a player matches three like prize amounts and the words ‘‘TRIPLE TRIPLER’’ are revealed, the player will win nine times the prize matched. (h) Each ticket in this game may win one time.(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shall have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:

Prize Expected Number of

Prizes in Game Expected

Value in Game 3 - $1’s + single prize $1 50,000 $50,000 3 - $1’s + triple prize $3 15,000 45,000 3 - $3’s + single prize $3 15,200 45,600 3 - $5’s + single prize $5 9,000 45,000 3 - $2’s + triple prize $6 4,600 27,600 3 - $1’s + triple tripler $9 3,600 32,400 3 - $5’s + triple prize $15 1,500 22,500 3 - $2’s + triple tripler $18 600 10,800 3 - $18’s + single prize $18 640 11,520 3 - $30’s + single prize $30 240 7,200 3 - $10’s + triple prize $30 220 6,600 3 - $10’s + triple tripler $90 80 7,200 3 - $90’s + single prize $90 70 6,300 3 - $1,000’s + triple prize $3,000 2 6,000 3 - $6,000’s + single prize $6,000 2 12,000 3 - $2,000’s + triple prize $6,000 3 18,000 TOTAL 100,757 $353,720
(k) The odds of winning a prize in this game are approximately one in 5.95. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2854. ‘‘Keep the Change’’ instant ticket lottery game number 200. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Keep the Change’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-2854. (b) The ‘‘prize and play symbols’’ and ‘‘captions’’ for this game are as follows:
Prize Symbols Captions
FREE TICKET $2 .00 TWO$ $5 .00 FIVE$ 10 .00 TEN$ 25 .00 TWEN-FIV 50 .00 FIFTY $500$ FIVE-HUN $5,000 FIVTHOU

Play Symbols Captions
FREE TICKET 01¢ PENNY 05¢ NICKEL 10¢ DIME 25¢ QUARTER 50¢ HALF (c) For this game, a play symbol shall appear in each of six play spots within the play area or areas. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 299. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

FRE 5 Free Ticket

TWO 5 $2.00
FIV 5 $5.00 TEN 5 $10.00 TWF 5 $25.00 FTY 5 $50.00 FHN 5 $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $1.00 each. (g) ‘‘Keep the Change’’ is an add-up game. A player will remove the latex material covering the game play area to reveal five play symbols or coins and one prize symbol. If the five coins add up to $1.00 or more, the player wins the prize in the ‘‘PRIZE’’ box. (h) Each ticket in this game may win up to one time.(i) Approximately 600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shal l have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (j) The expected number and value of instant prizes in this game shall be as follows:

Prize Expected Number of

Prizes in Game Expected Value in Game Free Ticket 60,000 $0 $2 38,000 76,000 $5 19,000 95,000 $10 6,000 60,000 $25 1,240 31,000 $50 360 18,000 $500 12 6,000 $5,000 6 30,000 TOTAL 124,618 $316,000
(k) The odds of winning a prize in this game are approximately one in 4.81. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-4-2855. ‘‘Bonus Crossword’’ instant ticket lottery game number 201. (a) The Kansas lottery shall conduct an instant winner lottery game entitled ‘‘Bonus (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1114 

## Kansas Register

Crossword’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-3-1 et seq. and 111-4-2855. (b) The ‘‘play symbols’’ for this game are as follows: A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z. There are no ‘‘play symbol captions’’ in this game. (c) For this game, a play symbol shall appear in each of 18 play spots within the ‘‘YOUR LETTERS’’ play area, in each of two play spots within the ‘‘BONUS’’ play area, and a variable number of times within the crossword puzzle grid. (d) The ticket numbers in each book of tickets in this game shall start with 000 and end with 149. (e) The three letters comprising the retailer validation codes used in this game shall appear in three of eight varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

FRE 5 Free ticket

FIV 5 $5.00 TEN 5 $10.00 TWY 5 $20.00 HUN 5 $100.00 FHN 5 $500.00 (f) The price of instant tickets sold by a retailer for this game shall be $2.00 each. (g) ’’Bonus Crossword‘‘ consists of three play areas. In the upper part of the ticket there is a crossword puzzle grid that contains 11 spaces (height) by 11 spaces (width) covered by transparent latex. In the ’’YOUR LETTERS‘‘ play area, located in the lower part of the ticket, there are 18 letters located under opaque latex. To the right of the ’’YOUR LETTERS‘‘ play area is the ’’BONUS‘‘ play area in which there are two letters covered by opaque latex. Imaged around each of the 18 ’’YOUR LETTERS‘‘ andtwo ‘‘BONUS’’ letters there will be a four-sided box composed of solid lines. A player will remove the latex fromthe ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas one letter at a time, and then for each matching letter in the crossword puzzle grid scratch off the transparent latex.Each letter revealed in the ‘‘YOUR LETTERS’’ and ‘‘BONUS’’ play areas may be used an unlimited number of times in the crossword puzzle grid. If a player reveals at least three complete words in the crossword puzzle grid,the player wins the corresponding prize in the prize legend. The prize legend on the front of the ticket indicates prizes won for number of words revealed, as is also set forth in subsection (k) hereinafter. (h) To qualify as a complete word to win a prize in this game, the words revealed must meet the following requirements: (1) must contain at least three letters; (2) cannot be formed diagonally, run right to left or from bottom to top; (3) must appear in an unbroken horizontal or vertical string of letters in the ‘‘crossword’’ puzzle; (4) an unbroken string of letters cannot be interrupted by a black space and must contain every single letter square between two black spaces; (5) every single letter in the unbroken string must be revealed in ‘‘YOUR LETTERS,’’ or ‘‘BONUS’’ areas and be included to form a word; and (6) the three small letters outside the squares in the ‘‘YOUR LETTERS’’ area are for validation purposes and cannot be used to play ‘‘Bonus Crossword.’’ (i) Each ticket in this game may win up to one time. Only the highest prize won on each ticket will be awarded.(j) Approximately 3,600,000 tickets shall be ordered initially for this instant game. Additional ticket orders shal l have the same prize structure, the same number of prizes per prize pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (k) The expected number and value of instant prizes in this game shall be as follows:

Match Prizes Expected Number of Prizes in Game Expected Value in Game 3 - words FREE TICKET 600,000 $0 4 - words $5 156,000 780,000 5 - words $10 82,800 828,000 6 - words $20 27,600 552,000 7 - words $100 3,600 360,000 8 - words $500 552 276,000 9 - words $2,000 132 264,000 10 - words $20,000 24 480,000 TOTAL 870,708 $3,540,000
(l) The odds of winning a prize in this game are approximately one in 4.13. (Authorized by K.S.A. 74-8710;implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

Article 9.—PULL-TAB GAMES

111-9-157. ‘‘Fire & Dice’’ pull tab ticket lottery game number 189. (a) The Kansas lottery shall conduct a pull tab lottery game entitled ‘‘Fire & Dice’’ commencingon or after July 1, 2009. The rules for this game are contained in K.A.R. 111-8-1 et seq. and K.A.R. 111-9-157. (b) The price of pull tab tickets sold by a retailer for this game shall be $2.00 each.(c) Approximately 600,000 tickets shall be ordered initially for this pull tab game which shall be packaged in packs of 150 tickets each. The ticket numbers in each packin this game shall start with 000 and end with 149. Additional ticket orders shall have the same prize structure, the same number of prizes per pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (d) The play symbols for this game are as follows: Symbol of a dice Symbol of a 7 Symbol of a roulette table Symbol of the ace of spades Symbol of a poker chip Symbol of a double bar Symbol of a single bar Symbol of a cherry(e) For this game, three play symbols shall appear under each of eight tabs on the back of each ticket. On the front of each ticket shall appear a legend of all winning combinations using the play symbols for this game alongq Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations 1115 

## Kansas Register

with the corresponding prize amount for each combination, as follows: three cherry symbols equal $2.00; three single bar symbols equal $5.00; three double bar symbols equal $10.00; three poker chip symbols equal $25.00; three ace of spades symbols equal $50.00; three roulette table symbols equal $100.00; three ‘‘7’’ symbols equal $250.00; three die symbols equal $2,500.00. (f) All tabs on the back of each ticket are to be pulledopen. For each combination of three play symbols matching the legend on the front of the ticket, the player wins the prize amount corresponding to each combination as shown in (h) below. All winning combinations shall be within a single window in a horizontal line. (g) The three letters comprising the retailer validationcodes used in this game shall appear in three of 24 varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

TWO 5 $2.00

FOR 5 $4.00 FIV 5 $5.00 SEV 5 $7.00 TEN 5 $10.00 TWF 5 $25.00 THF 5 $35.00 FTY 5 $50.00 HUN 5 $100.00 THY 5 $250.00 (h) The number and value of prizes in this game andwinning combinations shall be as follows: (See corresponding play symbol values in subsection (e) above.)

Get Prizes Expected Number of Prizes in Game Expected

Value in Game $2 $2 82,000 $164,000 $2 + $2 $4 28,120 112,480 $5 $5 26,000 130,000 $5 + $2 $7 16,000 112,000 $10 $10 4,000 40,000 $5 + $5 $10 4,000 40,000 $25 $25 1,000 25,000 $5 + $10 + $10 $25 1,100 27,500 $5 + $5 + $5 + $5 + $5 $25 1,200 30,000 $2 + $2 + $2 + $2 + $2 + $5 + $10 $25 1,200 30,000 $5 + $5 + $5 + $5 + $5 + $5 + $5 $35 500 17,500 $5 + $10 + $10 + $10 $35 500 17,500 $50 $50 250 12,500 $5 + $5 + $5 + $5 + $25 $50 250 12,500 $100 $100 100 10,000 $250 $250 40 10,000 $2,500 $2,500 10 25,000 TOTAL 166,270 $815,980
(i) Each ticket in this game may have up to seven winning combinations. (j) The overall odds of winning a prize in this game are approximately one in 3.61. (Authorized by K.S.A. 74- 8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

111-9-158. ‘‘Payday’’ pull tab ticket lottery game number 190. (a) The Kansas lottery shall conduct a pull tab lottery game entitled ‘‘Payday’’ commencing on or after July 1, 2009. The rules for this game are contained in K.A.R. 111-8-1 et seq. and K.A.R. 111-9-158. (b) The price of pull tab tickets sold by a retailer for this game shall be $2.00 each.(c) Approximately 600,000 tickets shall be ordered initially for this pull tab game which shall be packaged in packs of 150 tickets each. The ticket numbers in each packin this game shall start with 000 and end with 149. Additional ticket orders shall have the same prize structure, the same number of prizes per pool of 300,000 tickets, and the same odds as were contained in the initial ticket order. (d) The play symbols for this game are as follows: Symbol of a stack of bills Symbol of $ Symbol of an ATM machine Symbol of a credit card Symbol of Benjamin Franklin Symbol of a piggy bank Symbol of a stack of gold coins Symbol of a gold token(e) For this game, three play symbols shall appear under each of eight tabs on the back of each ticket. On the front of each ticket shall appear a legend of all winning combinations using the play symbols for this game alongwith the corresponding prize amount for each combination, as follows: three gold token symbols equal $2.00; three stack of gold coins symbols equal $5.00; three piggybank symbols equal $10.00; three Benjamin Franklin symbols equal $25.00; three credit card symbols equal $50.00;three ATM machine symbols equal $100.00; three $ symbols equal $250.00; three stack of bills symbols equal $2,500.00. (f) All tabs on the back of each ticket are to be pulledopen. For each combination of three play symbols matching the legend on the front of the ticket, the player wins the prize amount corresponding to each combination as shown in (h) below. All winning combinations shall be within a single window in a horizontal line. (g) The three letters comprising the retailer validationcodes used in this game shall appear in three of 24 varying locations among the play symbols. The retailer validation codes for this game and their meanings are as follows:

TWO 5 $2.00

FOR 5 $4.00
FIV 5 $5.00 SEV 5 $7.00 TEN 5 $10.00 TWF 5 $25.00
THF 5 $35.00 FTY 5 $50.00 HUN 5 $100.00 THY 5 $250.00 (h) The number and value of prizes in this game andwinning combinations shall be as follows: (See corresponding play symbol values in subsection (e) above.)

Get Prizes Expected Number of Prizes in Game Expected

Value in Game $2 $2 82,000 $164,000 $2 + $2 $4 28,120 112,480 $5 $5 26,000 130,000 $5 + $2 $7 16,000 112,000 (continued)q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 Regulations/Index 1116 

## Kansas Register

$10 $10 4,000 40,000 $5 + $5 $10 4,000 40,000 $25 $25 1,000 25,000 $5 + $10 + $10 $25 1,100 27,500 $5 + $5 + $5 + $5 + $5 $25 1,200 30,000 $2 + $2 + $2 + $2 + $2

+ $5 + $10 $25 1,200 30,000 $5 + $5 + $5 + $5 + $5

+ $5 + $5 $35 500 17,500 $5 + $10 + $10 + $10 $35 500 17,500 $50 $50 250 12,500 $5 + $5 + $5 + $5 + $25 $50 250 12,500 $100 $100 100 10,000 $250 $250 40 10,000 $2,500 $2,500 10 25,000 TOTAL 166,270 $815,980
(i) Each ticket in this game may have up to seven winning combinations. (j) The overall odds of winning a prize in this game are approximately one in 3.61. (Authorized by K.S.A. 74- 8710; implementing K.S.A. 74-8710 and K.S.A. 74-8720; effective, T-111-6-29-09, June 17, 2009.)

Ed Van Petten Executive Director

Doc. No. 037252

INDEX TO ADMINISTRATIVE REGULATIONS

This index lists in numerical order thenew, amended and revoked administrative regulations and the volume and page number of the Kansas Register issue in which more information can be found. Temporary regulations are designatedwith a (T) in the Action column. This cumulative index supplements the 2006 Volumes and the 2008 Supplement of the Kansas Administrative Regulations

. AGENCY 3: KANSAS STATE TREASURER Reg. No. Action Register 3-3-1 Amended (T) V. 27, p. 1091 3-3-1 Amended V. 27, p. 1517 3-3-2 New (T) V. 27, p. 1091 3-3-2 New V. 27, p. 1517

AGENCY 4: DEPARTMENT OF AGRICULTURE Reg. No. Action Register 4-6-1 New V. 27, p. 1741 4-6-2 New V. 27, p. 1741 4-6-3 New V. 27, p. 1741 4-7-900 Amended V. 27, p. 1022 4-7-901 Revoked V. 27, p. 1022 4-7-902 Amended V. 27, p. 1022 4-7-903 Amended V. 27, p. 1023 4-7-904 Amended V. 27, p. 1023 4-13-1 Amended V. 27, p. 186 4-13-3 Amended V. 27, p. 187 4-13-9 Amended V. 27, p. 188 4-13-11 Revoked V. 27, p. 188 4-13-13 Amended V. 27, p. 188 4-13-20 Amended V. 27, p. 190 4-13-21 Amended V. 27, p. 191 4-13-22 Amended V. 27, p. 191 4-13-23 Amended V. 27, p. 191 4-13-24 Amended V. 27, p. 191 4-13-33 Amended V. 27, p. 191 4-13-40 Amended V. 27, p. 1023 4-13-41 Revoked V. 27, p. 1023 4-13-42 Revoked V. 27, p. 1023 4-13-60 Amended V. 27, p. 1023 4-13-61 Revoked V. 27, p. 1023 4-13-64 Amended V. 27, p. 1023 4-13-65 Amended V. 27, p. 1024 4-15-5 Amended V. 28, p. 690 4-15-11 Amended V. 27, p. 1024 4-15-12 Revoked V. 27, p. 1024 4-15-13 Amended V. 27, p. 1024 4-15-14 Amended V. 27, p. 1024 4-16-1a Amended V. 27, p. 1741 4-16-1c Amended V. 27, p. 1742 4-16-7a Amended V. 27, p. 1024 4-16-300 Amended V. 27, p. 1025 4-16-301 Revoked V. 27, p. 1025 4-16-302 Amended V. 27, p. 1025 4-16-303 Amended V. 27, p. 1025 4-16-304 Amended V. 27, p. 1025 4-16-305 Amended V. 27, p. 1025 4-17-300 Amended V. 27, p. 1026 4-17-301 Revoked V. 27, p. 1026 4-17-302 Amended V. 27, p. 1026 4-17-303 Amended V. 27, p. 1026 4-17-304 Amended V. 27, p. 1026 4-17-305 Amended V. 27, p. 1027 4-20-11 Amended V. 27, p. 1027 4-28-5 Amended V. 27, p. 1742 4-28-8 through 4-28-16 New V. 27, p. 191-195

AGENCY 5: DEPARTMENT OF AGRICULTURE—DIVISION OF WATER RESOURCES Reg. No. Action Register 5-1-1 Amended V. 27, p. 1549 5-1-2 Amended V. 27, p. 1553 5-1-7 Amended V. 27, p. 1553 5-2-4 New V. 27, p. 1554 5-3-3 Amended V. 27, p. 1554 5-3-4 Amended V. 27, p. 1555 5-3-4a Amended V. 28, p. 241 5-3-5d Amended V. 27, p. 1555 5-3-16 Amended V. 27, p. 1555 5-4-2 New V. 27, p. 1556 5-5-6c New V. 27, p. 1556 5-5-13 Amended V. 27, p. 1556 5-5-14 Amended V. 27, p. 1557 5-6-2 Amended V. 27, p. 1557 5-6-5 Amended V. 27, p. 1557
5-9-1a through 5-9-1d New V. 27, p. 1557, 1558 5-14-3 Amended V. 28, p. 241 5-14-3a New V. 28, p. 242 5-14-10 Amended V. 27, p. 1558 5-40-24 Amended V. 27, p. 1438 5-45-1 Amended V. 27, p. 1439 5-45-4 Amended V. 27, p. 1440
5-45-19 through 5-45-23 New V. 27, p. 1441, 1442

AGENCY 7: SECRETARY OF STATE Reg. No. Action Register 7-16-1 Amended V. 27, p. 1548 7-16-2 Amended V. 27, p. 1548 7-17-1 Amended V. 27, p. 965 7-17-4 Amended V. 27, p. 966 7-17-11 Amended V. 27, p. 966 7-17-19 Amended V. 27, p. 966 7-17-21 Amended V. 27, p. 966 7-17-22 Amended V. 27, p. 966 7-17-24 Amended V. 27, p. 967 7-21-1 Amended V. 27, p. 967 7-21-2 Amended V. 27, p. 967 7-21-3 Revoked V. 27, p. 967 7-21-4 New V. 27, p. 967 7-23-13 Revoked V. 27, p. 968 7-37-2 Revoked V. 27, p. 968 7-38-2 Revoked V. 27, p. 968
7-41-1 through 7-41-7 Amended V. 28, p. 193-195 7-41-8 Revoked V. 28, p. 195 7-41-9 Revoked V. 28, p. 195 7-41-10 through 7-41-17 Amended V. 28, p. 195, 196
7-41-18 through 7-41-29 Revoked V. 28, p. 196 7-41-30 Amended V. 28, p. 196 7-41-31 Revoked V. 28, p. 196 7-41-32 Amended V. 28, p. 196 7-41-33 Amended V. 28, p. 197 7-41-34 New V. 28, p. 197 7-41-35 New V. 28, p. 197 7-45-1 New V. 27, p. 968 7-45-2 New V. 27, p. 968

AGENCY 11: STATE CONSERVATION

COMMISSION Reg. No. Action Register

11-6-1 through 11-6-6 New V. 27, p. 1633, 1634 11-12-1 Amended V. 27, p. 1374 11-12-2 Amended V. 27, p. 1375 11-12-3 Amended V. 27, p. 1376 11-12-4 Amended V. 27, p. 1377 11-12-6 Amended V. 27, p. 1377

AGENCY 14: DEPARTMENT OF REVENUE—

DIVISION OF ALCOHOLIC BEVERAGE CONTROL Reg. No. Action Register 14-8-6 Revoked V. 27, p. 1214 14-8-7 Amended V. 27, p. 1214 14-8-8 Revoked V. 27, p. 1214 14-8-12 Revoked V. 27, p. 1214 14-17-7 New V. 27, p. 1214

AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER Reg. No. Action Register 17-25-1 New V. 27, p. 356

AGENCY 19: GOVERNMENTAL ETHICS

COMMISSION Reg. No. Action Register 19-20-4 Amended V. 27, p. 1020 19-20-5 New V. 27, p. 1021 19-27-2 Amended V. 27, p. 1021

AGENCY 22: STATE FIRE MARSHAL Reg. No. Action Register 22-6-1 Amended V. 27, p. 1834 22-6-2 Revoked V. 27, p. 1834 22-6-3 Revoked V. 27, p. 1834 22-6-4 Revoked V. 27, p. 1834 22-6-5 Amended V. 27, p. 1834 22-6-6 Revoked V. 27, p. 1834 22-6-7 Revoked V. 27, p. 1835 22-6-8 Revoked V. 27, p. 1835 22-6-9 Amended V. 27, p. 1835 22-6-12 Amended V. 27, p. 1835 22-6-13 Revoked V. 27, p. 1835 22-6-14 Revoked V. 27, p. 1835
22-6-18 through 22-6-27 New V. 27, p. 1835-1837

### 1117

Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 AGENCY 26: DEPARTMENT ON AGING Reg. No. Action Register

26-39-100 through 26-39-105 New V. 28, p. 615-623 26-39-144 Revoked V. 28, p. 623 26-39-243 Revoked V. 28, p. 649 26-39-278 Revoked V. 28, p. 649 28-39-427 Revoked V. 28, p. 649
26-41-101 through 26-41-106 New V. 28, p. 649-651 26-41-200 through 26-41-207 New V. 28, p. 652-657 26-42-101 New V. 28, p. 657 26-42-102 New V. 28, p. 658 26-42-104 New V. 28, p. 659 26-42-105 New V. 28, p. 659 26-42-200 through 26-42-207 New V. 28, p. 659-664 26-44-101 through 26-44-106 New V. 28, p. 664-667 26-43-200 through 26-43-207 New V. 28, p. 667-671

AGENCY 28: DEPARTMENT OF HEALTH

AND ENVIRONMENT Reg. No. Action Register 28-1-20 Amended V. 27, p. 989 28-4-117 Amended V. 27. p. 990 28-4-120 Amended V. 27, p. 990 28-4-121 New V. 27, p. 990 28-4-122 Amended V. 27, p. 317 28-4-311 Amended V. 27, p. 317
28-4-312 through 28-4-317 Revoked V. 27, p. 317, 318 28-4-430 Amended V. 27, p. 991
28-4-800 through 28-4-825 New V. 27, p. 318-334 28-16-28g Amended V. 27, p. 779 28-23-16 Revoked V. 27, p. 191 28-32-1 Revoked V. 27, p. 247 28-32-2 Revoked V. 27, p. 247 28-32-4 Revoked V. 27, p. 247 28-32-5 Revoked V. 27, p. 247 28-32-6 Revoked V. 27, p. 247 28-32-7 Revoked V. 27, p. 247
28-32-8 through 28-32-14 New V. 27, p. 247-249
28-36-33 through 28-36-49 Revoked V. 27, p. 73
28-36-70 through 28-36-89 New V. 27, p. 73-87 28-38-18 Amended V. 27, p. 1742 28-38-19 Amended V. 27, p. 1743 28-38-21 Amended V. 27, p. 1743 28-38-22 Amended V. 27, p. 1744 28-38-23 Amended V. 27, p. 1744 28-38-29 Amended V. 27, p. 1745 28-39-145a Revoked V. 28, p. 623 28-39-146 Revoked V. 28, p. 623 28-39-147 Revoked V. 28, p. 623 28-39-148 Revoked V. 28, p. 623
28-39-164 through 28-39-168 Amended V. 28, p. 798-800
28-39-240 through 28-39-253 Revoked V. 28, p. 672
28-39-275 through 28-39-288 Revoked V. 28, p. 672
28-39-425 through 28-39-436 Revoked V. 28, p. 672 28-45b-1 through 28-45b-28 New V. 28, p. 973-988 28-53-1 through 28-53-5 Amended V. 28, p. 240, 241 28-59-5 Amended V. 27, p. 462 28-61-11 Amended V. 27, p. 464 28-70-4 New V. 28, p. 800 28-73-1 Amended V. 28, p. 74

AGENCY 30: SOCIAL AND REHABILITATION SERVICES Reg. No. Action Register 30-4-90 Amended V. 28, p. 916 30-5-78 Revoked V. 27, p. 1022 30-10-15a Revoked V. 27, p. 1345 30-10-15b Revoked V. 27, p. 1345 30-10-17 Revoked V. 27, p. 1345 30-10-18 Revoked V. 27, p. 1345 30-10-23a Revoked V. 27, p. 1346 30-10-23b Revoked V. 27, p. 1346 30-10-25 Revoked V. 27, p. 1346 30-10-26 Revoked V. 27, p. 1346 30-10-27 Revoked V. 27, p. 1346 30-10-200 Revoked V. 27, p. 1346 30-10-210 Revoked V. 27, p. 1346 30-45-20 New V. 28, p. 966 30-46-10 Amended V. 28, p. 966 30-46-17 Amended V. 28, p. 967 30-63-32 New V. 27, p. 664 30-64-24 Revoked V. 27, p. 665

AGENCY 40: KANSAS INSURANCE

DEPARTMENT Reg. No. Action Register 40-1-37 Amended V. 28, p. 966 40-1-48 Amended V. 27, p. 1709 40-2-28 New V. 28, p. 273 40-3-30 Amended V. 28, p. 112 40-3-52 New V. 27, p. 133 40-4-35 Amended V. 28, p. 915 40-4-37v New V. 28, p. 643 40-4-41 Amended V. 27, p. 434 40-4-41a through 40-4-41j Revoked V. 27, p. 434, 435 40-7-20a Amended V. 28, p. 604

AGENCY 44: DEPARTMENT OF CORRECTIONS Reg. No. Action Register 44-6-101 Amended V. 27, p. 1126 44-6-114e Amended V. 27, p. 1128 44-6-115a Amended V. 27, p. 1134 44-6-125 Amended V. 27, p. 1135 44-6-127 through 44-6-132 New V. 27, p. 1135-1138

AGENCY 49: DEPARTMENT OF LABOR Reg. No. Action Register 49-45-1 Amended V. 27, p. 1466 49-45-2 Amended V. 27, p. 1466 49-45-3 Amended V. 27, p. 1466 49-45-4 Amended V. 27, p. 1466 49-45-4a Amended V. 27, p. 1466 49-45-5 Amended V. 27, p. 1466 49-45-6 Amended V. 27, p. 1466 49-45-7 Amended V. 27, p. 1467 49-45-8 Amended V. 27, p. 1467 49-45-9 Amended V. 27, p. 1467 49-45-20 Amended V. 27, p. 1467 49-45-28 Amended V. 27, p. 1467 49-45-29 Amended V. 27, p. 1467 49-45-29b New V. 27, p. 1467 49-45-31 Amended V. 27, p. 1467 49-45-34 Amended V. 27, p. 1467 49-45-35 Amended V. 27, p. 1467 49-45-37 Amended V. 27, p. 1467

AGENCY 60: BOARD OF NURSING Reg. No. Action Register 60-1-103 Amended V. 27, p. 1603 60-1-104 Amended V. 27, p. 1603 60-2-101 Amended V. 27, p. 1604 60-2-102 Amended V. 27, p. 1605, 1670 60-2-104 Amended V. 27, p. 1606 60-2-105 Amended V. 28, p. 197 60-2-106 Amended V. 28, p. 197 60-2-107 Amended V. 27, p. 1606 60-2-108 Amended V. 27, p. 1607 60-3-106 Amended V. 27, p. 1607 60-3-106a Amended V. 27, p. 1608 60-3-113 New V. 27, p. 1608 60-3-114 New V. 27, p. 1608 60-7-111 New V. 27, p. 1609 60-9-105 Amended V. 28, p. 197 60-9-107 Amended V. 28, p. 198 60-13-103 Amended V. 28, p. 200 60-13-104 Amended V. 28, p. 200 60-15-101 Amended V. 28, p. 200 60-15-102 Amended V. 28, p. 201 60-15-104 Amended V. 28, p. 202

AGENCY 63: BOARD OF MORTUARY ARTS Reg. No. Action Register 63-2-26 New V. 27, p. 108 63-4-1 Amended V. 27, p. 108

AGENCY 66: BOARD OF TECHNICAL

PROFESSIONS Reg. No. Action Register 66-6-1 Amended V. 27, p. 315 66-6-4 Amended V. 27, p. 316 66-10-1 Amended V. 27, p. 317 66-11-5 Amended V. 28, p. 44 66-12-1 Amended V. 28, p. 44 66-14-1 Amended V. 28, p. 44 66-14-2 Amended V. 28, p. 45 66-14-3 Amended V. 28, p. 45 66-14-4 Revoked V. 28, p. 45 66-14-5 Amended V. 28, p. 45 66-14-7 Amended V. 28, p. 45

AGENCY 68: BOARD OF PHARMACY Reg. No. Action Register 68-7-12b Amended V. 27, p. 1518 68-7-20 Amended V. 27, p. 435 68-11-2 Amended V. 27, p. 1518 68-16-3 Amended V. 28, p. 342 68-18-1 New V. 27, p. 1857 68-18-2 New V. 27, p. 1857 68-18-3 New V. 27, p. 1858 68-19-1 New V. 28, p. 342 68-20-23 New (T) V. 27, p. 1709 68-20-23 New V. 28, p. 192

AGENCY 69: BOARD OF COSMETOLOGY Reg. No. Action Register 69-3-8 Amended (T) V. 28, p. 923 69-11-1 Amended V. 28, p. 298

AGENCY 71: KANSAS DENTAL BOARD Reg. No. Action Register

71-9-1 through 71-9-4 New V. 27, p. 1878 71-10-1 through 71-10-4 New V. 27, p. 1879

AGENCY 74: BOARD OF ACCOUNTANCY Reg. No. Action Register 74-4-7 Amended V. 28, p. 643 74-4-8 Amended V. 28, p. 644 74-4-9 Amended V. 27, p. 627 74-4-10 Amended V. 27, p. 627 74-5-2 Amended V. 28, p. 645 74-5-2a New V. 28, p. 646 74-5-101 Amended V. 28, p. 646 74-5-102 Amended V. 28, p. 646 74-5-103 Amended V. 28, p. 646 74-5-201 Amended V. 28, p. 646 74-5-202 Amended V. 28, p. 646 74-5-301 Amended V. 28, p. 647 74-5-302 Amended V. 28, p. 647 74-5-401 Amended V. 28, p. 647 (continued)

### 1118 Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 74-5-403 Amended V. 28, p. 647 74-5-405a Amended V. 28, p. 647 74-5-406 Amended V. 28, p. 647 74-7-4 Amended V. 28, p. 648 74-11-6 Amended V. 28, p. 648

AGENCY 81: OFFICE OF THE SECURITIES COMMISSIONER Reg. No. Action Register 81-3-2 Amended V. 27, p. 1801 81-3-6 Amended V. 28, p. 606 81-5-7 Amended V. 27, p. 1156 81-5-14 Amended V. 28, p. 571 81-7-2 Amended V. 27, p. 1156 81-14-1 Amended V. 27, p. 1157 81-14-2 Amended V. 27, p. 1801 81-14-5 Amended V. 28, p. 610 81-14-9 Amended V. 27, p. 1163

AGENCY 82: STATE CORPORATION

COMMISSION Reg. No. Action Register 82-3-107 Amended V. 27, p. 1518 82-3-108 Amended V. 27, p. 1519 82-3-111 Amended V. 27, p. 1520 82-3-135a Amended V. 27, p. 1521 82-3-135b Amended V. 27, p. 1521 82-3-138 Amended V. 27, p. 1521 82-3-402 Amended V. 27, p. 1521 82-4-30a Amended V. 27, p. 1020 82-11-4 Amended V. 28, p. 917 82-11-10 Amended V. 28, p. 922 82-14-1 through 82-14-5 Amended V. 28, p. 967-971 82-14-6 New V. 28, p. 972

AGENCY 84: PUBLIC EMPLOYEE RELATIONS BOARD Reg. No. Action Register 84-2-1 Amended V. 28, p. 872

AGENCY 86: REAL ESTATE COMMISSION Reg. No. Action Register 86-3-19 Amended (T) V. 27, p. 1090 86-3-19 Amended V. 27, p. 1517 86-3-30 New (T) V. 27, p. 1091 86-3-30 New V. 27, p. 1517

AGENCY 91: DEPARTMENT OF

EDUCATION Reg. No. Action Register 91-1-200 Amended V. 27, p. 1027 91-1-201 Amended V. 27, p. 1028 91-1-203 Amended V. 27, p. 1030 91-1-204 Amended V. 27, p. 1034 91-1-205 Amended V. 27, p. 1036 91-1-207 Amended V. 27, p. 1037 91-1-209 Amended V. 27, p. 1037 91-1-210 Amended V. 27, p. 1038 91-1-220 Amended V. 27, p. 1038 91-1-221 Amended V. 27, p. 1040 91-19-1 Amended V. 27, p. 1041 91-19-6 Amended V. 27, p. 1041 91-40-1 Amended V. 27, p. 274 91-40-2 Amended V. 27, p. 279 91-40-3 Amended V. 27, p, 279 91-40-5 Amended V. 27, p. 280
91-40-7 through 91-40-12 Amended V. 27, p. 281-284 91-40-16 Amended V. 27, p. 285 91-40-17 Amended V. 27, p. 285 91-40-21 Amended V. 27, p. 286 91-40-22 Amended V. 27, p. 287
91-40-26 through 91-40-31 Amended V. 27, p. 287-289 91-40-33 Amended V. 27, p. 290 91-40-34 Amended V. 27, p. 290 91-40-35 Amended V. 27, p. 290 91-40-37 Revoked V. 27, p. 291 91-40-38 Amended V. 27, p. 291 91-40-39 Revoked V. 27, p. 291 91-40-41 Amended V. 27, p. 291 91-40-42 Amended V. 27, p. 291 91-40-42a New V. 27, p. 292 91-40-43 Amended V. 27, p. 293 91-40-44 Amended V. 27, p. 293 91-40-45 Amended V. 27, p 293 91-40-46 Amended V. 27, p. 294 91-40-48 Amended V. 27, p. 294 91-40-50 Amended V. 27, p. 294 91-40-51 Amended V. 27, p. 295

AGENCY 92: DEPARTMENT OF REVENUE Reg. No. Action Register 92-12-114 New V. 27, p. 865 92-12-140 through 92-12-145 New V. 27, p. 866, 867 92-12-145 Amended V. 28, p. 604 92-19-70 Revoked V. 27, p. 868 92-26-1 Amended V. 28, p. 170 92-26-4 Amended V. 28, p. 170 92-28-1 through 92-28-4 New V. 28, p. 113 92-52-14 New V. 27, p. 1214 92-52-15 New V. 27, p. 1214 92-52-16 New V. 27, p. 1215

AGENCY 94: COURT OF TAX APPEALS Reg. No. Action Register

94-2-1 through 94-2-5 Amended (T) V. 27, p.1091-1093 94-2-1 through 94-2-5 Amended V. 27, p.1522-1524 94-2-8 through 94-2-16 Amended (T) V. 27, p. 1093-1095 94-2-8 through 94-2-16 Amended V. 27, p. 1524-1526 94-2-19 Amended (T) V. 27, p. 1095 94-2-19 Amended V. 27, p. 1527 94-2-20 Amended (T) V. 27, p. 1096 94-2-20 Amended V. 27, p. 1527 94-2-21 Amended (T) V. 27, p. 1096 94-2-21 Amended V. 27, p. 1528 94-3-1 Amended (T) V. 27, p. 1097 94-3-1 Amended V. 27, p. 1529 94-3-2 Amended (T) V. 27, p. 1098 94-3-2 Amended V. 27, p. 1529 94-4-1 Amended (T) V. 27, p. 1098 94-4-1 Amended V. 27, p. 1530 94-4-2 Amended (T) V. 27, p. 1098 94-4-2 Amended V. 27, p. 1530
Agency 97: COMMISSION ON VETERANS’ AFFAIRS Reg. No. Action Register 97-1-1 Revoked V. 28, p. 459 97-1-1a New V. 28, p. 459 97-1-2 Revoked V. 28, p. 460 97-1-2a New V. 28, p. 460 97-1-3 Revoked V. 28, p. 460 97-1-3a New V. 28, p. 460 97-1-4 Revoked V. 28, p. 460 97-1-4a New V. 28, p. 460 97-1-5 Revoked V. 28, p. 461 97-1-5a New V. 28, p. 461 97-1-6a New V. 28, p. 461 97-2-1 Revoked V. 28, p. 462 97-2-1a New V. 28, p. 462 97-2-2 Revoked V. 28, p. 462 97-2-2a New V. 28, p. 462 97-2-3 through 97-2-8 Revoked V. 28, p. 462 97-3-1 Revoked V. 28, p. 462 97-3-1a New V. 28, p. 462 97-3-2 Revoked V. 28, p. 462 97-3-2a New V. 28, p. 462 97-3-3 Revoked V. 28, p. 463 97-3-3a New V. 28, p. 463 97-3-4 through 97-3-9 Revoked V. 28, p. 463 97-4-1a New V. 28, p. 463

AGENCY 99: DEPARTMENT OF AGRICULTURE—DIVISION OF WEIGHTS AND MEASURES Reg. No. Action Register 99-25-1 Amended V. 27, p. 108 99-25-5 Amended V. 28, p. 522 99-25-9 Amended V. 27, p. 108 99-25-11 New V. 27, p. 109 99-26-1 Amended V. 28, p. 522 99-27-2 Amended V. 27, p. 1019 99-27-3 Revoked V. 27, p. 1019 99-27-4 Amended V. 27, p. 1019 99-27-5 Amended V. 27, p. 1019

AGENCY 100: BOARD OF HEALING ARTS Reg. No. Action Register 100-11-1 Amended (T) V. 27, p. 1602 100-11-1 Amended V. 28, p. 112 100-22-8 Revoked V. 27, p. 357 100-22-8a New V. 27, p. 357 100-28a-1 Amended (T) V. 27, p. 1602 100-28a-1 Amended V. 28, p. 112 100-28a-10 Amended V. 28, p. 572 100-29-7 Amended V. 27, p. 209 100-29-16 Amended V. 28, p. 1060 100-49-4 Amended (T) V. 28, p. 923 100-54-4 Amended V. 27, p. 209 100-55-4 Amended V. 27, p. 209 100-55-7 Amended V. 28, p. 1061 100-55-9 Amended V. 28, p. 572 100-69-1 Amended V. 27, p. 1672 100-69-2 Revoked V. 27, p. 1672 100-69-10 Amended V. 28, p. 572 100-72-1 Amended (T) V. 27, p. 1602 100-72-1 Amended V. 28, p. 112 100-72-7 Amended V. 28, p. 273 100-73-1 Amended (T) V. 28, p. 923 100-73-9 Amended V. 27, p. 315

AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD Reg. No. Action Register 102-1-8a New V. 28, p. 114 102-1-12 Amended V. 27, p. 407 102-2-7 Amended V. 27, p. 1801 102-2-8 Amended V. 28, p. 114 102-2-11a New V. 28, p. 116 102-2-12 Amended V. 28, p. 116 102-3-9b New V. 28, p. 117 102-3-12a Amended V. 27, p. 1117 102-4-1a Amended V. 27, p. 1803 102-4-6a Amended V. 27, p. 1805 102-4-6b New V. 27, p. 1806 102-4-9b New V. 28, p. 117 102-4-10a Amended V. 27, p. 1806 102-4-12 Amended V. 27, p. 1120 102-5-9a New V. 28, p. 118 102-5-12 Amended V. 27, p. 1122 102-6-9a New V. 28, p. 118 102-6-12 Amended V. 27, p. 1124

AGENCY 105: BOARD OF INDIGENTS’ DEFENSE SERVICES Reg. No. Action Register 105-11-1 Amended V. 27, p. 1838 105-11-1 Amended (T) V. 28, p. 1079

AGENCY 108: STATE EMPLOYEES HEALTH CARE COMMISSION Reg. No. Action Register 108-1-4 Amended V. 28, p. 1062

AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES Reg. No. Action Register 109-2-9 Amended V. 28, p. 1030 109-3-1 Amended V. 28, p. 1030 109-5-2 Amended V. 28, p. 574 109-5-3 Amended V. 28, p. 574 109-5-5 New V. 27, p. 1548 109-5-6 New V. 28, p. 575 109-6-3 Revoked V. 28, p. 575 109-15-1 New V. 28, p. 575

### 1119

Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 109-15-2 New V. 28, p. 576

AGENCY 110: DEPARTMENT OF COMMERCE Reg. No. Action Register 110-13a-1 New V. 27, p. 1063 110-13a-2 New V. 27, p. 1063 110-13a-3 New V. 27, p. 1064 110-19-1 through 110-19-4 New V. 27, p. 1064, 1065 110-20-1 through 110-20-4 New V. 27, p. 1065, 1066

AGENCY 111: KANSAS LOTTERY A complete index listing all regulations filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed by the Kansas Lottery from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations filed by the Kansas Lottery from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed by the Kansas Lottery from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. The following regulations were filed after January 1, 2008: Reg. No. Action Register 111-2-211 New V. 27, p. 992 111-2-212 New V. 27, p. 1559 111-2-213 New V. 27, p. 1560 111-2-214 through 111-2-218 New V. 28, p. 10, 11 111-2-216 Amended V. 28, p. 383 111-2-217 Amended V. 28, p. 383 111-2-219 through 111-2-223 New V. 28, p. 46, 47 111-2-224 New V. 28, p. 853 111-4-2614 Amended V. 27, p. 964 111-4-2645 through 111-4-2656 New V. 27, p. 436-442 111-4-2657 through 111-4-2662 New V. 27, p. 992-996 111-4-2663 New V. 27, p. 1489 111-4-2664 through 111-4-2683 New V. 27, p. 1560-1570 111-4-2680 Amended V. 28, p. 11 111-4-2684 through 111-4-2702 New V. 27, p. 1634-1644 111-4-2695 Amended V. 27, p. 1709 111-4-2703 through 111-4-2710 New V. 27, p. 1672-1677 111-4-2711 through 111-4-2715 New V. 27, p. 1677-1680 111-4-2716 through 111-4-2726 New V. 27, p. 1709-1718 111-4-2727 through 111-4-2744 New V. 27, p. 1746-1761 111-4-2745 through 111-4-2754 New V. 28, p. 11-20 111-4-2755 through 111-4-2766 New V. 28, p. 47-55 111-4-2767 through 111-4-2779 New V. 28, p. 274-278 111-4-2781 New V. 28, p. 278 111-4-2782 New V. 28, p. 279 111-4-2783 New V. 28, p. 281 111-4-2784 New V. 28, p. 298 111-4-2785 through 111-4-2790 New V. 28, p. 342-346 111-4-2791 through 111-4-2799 New V. 28, p. 383-389 111-4-2800 through 111-4-2814 New V. 28, p. 516-522 111-4-2815 through 111-4-2838 New V. 28, p. 853-871 111-4-2840 through 111-4-2848 New V. 28, p. 1031-1034 111-5-23 through 111-5-28 Amended V. 28, p. 299-302 111-5-33 Amended V. 28, p. 303 111-5-81 Amended V. 27, p. 1490 111-5-83 Amended V. 27, p. 1490 111-5-84 Amended V. 27, p. 1491 111-5-90 Amended V. 27, p. 1491 111-5-127 Amended V. 27, p. 442 111-5-128 Amended V. 27, p. 443 111-5-132 Amended V. 27, p. 443 111-5-165 through 111-5-169 New V. 27, p. 1491-1493 111-5-170 through 111-5-174 New V. 28, p. 347, 348 111-7-80a Amended V. 28, p. 282 111-7-223 through 111-7-232 New V. 27, p. 1493-1495 111-7-223a New V. 27, p. 1762 111-7-233 through 111-7-237 New V. 28, p. 57, 58 111-7-238 through 111-7-242 New V. 28, p. 283, 284 111-9-152 New V. 27, p. 1762 111-9-153 New V. 28, p. 20 111-9-154 New V. 28, p. 21 111-9-155 New V. 28, p. 22 111-9-156 New V. 28, p. 390 111-14-4 New V. 28, p. 22 111-14-5 New V. 28, p. 23 111-14-6 New V. 28, p. 24

AGENCY 112: RACING AND GAMING COMMISSION Reg. No. Action Register 112-12-15 New V. 28, p. 797 112-13-6 New V. 28, p. 376 112-100-1 through 112-100-7 New V. 27, p. 1378 112-101-1 through 112-101-16 New V. 28, p. 376-379 112-103-1 through 112-103-12 New V. 28, p. 376-382 112-103-15 New V. 28, p. 382 112-103-16 New V. 28, p. 382 112-104-1 through 112-104-33 New V. 27, p. 1378-1406 112-105-1 through 112-105-7 New V. 27, p. 1406-1408 112-106-1 through 112-106-7 New V. 27, p. 1408-1411 112-107-1 New V. 28, p. 424 112-107-2 New V. 28, p. 424 112-107-3 New V. 28, p. 424 112-107-5 New V. 28, p. 428 112-107-6 New V. 28, p. 428 112-107-7 New V. 28, p. 428 112-107-9 New V. 28, p. 429 112-107-10 New V. 28, p. 429 112-107-11 New V. 28, p. 430 112-107-13 through 112-107-32 New V. 28, p. 430-440 112-107-34 New V. 28, p. 441 112-110-1 through 112-110-13 New V. 28, p. 464-470 112-111-1 through 112-111-5 New V. 28, 470-472 112-112-1 through 112-112-9 New V. 27, p. 1411-1413 112-113-1 New V. 28, p. 382 112-114-1 through 112-114-6 New V. 28, p. 472 112-114-8 through 112-114-12 New V. 28, p. 472, 473 112-114-14 New V. 28, p. 473

AGENCY 115: DEPARTMENT OF WILDLIFE AND PARKS Reg. No. Action Register 115-2-1 Amended V. 27, p. 1704 115-2-3 Amended V. 27, p. 1264 115-2-3a Amended V. 27, p. 1705 115-2-5 Amended V. 27, p. 1265 115-4-1 Amended V. 28, p. 569 115-4-4 Amended V. 27, p. 403 115-4-4a Amended V. 27, p. 403 115-4-6 Amended V. 27, p. 109 115-4-6a Revoked V. 27, p. 112 115-4-13 Amended V. 27, p. 404 115-4-14 Revoked V. 27, p. 112 115-7-1 Amended V. 27, p. 1707 115-7-2 Amended V. 27, p. 1708 115-7-8 Amended V. 27, p. 405 115-7-9 Amended V. 27, p. 406 115-8-1 Amended V. 28, p. 571 115-8-9 Amended V. 27, p. 1265 115-8-10 Amended V. 27, p. 1265 115-8-13 Amended V. 27, p. 112 115-15-1 Amended V. 28, p. 1079 115-15-2 Amended V. 28, p. 1080 115-18-7 Amended V. 27, p. 406 115-18-21 New V. 27, p. 1708

AGENCY 117: REAL ESTATE APPRAISAL BOARD Reg. No. Action Register 117-1-1 Amended V. 28, p. 373 117-2-2a Amended V. 28, p. 373 117-3-1 Amended V. 28, p. 1027 117-3-2a Amended V. 28, p. 373 117-4-1 Amended V. 28, p. 1028 117-4-2a Amended V. 28, p. 374 117-5-2 Amended V. 28, p. 374 117-5-2a Amended V. 28, p. 375 117-6-1 Amended V. 28, p. 1029 117-7-1 Amended V. 28, p. 375 117-10-1 New V. 28, p. 375

AGENCY 121: DEPARTMENT OF CREDIT UNIONS Reg. No. Action Register 121-9-1 Amended V. 28, p. 457 121-10-1 New V. 27, p. 1099 121-10-2 New V. 27, p. 1099 121-11-1 New V. 28, p. 457 121-11-2 New V. 28, p. 457 121-12-1 New V. 28, p. 459

AGENCY 127: KANSAS HOUSING RESOURCES CORPORATION Reg. No. Action Register 127-2-1 New V. 28, p. 192 127-2-2 New V. 28, p. 192 127-2-3 New V. 28, p. 193

AGENCY 128: DEPARTMENT OF COMMERCE— KANSAS ATHLETIC COMMISSION Reg. No. Action Register 128-1-1 New (T) V. 27, p. 106 128-1-1 New V. 27, p. 358 128-2-1 New V. 27, p. 360 (continued)

### 1120 Index to Regulations 

## Kansas Register

q Kansas Secretary of State 2009 

### Vol. 28, No. 29, July 16, 2009 128-2-3 through 128-2-13 New V. 27, p. 360-362 128-2-12 New (T) V. 27, p. 107 128-3-1 New V. 27, p. 362 128-4-1 through 128-4-9 New V. 27, p. 363-367 128-4a-1 New V. 27, p. 367 128-5-1 New V. 27, p. 367 128-5-2 New V. 27, p. 368 128-6-1 New V. 27, p. 368 128-6-2 New V. 27, p. 371 128-6-4 New V. 27, p. 374

AGENCY 129: KANSAS HEALTH
POLICY AUTHORITY
Reg. No. Action Register
129-5-1 Amended V. 27, p. 628 129-5-78 New V. 27, p. 1022 129-5-108 Amended V. 27, p. 1346 129-10-15a New V. 27, p. 1346 129-10-15b New V. 27, p. 1348 129-10-17 New V. 27, p. 1348 129-10-18 New V. 27, p. 1350 129-10-23a New V. 27, p. 1353 129-10-23b New V. 27, p. 1353 129-10-25 New V. 27, p. 1354 129-10-26 New V. 27, p. 1355 129-10-27 New V. 27, p. 1356 129-10-200 New V. 27, p. 1356 129-10-210 New V. 27, p. 1358

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