reglab/housing_qa huggingface dataset:
KS Stat § 75-6207 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6207 Hearing procedure; judicial review.

75-6207. Hearing procedure; judicial review. (a) If the director receives a timely written request for a hearing under K.S.A. 75-6206, and amendments thereto, the director shall request a presiding officer from the office of administrative hearings who shall hold a hearing in accordance with the provisions of the Kansas administrative procedure act to determine whether the debt claim is valid. Subject to the provisions of subsection (b), the presiding officer shall determine whether the claimed sum asserted as due and owing is correct, and if not, shall order an adjustment to the debt claim which shall be forwarded to the director and to the state agency, foreign state agency or municipality to which the debt is owed. No issue may be considered at the hearing which has been previously litigated and no collateral attack on any judgment shall be permitted at the hearing. The order of the presiding officer shall inform the debtor of the amount determined as due, if any, and that setoff procedures have been ordered to proceed in accordance with this act. If the setoff is to be made against earnings of the debtor, the order shall include a statement that the setoff may be postponed in accordance with K.S.A. 75-6208, and amendments thereto. Orders under this section shall not be subject to administrative review.(b) In cases where there is only one known present or future payment due from the state to the alleged debtor, the presiding officer may limit the hearing issue to a determination of whether the debt owed the state agency, foreign state agency or municipality is at least equal to the amount of the payment owed to the debtor by the state.(c) Pending final determination in the order of the presiding officer of the validity of the debt asserted by the state agency, foreign state agency or municipality, no action shall be taken in furtherance of collection through the setoff procedure allowed under this act.(d) Judicial review of an order under this section shall be in accordance with the provisions of the Kansas judicial review act. In any such review, except as provided in subsection (e), the department of administration and the secretary of administration shall not be named parties to the proceedings.(e) Parties to an action for review of an order under this section shall be: (1) The debtor; (2) the state agency, foreign state agency or municipality which requested assistance in collecting the debt or which certified the debt; and (3) any party the district court permits to intervene in the action. Applications for a stay or other temporary remedies shall be to the district court.History: L. 1981, ch. 342, § 7; L. 1982, ch. 376, § 1; L. 1984, ch. 338, § 30; L. 1986, ch. 318, § 140; L. 1988, ch. 356, § 307; L. 1993, ch. 232, § 8; L. 2004, ch. 145, § 35; L. 2010, ch. 17, § 204; July 1.
KS Stat § 75-6208 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6208 Same; time for final setoff; hearing.

75-6208. Same; time for final setoff; hearing. After notification under K.S.A. 75-6206 and amendments thereto of the right to a hearing has been given, final setoff under K.S.A. 75-6209 and amendments thereto may occur at the following applicable time:(a) If the debtor fails to make timely request for a hearing under K.S.A. 75-6206 and amendments thereto the setoff may be made by the director at any time after expiration of the time within which a hearing may be requested.(b) Except as provided in subsection (c), if a hearing has been timely requested under K.S.A. 75-6206 and amendments thereto the setoff may be made by the director at any time after the presiding officer serves on the debtor an order stating the amount due under K.S.A. 75-6207 and amendments thereto.(c) If the setoff will be applied against earnings of the debtor and the debtor, within 15 days after service of the order under K.S.A. 75-6207 and amendments thereto, files written notice with the director that the debtor is appealing the setoff to the district court, the setoff may be made at any time after 30 days from the filing of such notice, unless otherwise ordered by the district court.History: L. 1981, ch. 342, § 8; L. 1988, ch. 356, § 308; July 1, 1989.
KS Stat § 75-6209 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6209 Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when.

75-6209. Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when. (a) In accordance with the applicable times under K.S.A. 75-6208, and amendments thereto, the director shall complete the setoff by adding and retaining the collection assistance fee permitted by K.S.A. 75-6210, and amendments thereto, and transferring the net proceeds collected for credit or payment and by refunding any outstanding balance to the debtor.(b) Upon completing the setoff, the director shall notify the debtor in writing of the action taken along with an accounting of the action taken. If there is an outstanding balance after setoff, the notice under this section shall accompany the balance when refunded.(c) When a setoff is completed against earnings of an employee for any pay period and the setoff does not fully liquidate the debt due, further setoff in subsequent pay periods may be made without further certifications or notice to the debtor, except that the director shall notify the debtor in writing of the action taken and give an accounting thereof. The debtor may request an opportunity for hearing in regard to any further setoff in subsequent pay periods by making a written request therefor to the director. Any such request shall not stay future setoffs, but such hearing shall be held within a reasonable time, not to exceed 15 days after the request, unless a longer time has been agreed to by the debtor. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Orders resulting from hearings under this subsection shall not be subject to administrative review.History: L. 1981, ch. 342, § 9; L. 1988, ch. 356, § 309; L. 2015, ch. 53, § 8; July 1.
KS Stat § 75-6211 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6211 Same; priority of claims.

75-6211. Same; priority of claims. The priority in multiple claims by state agencies, foreign state agencies and municipalities for setoff under the provisions of this act shall be according to the following priority of claims:(a) Collection of taxes owed to agencies of the state of Kansas;(b) claims for collection of intrastate and interstate child support debts;(c) claims for collection of debts which have been written off by assignment to the director;(d) other claims according to the time of filing with the director under K.S.A. 75-6208 and amendments thereto; and(e) notwithstanding subsection (d), claims for collection of tax liabilities of other states shall have last priority according to the time of filing with the director under K.S.A. 75-6208, and amendments thereto.History: L. 1981, ch. 342, § 11; L. 1993, ch. 232, § 10; July 1.
KS Stat § 75-6212 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6212 Same; use of information held by department of revenue for setoff, limitations; duty of confidentiality.

75-6212. Same; use of information held by department of revenue for setoff, limitations; duty of confidentiality. (a) Notwithstanding any provision of law prohibiting disclosure by the department of revenue of the contents of taxpayer records or information and notwithstanding any confidentiality statute of any state agency, foreign state agency or municipality, all information exchanged among the department of revenue, any other state agency, foreign state agency or municipality and the debtor necessary to accomplish and effectuate the intent of this act is lawful.(b) The information obtained by any other state agency, foreign state agency or municipality from the department of revenue in accordance with the exemption authorized by subsection (a) shall only be used by such other state agency, foreign state agency or municipality in the pursuit of its debt collection duties and practices. Any person employed by, or formerly employed by, a state agency other than the department of revenue, who is employed, or formerly employed by a foreign state agency or municipality, and who receives information subject to the provisions of K.S.A. 79-3234 and amendments thereto, or other information designated by law as confidential, shall be subject to the same duty of confidentiality with respect to such confidential information imposed by law on officers and employees of the state agency, foreign state agency or municipality from which such information was obtained and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality.History: L. 1981, ch. 342, § 12; L. 1993, ch. 232, § 11; July 1.
KS Stat § 75-6213 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6213 Same; setoff procedure regulations under prior law continued.

75-6213. Same; setoff procedure regulations under prior law continued. All rules and regulations relating to setoff procedures which were adopted by the secretary of administration under K.S.A. 75-3728k and which were in effect immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the duly adopted rules and regulations of the secretary of administration under this act until revised, amended, revoked or nullified pursuant to law, except any provision of such rules and regulations in conflict with this act shall be void on the effective date of this act.History: L. 1981, ch. 342, § 13; July 1.
KS Stat § 75-6214 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6214 Same; right to hearing, when; refund of amounts improperly setoff.

75-6214. Same; right to hearing, when; refund of amounts improperly setoff. (a) Upon written request to the director, any debtor against whom setoff has been effected may have a hearing thereon if:(1) The debtor alleges that either such debtor did not receive actual notice of the right to request a hearing thereon or that the debtor did not use the opportunity for a hearing;(2) less than two years have elapsed since the setoff was effected; and(3) the debtor alleges that the setoff was improper.(b) Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Orders resulting from hearings under this section shall not be subject to administrative review. If it is determined that the setoff was improper, the debtor shall be entitled to a refund of the sum improperly setoff. The director of accounts and reports shall cause such refund to be paid from the fund or funds of any state agency to which the amounts which were setoff were credited. In the case of a foreign state agency or municipality, the director shall direct a refund of the amount improperly setoff. The amount of any such refund shall be in addition to and shall not be included in computing expenditures credited against any expenditure limitation imposed on any such fund.History: L. 1981, ch. 342, § 14; L. 1988, ch. 356, § 310; L. 1993, ch. 232, § 12; July 1.
KS Stat § 75-6215 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6215 Reciprocal agreements with foreign states.

75-6215. Reciprocal agreements with foreign states. The secretary of revenue and the director of accounts and reports are hereby authorized to enter into reciprocal agreements with foreign states to allow the setoff of debts owed to such foreign states pursuant to K.S.A. 75-6201 et seq., and amendments thereto.History: L. 1993, ch. 232, § 1; July 1.
KS Stat § 75-6216 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6216 Agreements with federal department of the treasury; offsetting federal and state payments; fees; lawful exchange of information.

75-6216. Agreements with federal department of the treasury; offsetting federal and state payments; fees; lawful exchange of information. (a) The director may enter into one or more agreements with the federal department of the treasury or its successor that provide for offsetting federal and state payments, as authorized by federal law and K.S.A. 75-6204, and amendments thereto, except that other setoffs under K.S.A. 75-6201 et seq., and amendments thereto, occur prior to the setoffs authorized under this section.(b) Any agreement entered into by the director pursuant to subsection (a) may provide that the federal department of the treasury or its successor may deduct a fee from each administrative setoff and state payment setoff. For purposes of this subsection: (1) "Administrative setoff" means any offset of federal payments to collect state tax and nontax obligations; and(2) "state payment setoff" means any offset of state payments to collect federal nontax obligations.(c) The director is authorized to deduct a fee in an amount authorized under subsection (b) of K.S.A. 75-6210, and amendments thereto.(d) Notwithstanding any provision of law prohibiting disclosure by the department of administration of the contents of debtor records or information, and notwithstanding any confidentiality statute of any state agency, all information exchanged between the department of administration, the federal department of the treasury and the debtor necessary to accomplish and effectuate the intent of this act is lawful.History: L. 2011, ch. 76, § 1; July 1.
KS Stat § 75-6217 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States|75-6217 Prize winnings withheld, when; indemnification of managers and licensees; remittance of withholdings.

75-6217. Prize winnings withheld, when; indemnification of managers and licensees; remittance of withholdings. (a) Prior to any lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee paying on behalf of the state any moneys requiring the completion of an internal revenue service form W-2G, the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee shall cause the person winning the prize to be matched against the state debtor files maintained by the director of accounts and reports as prescribed under K.S.A. 75-6201 et seq., and amendments thereto. If such person is listed in the state debtor files, the prize shall be withheld by the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee to the extent of such person's debt as set forth in the state debtor files.(b) The lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee shall not be subject to any civil, criminal or administrative liability for any actions taken pursuant to this section, unless such actions are intentional, malicious or wanton by such lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee or employees or agents thereof. The state shall indemnify the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee for any and all expenses, losses, damages and attorney fees that arise directly or indirectly from the performance of activities related to this section. For the purposes of the fair debt collection practices act, and any other federal or state law, the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee shall have all of the protections of the state under the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto. The sole remedy at law for persons who claim prizes were wrongfully withheld pursuant to this section shall be to submit an appeal to the department of administration pursuant to K.S.A. 75-6201 et seq., and amendments thereto.(c) Moneys withheld, based on the state debtor files, shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. The state treasurer shall deposit the entire amount in the state treasury and credit it to the department of administration's setoff clearing fund.(d) Nothing in this section shall apply to Native American tribal gaming facilities.(e) This section shall be part of and supplemental to the state debt setoff program.History: L. 2018, ch. 96, § 6; May 24.
KS Stat § 75-6301 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 63 - Office Of Securities Commissioner|75-6301 Securities commissioner; appointment and confirmation; establishment and administration of office; staff.

75-6301. Securities commissioner; appointment and confirmation; establishment and administration of office; staff. (a) There is hereby established under the jurisdiction of the commissioner of insurance a division to be known as the office of the securities commissioner of Kansas. The office shall be administered by the securities commissioner of Kansas who shall be in the unclassified service under the Kansas civil service act. The securities commissioner shall be appointed by the commissioner of insurance and be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. The securities commissioner shall have special training and qualifications for such position, shall receive such compensation as may be fixed by the commissioner of insurance and shall serve at the pleasure of the commissioner of insurance. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as securities commissioner shall exercise any power, duty or function as securities commissioner until confirmed by the senate.(b) The securities commissioner shall devote full time to the performance of the duties of the office of the securities commissioner.(c) The securities commissioner may appoint directors and other employees within the office of the securities commissioner as determined necessary by the securities commissioner to effectively carry out the mission of the office. All directors appointed after the effective date of this act shall be in the unclassified service under the Kansas civil service act, shall have special training and qualifications for such positions, shall serve at the pleasure of the securities commissioner and shall receive compensation fixed by the securities commissioner and approved by the commissioner of insurance.(d) Nothing in subsection (c) shall affect the classified status of any person employed in the office of the securities commissioner on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the securities commissioner pursuant to K.S.A. 75-2948, and amendments thereto.(e) The office of the securities commissioner of Kansas shall cooperate with the insurance department to consolidate administrative functions and cross-appoint such employees as deemed necessary to provide efficiency. The commissioner of insurance and the securities commissioner are hereby authorized to enter into agreements and adopt rules and regulations as necessary to administer the provisions of this subsection.History: L. 1982, ch. 98, § 1; L. 1998, ch. 182, § 21; L. 2008, ch. 121, § 33; L. 2017, ch. 81, § 11; L. 2020, ch. 10, § 7; June 11.
KS Stat § 75-6302 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 63 - Office Of Securities Commissioner|75-6302 Predecessor office abolished; transfer of powers, duties and functions; preservation of rules and regulations, orders, directives.

75-6302. Predecessor office abolished; transfer of powers, duties and functions; preservation of rules and regulations, orders, directives. (a) On July 1, 1982, the office of the securities commissioner of Kansas provided for by K.S.A. 17-1270, prior to its amendment in 1982, and prior to its repeal by this act, shall be and is hereby abolished and all of the powers, duties and functions of such securities commissioner shall be and are hereby transferred to and conferred and imposed upon the securities commissioner of Kansas provided for by this act.(b) Except as otherwise provided in this act, the securities commissioner provided for by this act shall be the successor in every way to the powers, duties and functions of the securities commissioner, in which the same were vested prior to the effective date of this act.(c) Whenever the securities commissioner of Kansas, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the securities commissioner provided for by this act.(d) All rules and regulations and all orders and directives of the securities commissioner of Kansas in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the securities commissioner of Kansas provided for by this act, until revised, amended, repealed or nullified pursuant to law.History: L. 1982, ch. 98, § 2; L. 2004, ch. 154, § 64; July 1, 2005.
KS Stat § 75-6303 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 63 - Office Of Securities Commissioner|75-6303 Transfer of certain officers and employees; civil service and retirement benefits preserved; civil service laws applicable to transfers and abolition of positions.

75-6303. Transfer of certain officers and employees; civil service and retirement benefits preserved; civil service laws applicable to transfers and abolition of positions. Except as otherwise provided in this act, on July 1, 1982, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the office of the securities commissioner of Kansas which is abolished by this act, and who, in the opinion of the securities commissioner provided for by this act, are necessary to perform the powers, duties and functions of the office of the securities commissioner of Kansas provided for by this act, shall be transferred to, and shall become officers and employees of the securities commissioner of Kansas as provided for by this act. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1982. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolition of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.History: L. 1982, ch. 98, § 3; July 1.