reglab/housing_qa huggingface dataset:
KS Stat § 65-5311 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5311 Waiver of license requirement, when; alternative requirements.

65-5311. Waiver of license requirement, when; alternative requirements. (a) In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the secretary may waive the requirement for a license.(b) The secretary may approve, on a case-by-case basis, an alternative to a required public health protection procedure for an asbestos project if the business entity or state or political or taxing subdivision of the state submits a written description of the alternative procedure to the secretary and demonstrates to the satisfaction of the secretary that the proposed alternative procedure provides equivalent protection.(c) If a business entity or state or political or taxing subdivision of the state is not primarily engaged in the removal or encapsulation of asbestos, the secretary may waive the requirement for a license if public health protection requirements are met or an alternative procedure is approved under subsection (b).History: L. 1985, ch. 203, § 11; L. 2016, ch. 20, § 7; July 1.
KS Stat § 65-5312 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5312 State agencies and political subdivisions; bid acceptance requirements; compliance with act.

65-5312. State agencies and political subdivisions; bid acceptance requirements; compliance with act. (a) No state agency or political or taxing subdivision of the state shall accept a bid in connection with any asbestos project from a business entity which does not hold a license at the time the bid is submitted.(b) No state agency or political or taxing subdivision of the state shall carry out any asbestos project using its own employees except in compliance with the requirements of K.S.A. 65-5304 that also apply to business entities.History: L. 1985, ch. 203, § 12; Jan. 1, 1986.
KS Stat § 65-5313 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5313 Violations; criminal penalties.

65-5313. Violations; criminal penalties. (a) Any individual person or business entity who willfully violates any provision of this act or any rules and regulations adopted under this act is guilty:(1) For a first offense, of a class C misdemeanor; and(2) for a second offense, of a class B misdemeanor.History: L. 1985, ch. 203, § 13; Jan. 1, 1986.
KS Stat § 65-5314 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5314 Same; civil penalties; appeal and review; disposition of moneys recovered.

65-5314. Same; civil penalties; appeal and review; disposition of moneys recovered. (a) Any business entity which violates any provision of this act or any rules and regulations adopted under this act, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in an amount not to exceed $5,000 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.(b) The secretary, upon a finding that a business entity has violated any provision of this act or any rules and regulations adopted under this act, may impose a civil penalty within the limits provided in this section upon such business entity, which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.(c) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.(d) Any business entity aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act. An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary shall refund forthwith the payment of any civil penalty to the business entity with interest at the rate established by K.S.A. 16-204, and amendments thereto, from the date of payment of the penalty.(e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.History: L. 1985, ch. 203, § 14; L. 2010, ch. 17, § 162; L. 2016, ch. 20, § 8; July 1.
KS Stat § 65-5315 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5315 Injunctions.

65-5315. Injunctions. Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity to restrain or prevent any violation of the provisions of this act or of any rules and regulations adopted under this act.History: L. 1985, ch. 203, § 15; L. 2010, ch. 17, § 163; July 1.
KS Stat § 65-5316 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5316 Asbestos remediation fund established; disposition of moneys collected pursuant to the act.

65-5316. Asbestos remediation fund established; disposition of moneys collected pursuant to the act. (a) There is hereby established in the state treasury the asbestos remediation fund.(1) The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:(A) Permit and approval fees collected under K.S.A. 65-5309, and amendments thereto;(B) any moneys recovered by the state under the provisions of this act, including administrative expenses and moneys paid under any agreement, stipulation or settlement; and(C) interest attributable to investment of moneys in the fund.(2) Upon receipt of each remittance pursuant to paragraph (1), the state treasurer shall deposit the entire amount in the state treasury to the credit of the asbestos remediation fund.(b) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas asbestos control act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the asbestos remediation fund interest earnings based on the:(1) Average daily balance of moneys in the asbestos remediation fund for the preceding month; and(2) net earnings rate of the pooled money investment portfolio for the preceding month.(d) All expenditures from the asbestos remediation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.History: L. 2021, ch. 60, § 1; July 1.
KS Stat § 65-5401 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5401 Citation of act.

65-5401. Citation of act. K.S.A. 65-5401 to 65-5417, inclusive, shall be known and may be cited as the occupational therapy practice act.History: L. 1986, ch. 323, § 1; July 1.
KS Stat § 65-5403 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5403 Administration of act by state board of healing arts.

65-5403. Administration of act by state board of healing arts. The board, in the manner hereinafter provided, shall administer the provisions of this act.History: L. 1986, ch. 323, § 3; July 1.
KS Stat § 65-5404 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5404 Occupational therapist council established; appointment of members; compensation.

65-5404. Occupational therapist council established; appointment of members; compensation. (a) There is established an occupational therapist council to advise the board in carrying out the provisions of this act. The council shall consist of five members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; and three members shall be occupational therapists appointed by the governor. The governor shall, insofar as possible, appoint persons from different geographical areas and persons who represent various types of occupational therapy treatment. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The Kansas occupational therapy association shall recommend the names of occupational therapists to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. The terms of the members of the council appointed by the governor prior to the effective date of this act shall expire on July 1, 1988. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor on or after the effective date of this act one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.History: L. 1986, ch. 323, § 4; L. 1987, ch. 253, § 1; L. 1988, ch. 251, § 3; July 1.
KS Stat § 65-5405 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5405 Duties of board.

65-5405. Duties of board. The board shall pass upon the qualifications of all applicants for examination and licensure, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act. The board shall keep a record of all proceedings under this act and a roster of all individuals licensed under this act. Only an individual may be licensed under this act.History: L. 1986, ch. 323, § 5; L. 2002, ch. 203, § 5; Apr. 1, 2003.
KS Stat § 65-5406 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5406 Application for licensure; requirements.

65-5406. Application for licensure; requirements. (a) An applicant applying for licensure as an occupational therapist or as an occupational therapy assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board.(2) Experience: The applicant shall submit to the board evidence of having successfully completed a period of supervised field work at a minimum recognized by the board.(3) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-5407 and amendments thereto.(4) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-5409 and amendments thereto.(b) The board shall adopt rules and regulations establishing the criteria which an educational program in occupational therapy shall satisfy to be recognized by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in occupational therapy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in occupational therapy. In entering such contracts the authority to recognize an educational program in occupational therapy shall remain solely with the board.History: L. 1986, ch. 323, § 6; L. 1988, ch. 243, § 12; L. 2002, ch. 203, § 6; Apr. 1, 2003.
KS Stat § 65-5407 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5407 Examinations.

65-5407. Examinations. Each applicant for licensure under this act shall be examined by written examination required by the board to test the applicant's knowledge of the basic and clinical sciences relating to occupational therapy, and occupational therapy theory and practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall approve an examination for occupational therapy assistants and establish standards for acceptable performance.History: L. 1986, ch. 323, § 7; L. 2002, ch. 203, § 7; Apr. 1, 2003.
KS Stat § 65-5408 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5408 Waiver of examination and other requirements; when waived; temporary license.

65-5408. Waiver of examination and other requirements; when waived; temporary license. (a) The board may waive the examination, education or experience requirements and grant licensure to any applicant who presents proof of current licensure or registration as an occupational therapist or occupational therapy assistant in another state, the District of Columbia or territory of the United States which requires standards for licensure or registration determined by the board to be equivalent to or exceed the requirements for licensure under this act.(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-5409 and amendments thereto.(c) The board may issue a temporary license to an applicant for licensure as an occupational therapist or as an occupational therapy assistant who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-5409 and amendments thereto. Such temporary license shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.History: L. 1986, ch. 323, § 8; L. 1987, ch. 253, § 2; L. 1991, ch. 192, § 5; L. 1997, ch. 26, § 1; L. 2002, ch. 203, § 8; Apr. 1, 2003.
KS Stat § 65-5409 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5409 Fees.

65-5409. Fees. (a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:Application fee, not more than    $80Temporary license fee, not more than    40License renewal fee, not more than    80License late renewal fee, not more than    80License reinstatement fee, not more than    80Certified copy of license, not more than    40Written verification of license, not more than    25(b) The board shall charge and collect in advance fees for any examination administered by the board under the occupational therapy practice act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the occupational therapy practice act be paid directly to the examination service by the person taking the examination.History: L. 1986, ch. 323, § 9; L. 1987, ch. 253, § 3; L. 1989, ch. 202, § 2; L. 1997, ch. 94, § 4; L. 2002, ch. 203, § 9; Apr. 1, 2003.
KS Stat § 65-5410 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5410 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties.

65-5410. Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties. (a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately censured where the licensee or applicant for licensure has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;(4) violating any lawful order or rule and regulation of the board; and(5) violating any provision of this act.(b) Such denial, refusal to renew, suspension, revocation or limitation of a license or public or private censure of a licensee may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked license shall be accompanied by the license renewal fee and the license reinstatement fee established under K.S.A. 65-5409, and amendments thereto.(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.History: L. 1986, ch. 323, § 10; L. 2002, ch. 203, § 10; L. 2004, ch. 117, § 19; July 1.
KS Stat § 65-5411 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5411 Foreign trained occupational therapists and occupational therapy assistants; requirements.

65-5411. Foreign trained occupational therapists and occupational therapy assistants; requirements. Foreign trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of K.S.A. 65-5406. The board shall require foreign trained applicants to furnish proof of completion of educational and supervised field work requirements, substantially equal to or greater than those contained in K.S.A. 65-5406 prior to taking the examination.History: L. 1986, ch. 323, § 11; July 1.
KS Stat § 65-5412 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5412 Expiration of license; renewal; suspension; reinstatement; fees.

65-5412. Expiration of license; renewal; suspension; reinstatement; fees. (a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-5409, and amendments thereto. The board may establish additional requirements for licensure renewal which provide evidence of continued competency.(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (c).(c) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the renewal fee and the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.(d) A person whose license is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the license was suspended.History: L. 1986, ch. 323, § 12; L. 2002, ch. 203, § 11; L. 2004, ch. 117, § 20; July 1.
KS Stat § 65-5413 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 54 - Occupational Therapy|65-5413 Moneys received by board; disposition; healing arts fee fund.

65-5413. Moneys received by board; disposition; healing arts fee fund. The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president of the board.History: L. 1986, ch. 323, § 13; L. 2001, ch. 5, § 262; L. 2011, ch. 53, § 35; July 1.