reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 69 - Economic Opportunity Office › 74-6905 Governor to resolve conflicts.

74-6905.
Governor to resolve conflicts.
When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1975, ch. 395, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7001 Technical professions; unlawful practice; representation and use of title.

74-7001. Technical professions; unlawful practice; representation and use of title.
(a) Except as otherwise provided in K.S.A. 74-7001 et seq., and amendments thereto, it shall be unlawful for any person to practice or to offer to practice in the state of Kansas, any profession included within the term technical professions, as such term is defined in K.S.A. 74-7003, and amendments thereto, unless such person has been duly licensed to practice such profession under K.S.A. 74-7001 et seq., and amendments thereto, or holds a certificate of authorization issued under K.S.A. 74-7036, and amendments thereto.
(b) Any person practicing any technical profession in this state, or calling or representing such person as a licensed practitioner of such technical profession, or using the title of a licensed practitioner of such technical profession shall be required to submit evidence that such person is duly licensed under K.S.A. 74-7001 et seq., and amendments thereto, or holds a certificate of authorization issued under K.S.A. 74-7036, and amendments thereto.
History:
L. 1976, ch. 334, § 1; L. 1978, ch. 326, § 1; L. 1980, ch. 244, § 2; L. 2014, ch. 88, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7004 State board of technical professions; purpose; membership; appointment; vacancies.

74-7004. State board of technical professions; purpose; membership; appointment; vacancies.
For the purpose of administering the provisions of this act and in order to establish and maintain a high standard of integrity, skills and practice in the technical professions and to safeguard the health, safety, property and welfare of the public, the governor shall appoint a state board of technical professions consisting of 13 members. At least 30 days prior to the expiration of any term other than that of a member appointed from the general public, professional societies and associations which are respectively representative of each branch of the technical professions may submit to the governor a list of three or more names of persons of recognized ability who have the qualifications prescribed for board members for appointment from that branch of the technical professions. The governor shall consider the list of persons in making the appointment to the board. In case of a vacancy in the membership of the board, other than that of a member appointed from the general public, for any reason other than the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term. In making the appointment the governor shall give consideration to the list of persons last submitted.
History:
L. 1976, ch. 334, § 4; L. 1978, ch. 326, § 3; L. 1978, ch. 308, § 69; L. 1981, ch. 299, § 60; L. 1982, ch. 347, § 46; L. 1984, ch. 294, § 1; L. 1995, ch. 104, § 4; L. 2014, ch. 88, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7005 Qualifications of members.

74-7005. Qualifications of members.
(a) Membership of the board shall be as follows:
(1) Four members shall have been engaged in the practice of engineering for at least eight years, which practice shall include responsible charge of engineering work, and shall be Kansas licensed professional engineers. At least one of such members shall be engaged in private practice as an engineer. At least one of such members may also be licensed as a Kansas professional surveyor, as well as a Kansas licensed professional engineer.
(2) Two members shall have been engaged in the practice of surveying for at least eight years, which practice shall include responsible charge of surveying work, and shall be Kansas licensed professional surveyors.
(3) Three members shall have been engaged in the practice of architecture for at least eight years, which practice shall include responsible charge of architectural work, and shall be Kansas licensed architects.
(4) One member shall have been engaged in the practice of landscape architecture for at least eight years, which practice shall include responsible charge of landscape architectural work, and shall be a Kansas licensed landscape architect.
(5) One member shall have been engaged in the practice of geology for at least eight years, which practice shall include responsible charge of geology work, and shall be a Kansas licensed professional geologist.
(6) Two members shall be from the general public of this state.
(b) Each member of the board shall be a citizen of the United States and a resident of this state.
(c) Any amendments to this section shall not be applicable to any member of the board who was appointed to the board and qualified for such appointment under this section prior to the effective date of such enactment.
History:
L. 1976, ch. 334, § 5; L. 1976, ch. 337, § 1; L. 1978, ch. 326, § 4; L. 1992, ch. 240, § 4; L. 1997, ch. 128, § 2; L. 2014, ch. 88, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7006 Terms of members; vacancies; removal from office.

74-7006. Terms of members; vacancies; removal from office.
(a) Whenever a vacancy occurs in the membership of the board by reason of the expiration of a term of office, the governor shall appoint a successor of like qualifications. Except as provided in subsection (e), all appointments shall be for terms of four years, but no member shall be appointed for more than three successive four-year terms.
(b) The terms of members appointed to the board shall commence on the July 1 immediately following the day of expiration of the preceding term, regardless of when the appointment is made, and except as provided in subsection (e), shall expire on June 30 of the fourth year of the member's term.
(c) Each member shall serve until a successor is appointed and qualified. Whenever a vacancy shall occur in the membership of the board for any reason other than the expiration of a member's term of office, the governor shall appoint a successor of like qualifications to fill the unexpired term.
(d) The governor may remove any member of the board for misconduct, incompetency, neglect of duty or for any other sufficient cause.
(e) (1) The following members whose terms begin July 1, 2012, shall serve initial terms as follows:
(A) One member licensed as both an engineer and as a land surveyor shall serve a term of one year.
(B) One member from the general public shall serve a term of one year.
(C) One member licensed as a geologist shall serve a term of three years.
(D) One member licensed as a land surveyor shall serve a term of two years.
(2) The terms of members specified in this subsection shall expire on June 30 in the last year of such member's term. Upon reappointment, members shall serve a term of not more than four years.
(3) No member specified in this subsection shall serve more than four consecutive terms.
History:
L. 1976, ch. 334, § 6; L. 1992, ch. 240, § 5; L. 1997, ch. 128, § 3; L. 2012, ch. 88, § 1; April 12.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7007 Same; organization; election of officers; seal; rules; oath; meetings; quorum.

74-7007. Same; organization; election of officers; seal; rules; oath; meetings; quorum.
The board shall organize annually at its first meeting subsequent to July 1, and shall select a chairperson, vice-chairperson, and secretary from its own membership. The secretary shall be the custodian of the common seal, the books and records of the board, and shall be responsible for the recordation, publication and archiving of all board proceedings. The chairperson and secretary shall have the power to administer oaths pertaining to the business of the board. The board shall have a common seal and shall formulate rules to govern its actions. Each member of the board shall take and subscribe the oaths prescribed by law for state officers. The oaths provided for herein shall be filed in the office of the secretary of state. The board shall hold an annual meeting and such additional meetings as the board may designate. Seven members of the board shall constitute a quorum for the transaction of business.
History:
L. 1976, ch. 334, § 7; L. 1995, ch. 104, § 5; L. 2014, ch. 88, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7008 Same; executive director and assistant executive director, appointment and salary; compensation and expenses of board members; personnel.

74-7008.
Same; executive director and assistant executive director, appointment and salary; compensation and expenses of board members; personnel.
(a) The board may appoint an executive director and an assistant executive director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board.
(b) Members of the state board of technical professions attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
(c) The board may employ clerical personnel and other assistants all of whom shall be in the classified service under the Kansas civil service act and may make and enter into contracts of employment with such professional personnel as may be necessary, in the board's judgment, for the performance of its duties and functions and the execution of its powers.
History:
L. 1976, ch. 334, § 8; L. 1976, ch. 337, § 2; L. 1992, ch. 240, § 6; L. 1997, ch. 158, § 11; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7009 Fees; disposition; technical professions fee fund; expenditures.

74-7009. Fees; disposition; technical professions fee fund; expenditures.
(a) The following nonrefundable fees shall be collected by the board:
(1) For an original license, issued upon the basis of an examination given by the board, an application fee in the sum of not more than $200 plus an amount equal to the cost of any examination directly administered by the board for any branch of the technical professions;
(2) for a license by reciprocity under K.S.A. 74-7024, and amendments thereto, an application fee of not more than $500;
(3) for a certificate of authorization for a business entity, the sum of not more than $300;
(4) for the biennial renewal of an active license, the sum of not more than $200;
(5) for the biennial renewal of a certificate of authorization for a business entity, the sum of not more than $300;
(6) for the untimely renewal of a license or certificate of authorization pursuant to K.S.A. 74-7025, and amendments thereto, a late fee of not more than $200; and
(7) for the return of an inactive license to active practice, or for the reinstatement of a cancelled license, the sum of not more than $200.
(b) On or before November 15 of each year, the board shall determine the amount necessary to administer the provisions of K.S.A. 74-7001 et seq., and amendments thereto, for the ensuing calendar year and shall fix the fees for such year at the sum deemed necessary for such purposes.
(c) 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 technical professions fee fund, which fund is hereby created. 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 chairperson of the board or by a person or persons designated by the chairperson.
History:
L. 1976, ch. 334, § 9; L. 1978, ch. 326, § 5; L. 1980, ch. 244, § 3; L. 1992, ch. 240, § 7; L. 1997, ch. 158, § 12; L. 2001, ch. 5, § 333; L. 2009, ch. 94, § 2; L. 2011, ch. 53, § 52; L. 2014, ch. 88, § 10; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7010 Roster; maintenance and filing; copies, availability, fees.

74-7010. Roster; maintenance and filing; copies, availability, fees.
A roster showing the names and places of business of all persons licensed under K.S.A. 74-7001 et seq., and amendments thereto, or issued a certificate of authorization under K.S.A. 74-7036, and amendments thereto, shall be maintained by the executive director. The roster shall also specify the branch of the technical professions in which each such person is licensed or authorized to practice. Copies of the roster shall be provided in accordance with the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto.
History:
L. 1976, ch. 334, § 10; L. 1978, ch. 326, § 6; L. 1978, ch. 327, § 1; L. 1978, ch. 347, § 17; L. 1980, ch. 245, § 1; L. 1980, ch. 244, § 4; L. 1992, ch. 240, § 8; L. 2001, ch. 5, § 334; L. 2014, ch. 88, § 11; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7013 Powers and duties of board.

74-7013. Powers and duties of board.
(a) The board may adopt all rules and regulations, including rules of professional conduct, which are necessary for performance of its powers, duties and functions in the administration of the provisions of K.S.A. 74-7001 et seq., and amendments thereto.
(b) The board, through rules and regulations, may require continuing education as a condition for license renewal or reinstatement and may exempt persons from such continuing education requirements.
(c) The board may adopt rules and regulations concerning cancelled, inactive and emeritus licensure status.
(d) The board shall adopt rules and regulations prescribing minimum standards for boundary surveys, mortgage title inspection, American land title association surveys and such other surveys as necessary to control the quality of surveying in the state of Kansas.
History:
L. 1976, ch. 334, § 13; L. 1976, ch. 337, § 4; L. 1978, ch. 326, § 7; L. 1995, ch. 104, § 1; L. 1997, ch. 128, § 4; L. 2009, ch. 94, § 3; L. 2014, ch. 88, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7016 Records of board; register; records as evidence.

74-7016.
Records of board; register; records as evidence.
(a) The board shall keep a record of its proceedings, and a register of all applications for license, which register shall show (1) the name and residence of each applicant; (2) the date of the application; (3) the place of business of such applicant; (4) the applicant's educational and other qualifications; (5) whether or not an examination was required; (6) the action of the board upon the application; (7) the date of the action of the board; and (8) such other information as may be deemed necessary by the board.
(b) The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
History:
L. 1978, ch. 326, § 8; L. 1992, ch. 240, § 9; January 1, 1993.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7017 Examination requirement.

74-7017.
Examination requirement.
No applicant seeking original license to practice any technical profession shall be entitled to such license without first meeting the requirement to take and pass an examination utilized by the board.
History:
L. 1978, ch. 326, § 9; L. 1992, ch. 240, § 10; January 1, 1993.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7018 Applications for license; fee; time.

74-7018.
Applications for license; fee; time.
Applications for licensure shall be submitted on forms prescribed by the board and shall contain information concerning the applicant's education and a detailed summary of the applicant's technical work, previous examinations, if any, and the results thereof and such other information and references as may be required by the board. All such applications shall be submitted to the executive director, together with the application fee prescribed under K.S.A. 74-7009, and amendments thereto, within a time period to be determined by the board.
History:
L. 1978, ch. 326, § 14; L. 1992, ch. 240, § 11; L. 2009, ch. 94, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7019 Architects; qualifications for licensure.

74-7019. Architects; qualifications for licensure.
Minimum qualifications of applicants seeking licensure as architects are the following:
(a) Graduation from a college or university program that is adequate in its preparation of students for the practice of architecture, as determined by the board in accordance with applicable rules and regulations;
(b) proof of architectural experience of a character satisfactory to the board, as defined by rules and regulations of the board; and
(c) the satisfactory passage of an examination utilized by the board.
History:
L. 1978, ch. 326, § 10; L. 1992, ch. 240, § 12; L. 2014, ch. 88, § 13; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7020 Landscape architects; qualifications for licensure.

74-7020.
Landscape architects; qualifications for licensure.
Minimum qualifications of applicants seeking licensure as landscape architects are the following:
(a) (1) Graduation from a four-year college or university program that is adequate in its preparation of students for the practice of landscape architecture and a minimum of four years of experience in landscape architectural work of a character satisfactory to the board, as defined by rules and regulations of the board; or
(2) graduation from a five-year college or university program that is adequate in its preparation of students for the practice of landscape architecture and a minimum of three years of experience in landscape architectural work of a character satisfactory to the board, as defined by rules and regulations of the board; and
(b) the satisfactory passage of an examination utilized by the board.
History:
L. 1978, ch. 326, § 11; L. 1992, ch. 240, § 13; January 1, 1993.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7021 Professional engineers; qualifications for licensure; intern engineer certificate.

74-7021. Professional engineers; qualifications for licensure; intern engineer certificate.
(a) Minimum qualifications of applicants seeking licensure as professional engineers are the following:
(1) Graduation from a college or university program that is adequate in its preparation of students for the practice of engineering, as determined by the board in accordance with applicable rules and regulations;
(2) the satisfactory passage of an examination in the fundamentals of engineering as utilized by the board;
(3) proof of four years of engineering experience of a character satisfactory to the board, as defined by rules and regulations of the board; and
(4) the satisfactory passage of an examination in professional practice as utilized by the board.
(b) The board may issue an intern engineer certificate to a person who meets the education and examination qualifications prescribed by the board.
History:
L. 1978, ch. 326, § 12; L. 1992, ch. 240, § 14; L. 2009, ch. 94, § 5; L. 2014, ch. 88, § 14; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7022 Professional surveyors; qualifications for licensure; intern land surveyor certificate.

74-7022. Professional surveyors; qualifications for licensure; intern land surveyor certificate.
(a) Minimum qualifications of applicants seeking licensure as professional surveyors are the following:
(1) Proof of surveying experience and education in accordance with rules and regulations of the board; and
(2) the satisfactory passage of examinations utilized by the board.
(b) The board may issue an intern surveyor certificate to a person who meets the education, experience and examination qualifications prescribed by the board.
History:
L. 1978, ch. 326, § 13; L. 1986, ch. 303, § 2; L. 1988, ch. 307, § 2; L. 1992, ch. 240, § 15; L. 2009, ch. 94, § 6; L. 2014, ch. 88, § 15; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7023 Examinations, time, place, scope, method of procedure; license, issuance, contents, evidence; seal, purchase and use, conditions.

74-7023. Examinations, time, place, scope, method of procedure; license, issuance, contents, evidence; seal, purchase and use, conditions.
(a) All examinations required by K.S.A. 74-7001 et seq., and amendments thereto, shall be held at such time and place as the board determines. The scope of the examinations, methods of procedure and eligibility to take examinations, including reexaminations, shall be prescribed by the board.
(b) The board, after receiving satisfactory evidence of the qualifications of an applicant and after satisfactory examination of the applicant, shall issue a license authorizing the applicant to practice the technical profession for which the applicant is qualified and to use the title appropriate to such technical profession.
(c) Each license shall show the full name of the licensee, shall have a serial number and shall be signed by the chairperson and the secretary of the board under seal of the board. The issuance of a license by the board shall be prima facie evidence that the person named on the license is legally licensed and is entitled to all the rights and privileges of a licensed practitioner of the technical profession for which the licensee is licensed while the license remains unrevoked and unexpired.
(d) Each licensee shall obtain a seal of a distinctive design authorized by the board, bearing the licensee's name and number and a uniform inscription formulated by the board. Documents signed by the licensee in the licensee's professional capacity shall be stamped with the seal during the duration of the license, but it shall be unlawful for anyone to stamp any document with the seal after the license has expired or has been revoked, unless the license has been renewed or reissued. No person shall tamper with or revise the seal without express written approval by the board.
History:
L. 1978, ch. 326, § 15; L. 1992, ch. 240, § 16; L. 2009, ch. 94, § 7; L. 2014, ch. 88, § 17; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7024 Exemptions from examination for licensure; reciprocity; certain license or certificate holders; fees; conditions.

74-7024. Exemptions from examination for licensure; reciprocity; certain license or certificate holders; fees; conditions.
Any person who holds a current license to practice any branch of the technical professions issued by the proper authority in any other state or political subdivision of the United States may be exempted from examination for licensure in this state if the requirements under which such license was issued are of a standard accepted by the board and if the person's record fully meets the requirements of this state in all respects other than examination. Upon determination that the person meets the requirements of this section and all other requirements for licensure under K.S.A. 74-7001 et seq., and amendments thereto, the board may issue, upon application therefor and receipt of payment of the application fee prescribed under K.S.A. 74-7009, and amendments thereto, a license to practice the appropriate technical profession.
History:
L. 1978, ch. 326, § 16; L. 1997, ch. 158, § 13; L. 2014, ch. 88, § 18; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7026 Discipline of licensees or holders of certificates of authorization; suspension or revocation of licenses or certificates of authorization; grounds; reinstatement of license or certificate of authorization, fees.

74-7026. Discipline of licensees or holders of certificates of authorization; suspension or revocation of licenses or certificates of authorization; grounds; reinstatement of license or certificate of authorization, fees.
(a) The board shall have the power to limit, condition, reprimand or otherwise discipline, suspend or revoke the license of any person who has engaged in any of the following conduct:
(1) The practice of any fraud or deceit in obtaining a license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto;
(2) any gross negligence, incompetency, misconduct or wanton disregard for the rights of others in the practice of any technical profession;
(3) a conviction of a felony as set forth in the criminal statutes of the state of Kansas, of any other state or of the United States;
(4) violation of any rules of professional conduct adopted and promulgated by the board or violation of rules and regulations adopted by the board for the purpose of carrying out the provisions of K.S.A. 74-7001 et seq., and amendments thereto; or
(5) affixing or permitting to be affixed such licensee's seal or name to any documents which were not prepared by such licensee or prepared under the responsible charge of such licensee.
(b) The board shall have the power to limit, condition, reprimand or otherwise discipline, suspend or revoke the certificate of authorization of any business entity which has engaged in any conduct which would authorize the board to limit, condition, reprimand or otherwise discipline, suspend or revoke the license of a person under this section.
(c) The board, for reasons it may deem sufficient, may reissue a license or certificate of authorization that has been revoked and may remove the suspension of the license or certificate of authorization, provided, seven or more members of the board vote in favor of such reissuance or removal of suspension. A new license or certificate of authorization, to replace any revoked or suspended license or certificate of authorization, may be issued, subject to rules and regulations of the board, and a charge of $100 shall be made for the issuance of such license or $150 for the issuance of a certificate of authorization.
(d) Any action of the board pursuant to this section shall be subject to the provisions of the Kansas administrative procedure act.
History:
L. 1978, ch. 326, § 18; L. 1980, ch. 244, § 6; L. 1984, ch. 313, § 139; L. 1992, ch. 240, § 18; L. 1995, ch. 104, § 6; L. 2009, ch. 94, § 9; L. 2014, ch. 88, § 20; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7027 Authority of board at hearings; witnesses, compulsory attendance.

74-7027.
Authority of board at hearings; witnesses, compulsory attendance.
In performing its powers, duties and functions under the provisions of this act, the board shall have authority to issue an order under its seal compelling the attendance and testimony of witnesses or compelling the production of books, papers, records, documents or other evidence at any hearing before the board involving the revocation or suspension of license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto, or practicing or offering to practice without a license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto. All such hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1978, ch. 326, § 19; L. 1980, ch. 244, § 7; L. 1984, ch. 313, § 140; July 1, 1985.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7028 Notice of denial, suspension or revocation of license or certificate of authorization; appeals.

74-7028.
Notice of denial, suspension or revocation of license or certificate of authorization; appeals.
Notice of the action of the board in denying, suspending or revoking a license or certificate of authorization issued under K.S.A. 74-7036, and amendments thereto, shall be given in accordance with the provisions of the Kansas administrative procedure act. Any person aggrieved by any decision of the board may appeal such action in accordance with the provisions of the Kansas judicial review act.
History:
L. 1978, ch. 326, § 20; L. 1980, ch. 244, § 8; L. 1984, ch. 313, § 141; L. 2010, ch. 17, § 188; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7030 Civil enforcement of act.

74-7030.
Civil enforcement of act.
Whenever in the judgment of the board any person has engaged in, or is about to engage in, any acts or practices which constitute, or will constitute, a violation of this act, or any rules and regulations of the board, the board may make application to the district court, without giving bond, for civil enforcement of the act or rules and regulations in accordance with the Kansas judicial review act.
History:
L. 1978, ch. 326, § 22; L. 1984, ch. 313, § 142; L. 2010, ch. 17, § 189; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7031 Architecture; exemptions from requirements for licensure or certification; definitions.

74-7031. Architecture; exemptions from requirements for licensure or certification; definitions.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of architecture shall not be construed to prevent or to affect:
(a) The practice of any person engaging in the publication of books or pamphlets illustrating architectural designs.
(b) Persons preparing plans, drawings or specifications for buildings housing no more than two dwelling units in one contiguous structure or for agricultural buildings.
(c) Persons furnishing, individually or with subcontractors, labor and materials, with or without plans, drawings, specifications, instruments of service, or other data concerning the labor and materials to be used for any of the following, provided, compliance with the most recent edition of the international building code adopted by the international code conference and rules and regulations adopted by the state fire marshal, is not required:
(1) Store fronts or facades, interior alterations or additions, fixtures, cabinet work, furniture, appliances or other equipment;
(2) work necessary to provide for installation of any item designated in subsection (c)(1);
(3) alterations or additions to a building necessary to, or attendant upon, installation of any item designated in subsection (c)(1), if the alteration or addition does not change or affect:
(A) The structural system of the building, which structural system includes, but is not limited to, foundations, walls, floors, roofs, footings, bearing partitions, beams, columns or joists and does not exceed the structural capacity of the system;
(B) the required exit capacities or exiting travel distances; or
(C) the required fire ratings of assemblies, fire separation walls or fire ratings required by building type.
(d) Work involving matters of rates, rating and loss prevention by employees of insurance rating organizations and insurance service organizations and insurance companies and agencies.
(e) The performance of services by a licensed landscape architect or business entity issued a certificate of authorization to provide services in landscape architecture under K.S.A. 74-7036, and amendments thereto, in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
History:
L. 1978, ch. 326, § 23; L. 1980, ch. 244, § 10; L. 1992, ch. 240, § 20; L. 2009, ch. 94, § 11; L. 2014, ch. 88, § 22; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7032 Landscape architecture; exemptions from requirements for licensure or certification.

74-7032. Landscape architecture; exemptions from requirements for licensure or certification.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of landscape architecture shall not be construed to prevent or to affect:
(a) The right of any individual to engage in the occupation of growing and marketing nursery stock, to use the title nurseryman, landscape nurseryman or gardener, or to prohibit any individual to plan or plant such individual's own property.
(b) The right of nurserymen to engage in preparing and executing planting plans.
(c) The practice of site development planning, in accordance with the practice of architecture.
(d) The performance of those services described in subsection (k)(1) of K.S.A. 74-7003, and amendments thereto, by a licensed professional engineer, except that no licensed professional engineer shall perform the following services: (1) Planting plans; or (2) the determination of proper land use as it pertains to natural features; ground cover, use, nomenclature and arrangement of plant material adapted to soils and climate.
History:
L. 1978, ch. 326, § 24; L. 1980, ch. 244, § 11; L. 1992, ch. 240, § 21; L. 2014, ch. 88, § 23; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7033 Engineering; exemptions from requirements for licensure or certification.

74-7033. Engineering; exemptions from requirements for licensure or certification.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of engineering shall not be construed to prevent or to affect:
(a) Except as provided by subsection (b), the design or erection of any structure or work by a person who owns the structure or work, upon such person's own premises for such person's own use if the structure or work is not to be used for human habitation, is not to serve as a place of employment, and is not to be open to the public for any purpose whatsoever.
(b) Persons designing or erecting or preparing plans, drawings or specifications for buildings housing no more than two dwelling units in one contiguous structure or for agricultural buildings.
(c) Persons engaged in planning, drafting and designing of products manufactured for resale to the public.
(d) The performance of services by a licensed landscape architect in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
History:
L. 1978, ch. 326, § 25; L. 1980, ch. 244, § 12; L. 1992, ch. 240, § 22; L. 1999, ch. 135, § 1; L. 2014, ch. 88, § 24; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7034 Land surveying; exemptions from requirements for licensure or certification.

74-7034. Land surveying; exemptions from requirements for licensure or certification.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of surveying shall not be construed to prevent or to affect:
(a) Those surveying activities, which include locating or laying out of alignments, positions or elevations where such work is part of the construction of engineering or architectural works, when such activities are for purposes other than the conveyance of an interest in real property.
(b) The practice of surveying by an individual of such individual's own real property or that of such individual's employer for purposes other than the conveyance of an interest in such real property.
(c) The surveying on farms for agricultural purposes other than the conveyance of an interest in such farm property.
(d) The performance of services by a licensed landscape architect or by a business entity issued a certificate of authorization to provide services in landscape architecture under K.S.A. 74-7036, and amendments thereto, in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
(e) Mapping by governmental agencies when such activity does not involve the locating, relocating, or physical establishment of land boundaries and related monuments or the preparation of original or field retracement of existing descriptions of real property.
History:
L. 1978, ch. 326, § 26; L. 1980, ch. 244, § 13; L. 1986, ch. 303, § 1; L. 1992, ch. 240, § 23; L. 2009, ch. 94, § 12; L. 2014, ch. 88, § 25; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7035 Act not applicable to certain practices and persons.

74-7035. Act not applicable to certain practices and persons.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, shall not apply to:
(a) The work of an employee, consultant or a subordinate of a person holding a license under K.S.A. 74-7001 et seq., and amendments thereto, if such work does not include final designs or decisions, responsible charge of design and is done under the direct responsibility and supervision of a person practicing lawfully a technical profession;
(b) the work of any person who is exclusively and regularly employed by a single employer, provided, such employer is not an engineering, architectural, surveying, landscape architectural or geology firm, and is not primarily engaged in the business of conveying an interest in real property, and also provided, such work is performed under an employer-employee relationship, and making surveys of land and determinations of physical property rights is performed solely in connection with the affairs of such employer or its subsidiaries and affiliates and solely for the uses, purposes and benefit of such employer, subsidiaries and affiliates;
(c) a plumbing contractor, master plumber or journeyman plumber licensed under the provisions of K.S.A. 12-1508 et seq., and amendments thereto, while performing the work such plumber is authorized to perform pursuant to such license; or
(d) an electrical contractor, master electrician, journeyman electrician or residential electrician licensed under the provisions of K.S.A. 12-1525 et seq., and amendments thereto, while performing the work such electrician is authorized to perform pursuant to such license.
(e) For purposes of this act, public officers and employees who, within the scope of their employment and in the discharge of their public duties, provide information pertinent to or review the sufficiency of technical submissions, or who inspect property or buildings for compliance with requirements safeguarding life, health or property, are not engaged in the practice of the technical professions.
History:
L. 1978, ch. 326, § 27; L. 1992, ch. 240, § 24; L. 1997, ch. 158, § 14; L. 1999, ch. 135, § 2; L. 2014, ch. 88, § 27; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7038 Technical submissions; limitation on acceptance or approval by public officials; building permits, invalidity; immunity from liability.

74-7038. Technical submissions; limitation on acceptance or approval by public officials; building permits, invalidity; immunity from liability.
A public official charged with the enforcement of any state, county or municipal building code shall not accept or approve any technical submissions involving the practice of the technical professions unless the technical submissions have been stamped with the technical professional's seal, signed and dated as required by K.S.A. 74-7001 et seq., and amendments thereto, or unless the applicant has certified on the technical submission to the applicability of a specific exception provided for in K.S.A. 74-7035, and amendments thereto, permitting the preparation of the technical submissions by a person not licensed under K.S.A. 74-7001 et seq., and amendments thereto. A building permit issued with respect to technical submissions which does not conform to the requirements of K.S.A. 74-7001 et seq., and amendments thereto, is invalid. The acceptance or approval of technical submissions or the issuance of a building permit by a public official engaged in building inspection responsibilities, contrary to the provisions of K.S.A. 74-7001 et seq., and amendments thereto, shall not create liability upon the public official or the official's governmental agency.
History:
L. 1992, ch. 240, § 26; L. 2014, ch. 88, § 29; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7039 Civil penalties for violations; notice and hearing; fines, costs, attorney fees, disposition; determination of amount, factors.

74-7039. Civil penalties for violations; notice and hearing; fines, costs, attorney fees, disposition; determination of amount, factors.
(a) The board, in addition to any other penalty prescribed under K.S.A. 74-7001 et seq., and amendments thereto, may assess civil fines after proper notice and an opportunity to be heard, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board 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 civil 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.
(b) The board may also assess costs, including attorney fees, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in addition to any fine imposed. All costs assessed 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 technical professions fee fund.
(c) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others:
(1) Willfulness of the violation;
(2) repetitions of the violation; and
(3) magnitude of the risk of harm to the health, safety, property and welfare of the public caused by the violation.
History:
L. 1992, ch. 240, § 27; L. 2001, ch. 5, § 335; L. 2014, ch. 88, § 30; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7040 Rights and privileges of licensees saved.

74-7040. Rights and privileges of licensees saved.
Any person licensed to practice the technical professions in the state of Kansas at the time this act takes effect shall thereafter continue to possess the same rights and privileges with respect to the practice of the technical profession for which such person is licensed, in accordance with the current definition of the practice of such technical profession, without being required to obtain a new license under the provisions of this act, subject to the power of the board as provided in this act to suspend or revoke the license of any such person for any of the causes set forth in K.S.A. 74-7026, and amendments thereto, and subject to the power of the board to require any such person to renew such license as provided in K.S.A. 74-7025, and amendments thereto.
History:
L. 1992, ch. 240, § 28; L. 2014, ch. 88, § 31; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7041a Professional geologists, minimum qualifications; licensure; intern geologists.

74-7041a. Professional geologists, minimum qualifications; licensure; intern geologists.
(a) Minimum qualifications of applicants seeking licensure as professional geologists are the following:
(1) Graduation from a course of study in geology, or from a program which is of four or more years' duration and which includes at least 30 semester or 45 quarter hours of credit with a major in geology or a geology specialty, that is adequate in its preparation of students for the practice of geology;
(2) proof of at least four years of experience in geology of a character satisfactory to the board, as defined by rules and regulations of the board; and
(3) the satisfactory passage of such examinations in the fundamentals of geology and in geologic practice as utilized by the board.
(b) The board may issue an intern geologist certificate to a person who meets the education and examination qualifications prescribed by the board.
History:
L. 2014, ch. 88, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7042a Geology; exemptions from requirements for licensure or certification.

74-7042a. Geology; exemptions from requirements for licensure or certification.
The provisions of K.S.A. 74-7001 et seq., and amendments thereto, requiring licensure or the issuance of a certificate of authorization under K.S.A. 74-7036, and amendments thereto, to engage in the practice of geology shall not be construed to prevent or to affect:
(a) The practice of geology by any person before July 1, 2000.
(b) The practice of geology which is exclusively in the exploration for and development of energy resources and economic minerals, and which does not affect the health, safety, property and welfare of the public, as determined by the board.
(c) The acquisition of engineering data, geologic data for engineering purposes and the utilization of such data by licensed professional engineers.
(d) The performance of work customarily performed by graduate physical or natural scientists.
(e) The teaching of geology in a college or university offering an approved geology curriculum.
History:
L. 2014, ch. 88, § 26; July 1.