reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-3 - Lack of information; inability to comply

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A notice of
			 violation, cessation order, show cause order, or order revoking or suspending a
			 permit shall not be vacated because it is subsequently determined that the
			 secretary did not have information sufficient to justify an inspection.
(b) A notice of violation or
			 cessation order shall not be vacated because of inability to comply.
(c) Inability to comply shall not be
			 considered in determining whether or not a pattern of violation exists.
(d) Unless caused by lack of
			 diligence, inability to comply may be considered only in mitigation of the
			 amount of the civil penalty and the duration of the suspension of a permit.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-4 - Injunctive relief

Current through Register Vol. 43, No. 28, July 11,
			 2024
The attorney general may be requested by the secretary to
				institute any civil action for relief, including a permanent or temporary
				injunction, and a restraining order or any other order, whenever, in violation
				of the state act, these regulations, or any condition of an exploration
				approval or permit, anyone does the following:
(a) violates, fails to comply with, or
			 refuses to comply with any order or decision of the secretary or secretary's
			 designee;
(b) interferes with,
			 hinders, or delays the secretary or secretary's designee in carrying out
			 provisions of the state act or these regulations; or
(c) refuses to perform the following:
(1) admit the secretary or secretary's
			 designee to a mine;
(2) permit
			 inspection of a mine by the secretary or secretary's designee;
(3) furnish any required information or
			 report;
(4) permit access to or
			 copying of any required records; or
(5) permit inspection of monitoring
			 equipment.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-7 - State inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Inspection of
			 surface coal mining and reclamation operations shall be conducted by the
			 secretary or secretary's designee as necessary to determine whether or not the
			 permittee has complied with any notice of violation or cessation order issued
			 during an inspection authorized under this regulation.
(b) A state inspection shall be conducted
			 immediately by the secretary or secretary's designee to enforce any requirement
			 of the state act, these regulations, the regulatory program, or any condition
			 of a permit or an exploration approval.
(c) Appropriate action to have the violation
			 abated shall be taken by the secretary or secretary's designee when, on the
			 basis of information available to the department other than information
			 resulting from a previous state inspection, the secretary or secretary's
			 designee has reason to believe that either of the following has occurred:
(1) the permittee has violated the state act,
			 these regulations, the regulatory program, or any condition of a permit or an
			 exploration approval; or
(2) any
			 condition, practice, or violation creates an imminent danger to the health or
			 safety of the public or is causing or can reasonably be expected to cause a
			 significant, imminent environmental harm to land, air, or water resources.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-8 - Citizen's requests for state inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person may
			 request a state inspection under K.A.R. 47-15-7(b) by furnishing the secretary
			 or secretary's designee with a signed, written statement or an oral report
			 followed by a signed, written statement. The statement shall include the
			 following:
(1) the reasons that the person
			 believes a violation, condition, or practice referred to in K.A.R. 47-15-7(b)
			 exists; and
(2) a phone number and
			 address at which the person can be contacted.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-15 - Service of notices of violations and cessation orders

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Promptly after
			 issuance, each notice of violation or cessation order shall be served on the
			 person to whom it is directed or to that person's designated agent, as follows:
(1)
(A) A
			 copy of each notice of violation or cessation order may be tendered, at the
			 coal exploration or surface coal mining and reclamation operation, to the
			 designated agent or to the individual who, based upon reasonable inquiry by the
			 authorized representative, appears to be in charge of the coal exploration or
			 surface coal mining and reclamation operation referred to in the notice or
			 order.
(B) If no one in charge can
			 be found, the copy may be tendered to any individual at the site who appears to
			 be an employee or agent of the person to whom the notice or order is issued.
(C) Service shall be complete upon
			 tender of the notice or order and shall not be deemed incomplete because of
			 refusal to accept.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 15 - INSPECTIONS AND ENFORCEMENT › Section 47-15-17 - Maintenance of permit areas

Current through Register Vol. 43, No. 28, July 11,
			 2024
The permittee shall be required by the secretary or the
				secretary's designee to cut vegetative growth, if necessary to facilitate
				inspection of each permit area in order to insure compliance with the state act
				and regulations.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-1 - Eligible lands and water

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Coal mined
			 lands and associated waters shall be eligible for reclamation activities if
			 these conditions are met:
(1) they were mined
			 or affected by mining processes;
(2) they were mined before August 3, 1977,
			 and were left or abandoned in an unreclaimed or inadequately reclaimed
			 condition; and
(3) there is no
			 continuing responsibility for reclamation by the operator, permittee, or agent
			 of the permittee under statutes of the state or federal government or a result
			 of bond forfeiture. Bond forfeiture shall render lands or water ineligible only
			 if the amount forfeited is sufficient to pay the total cost of the necessary
			 reclamation.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-2 - Reclamation project evaluation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Proposed reclamation projects and completed reclamation work
				shall be evaluated using the factors stated in this section to determine
				whether or not proposed reclamation will be undertaken and to assign priorities
				to proposals intended to meet the objectives of
				K.S.A.
				49-428. Completed reclamation shall be
				evaluated using the following factors to identify conditions that should be
				avoided, corrected, or improved in plans for future reclamation work:
(a) the need for reclamation work to
			 accomplish one or more specific objectives stated in
			 K.S.A.
			 49-428;
(b) the availability of technology to
			 accomplish the reclamation work with reasonable assurance of success. In the
			 case of research and demonstration projects, the research capability and plans
			 shall provide reasonable assurance of beneficial results without residual
			 adverse impacts;
(c) the specific
			 benefits of the reclamation work for the area including the following:
(1) protection of human life, health, or
			 safety;
(2) protection of the
			 environment, including air and water quality, fish and wildlife, plant habitat,
			 visual beauty, historic, cultural or recreation resources, and abatement of
			 erosion sedimentation;
(3)
			 protection of public or private property;
(4) improvement of environmental conditions
			 that may be considered to generally enhance the quality of human life;
(5) improvement of natural
			 resource use, including:
(A) increasing
			 productivity capability of the land;
(B) enhancing the use of surrounding lands
			 consistent with existing land use plans;
(C) providing for construction or enhancement
			 of public facilities; and
(D)
			 providing for residential, commercial, or industrial developments consistent
			 with the needs and plans of the community in which the site is located; and
(6) technologies that
			 can be used to reclaim areas disturbed by mining;
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-3 - Consent to entry

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All reasonable
			 actions that are necessary to obtain prior written consent from the owner of
			 record of the land or property to be entered shall be taken by the secretary or
			 secretary's designee.
(b) The
			 consent shall consist of a signed statement by the owner or the owner's
			 authorized agent that shall include the following:
(1) a legal description of the land to be
			 entered;
(2) the nature of work to
			 be performed on the lands; and
(3)
			 any special conditions for entry.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-4 - Entry for study or exploration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any property
			 may be entered by the secretary or secretary's designee for the purpose of
			 conducting studies or exploratory work to determine the following:
(1) the existence of adverse effects of past
			 coal mining practices; and
(2) the
			 feasibility of restoration, reclamation, abatement, control, or prevention of
			 adverse effects.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-5 - Entry and consent to reclaim

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Notice shall be
			 given of the secretary's intent to enter for purposes of conducting reclamation
			 at least 30 days before entry upon the property. The notice shall be in writing
			 and shall be mailed, return receipt requested, to the owner, if known, with a
			 copy of the findings required by
			 K.S.A.
			 49-432. If the owner is not known, or if the
			 current mailing address of the owner is not known, notice shall be posted in
			 one or more places on the property to be entered where it is readily visible to
			 the public. In addition, the notice shall be published once in a newspaper of
			 general circulation in the locality in which the land is located. The notice
			 shall include a statement of where the findings required by
			 K.S.A.
			 49-432 may be inspected or obtained.
(b) Any land where an emergency
			 exists and on any other land necessary to gain access to the land where an
			 emergency exists may be entered by the secretary to restore, reclaim, abate,
			 control, or prevent the adverse effects of past coal mining practices and to do
			 all things necessary to protect the public health, safety, or general welfare.
(1) Before entry a written finding shall be
			 made by the secretary with reasons supporting the following conclusions:
(A) an emergency exists constituting a danger
			 to the public health, safety, or general welfare; and
(B) no other person or agency will act
			 expeditiously to restore, reclaim, abate, control, or prevent the adverse
			 effects of coal mining practices.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-6 - Liens

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A lien may be
			 placed by the secretary on land reclaimed if the reclamation results in a
			 significant increase in the fair market value based on the pre- and
			 post-reclamation appraisals, except that the lien may be waived by the
			 secretary or the secretary's desig-nee if at least one of the following
			 conditions is met:
(1) The lien amount would
			 be less than the cost of filing the lien.
(2) The reclamation work primarily improves
			 the health, safety, or condition of the environment of the community or area
			 affected.
(3) The reclamation is
			 necessitated by an unforeseen occurrence, and the work performed to restore the
			 land will not significantly increase the market value of the land as it existed
			 immediately before the occurrence.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-7 - Appraisals

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) In order for a
			 lien to be filed under K.A.R. 47-16-6, the following procedures shall be
			 followed.
(a) A notarized
			 appraisal of the fair market value of the land shall be obtained from an
			 independent, professional appraiser before any reclamation activities are
			 started.
(b) A second, notarized
			 appraisal of the fair market value of the land shall be obtained after all
			 reclamation activities have been completed.
(c) The landowner shall receive a statement
			 of any increase in market value, an itemized statement of reclamation expenses,
			 and a notice that a lien will be filed against the property.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-8 - Satisfaction of liens

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A lien shall be
			 satisfied to the extent of the value of the consideration received, at the time
			 of transfer of ownership. Any unsatisfied portion shall remain as a lien on the
			 property and shall be satisfied in accordance with this subsection.
(b) Liens shall be maintained or renewed by
			 the secretary from time to time as may be required.
(c) Monies derived from the satisfaction of
			 liens established under this subsection shall be deposited in the state
			 abandoned mined-land fund.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-9 - Contractor responsibility

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Each successful bidder for an abandoned mined-land reclamation project contract
			 shall be eligible under
			 30 C.F.R.
			 773.12(a), as adopted by
			 reference in
			 K.A.R.
			 47-3-42(a)(8), at the time
			 of contract award to receive a permit or conditional permit to conduct surface
			 coal mining operations.
(b) Before
			 any contract may be awarded to a bidder, that bidder's eligibility shall be
			 confirmed by the office of surface mining's automated applicant violator
			 system.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-10 - Exclusion of certain noncoal reclamation sites

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Money from the abandoned mined-land fund
			 shall not be used for either of the following:
(1) The reclamation of sites and areas
			 designated for remedial action pursuant to the uranium mill tailings radiation
			 control act of 1978,
			 42 U.S.C.
			 7901 et seq. as amended; or
(2) sites listed for remedial action pursuant
			 to the comprehensive environmental response compensation and liability act of
			 1980,
			 42
			 U.S.C. 9601 et seq. as
			 amended.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-11 - Reports

Current through Register Vol. 43, No. 28, July 11,
			 2024
For each grant, cooperative agreement, or both, any reports
				required by the office of surface mining reclamation and enforcement shall be
				submitted by the department either semiannually or annually, according to OSM
				requirements, to the office of surface mining reclamation and enforcement.
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-12 - Surface mining section's procedures for reclamation projects receiving less than 50 percent government funding

Current through Register Vol. 43,
			 No. 28, July 11, 2024
30
				C.F.R. 874.17, as in effect on July 1, 2012,
				is adopted by reference, except that the following terms shall be replaced with
				the terms specified:
(a) "Title V" and
			 "Title V of SMCRA" shall be replaced by "K.S.A. 49-401 et
			 seq."
(b) "Part 707 of this
			 chapter" and "the part 707 exemption or counterpart State/Indian Tribe laws and
			 regulations" shall be replaced by "
			 K.A.R.
			 47-6-9."
(c) "30 CFR subchapter R" shall be replaced
			 by "Article 12 of these regulations."
Kansas Administrative Regulations › Agency 47 - MINED-LAND CONSERVATION AND RECLAMATION (KDHE) › Article 16 - RECLAMATION › Section 47-16-13 - Reclamation of non-coal-mined lands and associated waters

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Non-coal-mined lands and associated
			 waters shall be eligible for reclamation if all of the following conditions are
			 met:
(1) The lands and waters were mined or
			 affected by mining processes.
(2)
			 The lands and waters were left or abandoned in an unreclaimed or inadequately
			 reclaimed condition before August 3, 1977.
(3) There is no ongoing responsibility for
			 reclamation by the operator, permittee, or agent of the permittee under state
			 or federal statutes or by the state as a result of bond forfeiture. Bond
			 forfeiture shall render the lands and waters ineligible if the amount forfeited
			 is sufficient to pay the total cost of necessary reclamation. If the forfeited
			 bond is insufficient to pay the total cost of reclamation, moneys sufficient to
			 complete the reclamation may be used from the abandoned mined-land
			 fund.
(4) The reclamation has been
			 requested by the governor.
(5) The
			 reclamation is necessary to protect public health, safety, general welfare, and
			 property from extreme danger of adverse effects of non-coal-mining
			 practices.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 1 - APPELLATE PROCEDURE › Section 48-1-1 - Filing of appeal

Current through Register Vol. 43, No. 28, July 11, 2024
Each party appealing from a decision of an
				examiner or referee shall file with any representative of the division of
				employment a written notice of appeal stating the reasons for the appeal.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 1 - APPELLATE PROCEDURE › Section 48-1-2 - Notice of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
Upon the scheduling of a hearing on an appeal,
				notice of hearing on a form approved by the board of review and titled notice
				of hearing shall be mailed by the office of appeals to the last known address
				of the claimant, employer, and other interested parties, at least five days
				before the date of hearing. The notice shall specify the time and place of the
				hearing, issues to be decided, and an indication of whether the hearing will be
				by telephone or in person.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 1 - APPELLATE PROCEDURE › Section 48-1-3 - Disqualification of referees

Current through Register Vol. 43, No. 28, July 11, 2024
No referee shall participate in the hearing of
				an appeal in which the referee has an interest. All challenges to the interest
				of any referee shall be made to the referee on or before the date set for the
				hearing unless good cause is shown for later challenges. Each challenge to the
				interest of a referee shall be heard and decided immediately by the referee or,
				at the referee's discretion, referred to the board of review. If the challenge
				is not heard immediately or is referred to the board of review, the hearing of
				the appeal shall be continued until the disposition of the challenge. The
				referee shall cause all parties to be notified of the new date set for the
				hearing by mailing a notice to the last known address of all parties to the
				appeal at least five days before the date set for the hearing.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 1 - APPELLATE PROCEDURE › Section 48-1-4 - Conduct of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each hearing shall be conducted
				informally and in such a manner as to ascertain all of the facts and the full
				rights of the parties.
(2) The referee shall receive evidence logically tending to
				prove or disprove a given fact in issue, including hearsay evidence and
				irrespective of common law rules of evidence. Hearsay evidence shall be
				admissible but carries less weight than direct evidence and shall not be
				persuasive if the other party contests its admissibility. Each party submitting
				its evidence shall explain its relevance to the issue in question before the
				referee admits the evidence into the record. The claimant and any other party
				to an appeal before a referee shall present pertinent evidence regarding the
				issues involved.
(3) Uncorroborated hearsay evidence shall not solely support a
				finding of fact or decision.
(4) If any evidence is unnecessarily cumulative in effect or
				evidence neither proves nor disproves relevant facts in issue, the referee
				shall, on objection of appellant, claimant, or interested party or on that
				individual's own motion, exclude or prohibit any of this evidence from being
				received.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 1 - APPELLATE PROCEDURE › Section 48-1-5 - Continuance of hearings; withdrawal of appeal

Current through Register Vol. 43, No. 28, July 11, 2024
The referee may continue any hearing upon the
				referee's own motion or upon written application of any party to the appeal
				submitted to the referee no later than 1:00 p.m. on the business day before the
				hearing. If a party believes that the party needs additional time beyond what
				is scheduled for the hearing, the party shall notify the referee of the need
				for allocating additional time for the hearing no later than 1:00 p.m. on the
				business day before the hearing. The referee shall exercise discretion whether
				to grant a party's request for a longer hearing than originally scheduled.
(a) Failure to appear. If the appellant or any other party
				fails to appear at any hearing, the referee shall make a decision based on the
				record at hand. If the nonappearing party within 10 days following the mailing
				of the decision petitions the referee for a hearing and shows good cause for
				the nonappearance, the referee shall set aside the decision and reschedule the
				matter for hearing.
(b) Notice of continuance. The referee shall cause notices to
				be mailed to the last known address of all interested parties to the appeal
				wherever there is a continuance.
(c) Withdrawal of appeal. An appellant, with the consent of the
				referee, may withdraw an appeal in writing or under oath at the hearing.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 1 - APPELLATE PROCEDURE › Section 48-1-6 - Determination of appeal

Current through Register Vol. 43, No. 28, July 11, 2024
After the hearing of an appeal, the referee
				shall, within a reasonable time, announce findings of fact and the decision
				with respect to the appeal. The decision shall be in writing and shall be
				signed by the referee. The referee shall set forth findings of fact with
				respect to the matters of appeal, the decision, and the reasons for the
				decision.
(a) Copies of all decisions shall be mailed by the referee to
				the last known address of the claimant, employer, and all other interested
				parties to the appeal.
(b) All decisions shall contain the appeal rights of the
				parties.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 2 - BOARD: ORGANIZATION AND PROCEDURE › Section 48-2-1 - Creation and organization

Current through Register Vol. 43, No. 28, July 11, 2024
Election of officers. The board of review
				shall annually in July elect one of its members chairperson. A vice chairperson
				and the officers shall serve for one (1) year and until a successor is elected.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 2 - BOARD: ORGANIZATION AND PROCEDURE › Section 48-2-2 - Filing of appeal to the board of review

Current through Register Vol. 43, No. 28, July 11, 2024
Each party appealing from a decision of a
				referee shall file with any representative of the division of employment a
				written notice of appeal within the period the law allows, stating the reasons
				for the appeal. Copies of the notice of appeal shall be mailed by the division
				of employment to the last known address of all parties interested in the
				decision of the referee that is being appealed.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 2 - BOARD: ORGANIZATION AND PROCEDURE › Section 48-2-3 - Hearing of appeals

Current through Register Vol. 43, No. 28, July 11, 2024
The board of review shall accept appeals that
				have an appealable issue, from any referee decision that has been timely filed.
				The board's decision on the merits shall be based upon the evidence and the
				record made before the referee and any additional evidence that the board
				directs to be taken.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 2 - BOARD: ORGANIZATION AND PROCEDURE › Section 48-2-4 - Additional evidence

Current through Register Vol. 43, No. 28, July 11, 2024
The board of review shall, at its discretion,
				remand any claim or any issue involved in a claim to a referee or special
				hearing officer for the taking of any additional evidence as that the board of
				review deems necessary. The evidence shall be taken before the referee or
				special hearing officer in the manner prescribed for hearings before the
				referee.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 2 - BOARD: ORGANIZATION AND PROCEDURE › Section 48-2-5 - Decision of the board of review

Current through Register Vol. 43, No. 28, July 11, 2024
The board of review shall within a reasonable
				time announce its findings of fact and decision with respect to each appeal.
				The decision shall be in writing and signed by those members who concur with
				the decision. If the decision is not unanimous, the decision of the majority
				shall control. The minority opinion, including any written dissent, shall be
				made a part of the record. Copies of all decisions of the board of review shall
				be mailed to the last known address of the parties to the appeal. All decisions
				shall inform the parties of their appeal rights.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 3 - APPEALS › Section 48-3-1 - Witnesses

Current through Register Vol. 43, No. 28, July 11, 2024
Each witness
				subpoenaed for any hearing before a referee or special hearing officer shall be
				paid pursuant to
				K.S.A.
				28-125  and
				K.S.A.
				75-3203  and amendments thereto.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 3 - APPEALS › Section 48-3-2 - Representation before referee and board of review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Appearance in person. The parties
				may appear in person and by an attorney or by an authorized
				representative.
(b) Representation by attorney. A party to the proceeding may
				be represented by an attorney who is regularly admitted to practice before the
				supreme court of Kansas, or by any attorney from without the state who complies
				with the provisions of Kansas Supreme Court rule 116. Each attorney
				representing a party before a referee shall file an entry of appearance with
				the referee before the hearing begins. Each attorney who did not represent a
				party before the referee but is representing a party before the board of review
				shall file an entry of appearance with the board of review.
(c) Representation by an authorized representative.
(1) Any party may be represented by an authorized
				representative. For the purpose of this article, an authorized representative
				shall mean any of the following:
(A) A union representative;
(B) an employee of an unemployment compensation cost-control
				management firm;
(C) an employee of a corporate party; or
(D) a legal intern authorized to represent clients pursuant to
				the provisions of Kansas Supreme Court rule 719.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 3 - APPEALS › Section 48-3-4 - Service of notice

Current through Register Vol. 43, No. 28, July 11, 2024
Notice of all hearings or proceedings required
				by this article shall, unless otherwise provided, be given by mail to the last
				known address of the parties and other interested parties.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 4 - FILING APPEALS › Section 48-4-1 - Notice of appeal; when filed

Current through Register Vol. 43, No. 28, July 11, 2024
Each notice of appeal filed in person shall be
				considered filed on the date delivered to any employee or representative of the
				division of employment. Each notice of appeal filed by mail shall be considered
				filed on the date postmarked. If the postmark on the envelope is illegible or
				is missing, the appeal filed by mail shall be considered filed on the date
				received by the agency less a calculated time reasonably expected to elapse
				enroute between the place of mailing and the place of delivery, but in no case
				less than three days.
Kansas Administrative Regulations › Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW › Article 4 - FILING APPEALS › Section 48-4-2 - Constructive filing

Current through Register Vol. 43, No. 28, July 11, 2024
A notice of appeal not filed on time as
				prescribed by
				K.S.A.
				44-709, and amendments thereto, and these
				regulations may be considered timely filed if the referee or the board of
				review finds that the party appealing failed to file a timely appeal because of
				excusable neglect.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-50 - Designation of rules constituting prohibited employment for minors

Current through Register Vol. 43, No. 28, July 11, 2024
These rules shall be known as the hazardous work, trade, or
						occupations which constitute prohibited employment for minors under eighteen
						(18) years of age.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-51 - Occupations declared hazardous; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
No child under eighteen (18) years of age shall be at any time
						employed in any of the occupations declared hazardous in Kansas administrative
						regulations 49-1-52 through 49-1-68.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-52 - Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) All occupations in or about
					any plant or establishment (other than retail establishments or plants or
					establishments of the type described in subparagraph (2) (a) of this paragraph)
					manufacturing or storing of explosives or articles containing explosive
					components except where the occupation is performed in a "nonexplosives area"
					as defined in subparagraph (2) (c) of this section.
(b) The following occupations in or about any
					plant or establishment manufacturing or storing small-arms ammunition not
					exceeding .60 caliber in size, shotgun shells, or blasting caps when
					manufactured or stored in conjunction with the manufacture of small-arms
					ammunition:
(1) All occupations involved in
					the manufacturing, mixing, transporting, or handling of explosive compounds in
					the manufacture of small-arms ammunition and all other occupations requiring
					the performance of any duties in the explosives area in which explosive
					compounds are manufactured or mixed.
(2) All occupations involved in the
					manufacturing, transporting, or handling of primers and all other occupations
					requiring the performance of any duties in the same building in which primers
					are manufactured.
(3) All
					occupations involved in the priming of cartridges and all other occupations
					requiring the performance of any duties in the same workroom in which rim-fire
					cartridges are primed.
(4) All
					occupations involved in the plate loading of cartridges and in the operation of
					automatic loading machines.
(5) All
					occupations involved in the loading, inspecting, packing, shipping and storage
					of blasting caps.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-53 - Occupations of motor-vehicle driver and outside helper

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations. Except as provided in paragraph (2). The occupations of
					motor-vehicle driver and outside helper on any public road, highway, in or
					about any mine (including open-pit mine or quarry), place where logging or
					sawmill operations are in progress, or in any excavation of the type identified
					in 49-1-68.
(2) Exemptions.
					Incidental and occasional driving. The finding and declaration in paragraph (1)
					shall not apply to the operation of automobiles or trucks not exceeding 6,000
					pounds gross vehicle weight if such driving is restricted to daylight hours:
					Provided, Such operation is only occasional and incidental to the child's
					employment; that the child holds a state license valid for the type of driving
					involved in the job which he performs and has completed a state-approved driver
					education course: And provided further, That the vehicle is equipped with a
					seat belt or similar device for the driver and for each helper, and the
					employer has instructed each child that such belts or other devices must be
					used. This subparagraph shall not be applicable to any occupation of
					motor-vehicle driver which involves the towing of vehicles.
(3) Definitions.
(a) The term "motor vehicle" shall mean any
					automobile, truck, truck-tractor, trailer, semitrailer, motorcycle, or similar
					vehicle propelled or drawn by mechanical power and designed for use as a means
					of transportation but shall not include any vehicle operated exclusively on
					rails.
(b) The term "driver" shall
					mean any individual who, in the course of his employment, drives a motor
					vehicle at any time.
(c) The term
					"outside helper" shall mean any individual, other than a driver, whose work
					includes riding on a motor vehicle outside the cab for the purpose of assisting
					in transporting or delivering goods.
(d) The term "gross vehicle weight" includes
					the truck chassis with lubricants, water and full tank or tanks of fuel, plus
					the weight of the cab or driver's compartment, body, and special chassis and
					body equipment, and payload.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-54 - Coal mine occupations

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations. All occupations in or about any coal mine, except the occupation
					of slate or other refuse picking at a picking table or picking chute in a
					tipple or breaker and occupations requiring the performance of duties solely in
					offices or in repair or maintenance shops located in the surface part of any
					coal-mining plant.
(2)
					Definitions.
(a) The term "coal" shall mean
					any rank of coal, including lignite, bituminous, and anthracite coals.
(b) The term "all occupations in
					or about any coal mine" shall mean all types of work performed in any
					underground working, open pit, or surface part of any coal-mining plant that
					contributes to the extraction, grading, cleaning, or other handling of coal.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-55 - Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill

Current through Register Vol. 43, No. 28, July 11, 2024
(1) Exceptions
					applying to logging.
(a) Work in offices or
					in repair or maintenance shops.
(b) Work in the construction, operation,
					repair, or maintenance of living and administrative quarters of logging camps.
(c) Work in timber cruising,
					surveying, or logging-engineering parties; work in the repair or maintenance of
					roads, railroads or flumes; work in forest protection, such as clearing fire
					trails or roads, piling and burning slash, maintaining fire-fighting equipment,
					constructing and maintaining telephone lines, or acting as fire lookout or fire
					patrolman away from the actual logging operations: Provided, That the
					provisions of this paragraph shall not apply to the felling or bucking of
					timber, the collecting or transporting of logs, the operation of power-driven
					machinery, the handling or use of explosives, and work on trestles.
(d) Peeling of fence posts, pulpwood,
					chemical wood, excelsior wood, cordwood, or similar products, when not done in
					conjunction with and at the same time and place as other logging occupations
					declared hazardous by this section.
(e) Work in the feeding or care of animals.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-56 - Occupations involved in the operation of power-driven woodworking machines

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) The occupation of operating
					power-driven woodworking machines including supervising or controlling the
					operation of such machines, feeding material into such machines, and helping
					the operator to feed material into such machines, but not including the placing
					of material on a moving chain or in a hopper or slide for automatic feeding.
(b) The occupations of setting up,
					adjusting, repairing, oiling, or cleaning power-driven woodworking machines.
(c) The operations of off-bearing
					from circular saws and from guillotine-action veneer clippers.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-57 - Occupations involving exposure to radioactive substances and to ionizing radiations

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) Any work in any workroom in
					which:
(1) Radium is stored or used in the
					manufacture of self-luminous compound;
(2) Self-luminous compound is made,
					processed, or packaged;
(3)
					Self-luminous compound is stored, used, or worked upon;
(4) Incandescent mantles are made from fabric
					and solutions containing thorium salts, or are processed or packaged;
(5) Other radioactive substances
					are present in the air in average concentrations exceeding 10 percent of the
					maximum permissible concentrations in the air recommended for occupational
					exposure by the national committee on radiation protection, as set forth in the
					40-hour week column of table one of the national bureau of standards handbook
					No. 69 entitled "maximum permissible body burdens and maximum permissible
					concentrations of radionuclides in aid and in water for occupational exposure,"
					issued June 5, 1959.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-58 - Occupations involved in the operation of elevators and other power-driven hoisting apparatus

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) Work of operating an
					elevator, crane, derrick, hoist, or high-lift truck, except operating an
					unattended automatic-operation passenger elevator or an electric or
					air-operated hoist not exceeding 1-ton capacity.
(b) Work which involves riding on a manlift
					or on a freight elevator, except a freight elevator operated by an assigned
					operator.
(c) Work on assisting in
					the operation of a crane, derrick, or hoist performed by crane hookers, crane
					chasers, hookers-on, riggers, rigger helpers, and like occupations.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-59 - Occupations involved in the operation of power-driven metal forming, punching, and shearing machines

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) All rolling machines, such
					as beading, straightening, corrugating, flanging, or bending rolls; and hot or
					cold rolling mills.
(b) All
					pressing or punching machines, such as punch presses, except those provided
					with full automatic feed and ejection and with a fixed barrier guard to prevent
					the hands or fingers of the operator from entering the area between the dies;
					power presses; and plate punches.
(c) All bending machines, such as apron
					brakes and press brakes.
(d) All
					hammering machines, such as drop hammers and power hammers.
(e) All shearing machines, such as guillotine
					or squaring shears; alligator shears; and rotary shears.
(f) The occupations of setting up, adjusting,
					repairing, oiling, or cleaning these machines including those with automatic
					feed and ejection.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-60 - Occupations in connection with mining, other than coal

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) Work in offices, in the
					warehouse or supply house, in the change house, in the laboratory, and in
					repair or maintenance shops not located underground.
(b) Work in the operation and maintenance of
					living quarters.
(c) Work outside
					the mine in surveying, in the repair and maintenance of roads, and in general
					clean-up about the mine property such as clearing brush and digging drainage
					ditches.
(d) Work of track crews
					in the building and maintaining of sections of railroad track located in these
					areas of open-cut metal mines where mining and haulage activities are not being
					conducted at the time and place that such building and maintenance work is
					being done.
(e) Work in or about
					surface placer mining operations other than placer dredging operations and
					hydraulic placer mining operations.
(f) The following work in metal mills other
					than in mercury-recovery mills or mills using the cyanide process:
(1) Work involving the operation of jigs,
					sludge tables, flotation cells, or drier-filters.
(2) Work of hand sorting at picking table or
					picking belt.
(3) General clean-up
					work: Provided, however, That nothing in this section shall be construed as
					permitting employment of minors in any occupation prohibited by any other
					hazardous occupation order.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-61 - Occupations involving slaughtering, meat packing or processing, or rendering

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) All occupations on the
					killing floor, in curing cellars, and in hide cellars, except the work of
					messengers, runners, hand-truckers, and similar occupations which require
					entering such workrooms or workplaces infrequently and for short periods of
					time.
(b) All occupations involved
					in the recovery of lard and oils, except packaging and shipping of such
					products and the operations of lard-roll machines.
(c) All occupations involved in tankage or
					rendering of dead animals, animal offal, animal fats, scrap meats, blood, and
					bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and
					similar products.
(d) All
					occupations involved in the operation or feeding of the following power-driven
					meat-processing machines, including the occupation of setting up, adjusting,
					repairing, oiling, or cleaning such machines: Meat-patty-forming machines,
					meat-and bone-cutting saws, knives (except bacon-slicing machines,) head
					splitters, and guillotine cutters; snout pullers and jaw pullers; skinning
					machines; horizontal rotary washing machines; casing-cleaning machines such as
					crushing, stripping, and finishing machines; grinding, mixing, chopping, and
					hashing machines; and presses (except belly-rolling machines).
(e) All boning occupations.
(f) All occupations that involve the pushing
					or dropping of any suspended carcass, half carcass, or quarter carcass.
(g) All occupations involving
					hand-lifting or hand-carrying any carcass or half carcass of beef, pork, or
					horse, or any quarter carcass of beef or horse.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-62 - Occupations involved in the operation of certain power-driven bakery machines

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) The occupations of
					operating, assisting to operate, or setting up, adjusting, repairing, oiling,
					or cleaning any horizontal or vertical dough mixer; batter mixer; bread
					dividing, rounding, or molding machine; dough brake; dough sheeter; combination
					bread-slicing and -wrapping machine; or cake-cutting band saw.
(b) The occupation of setting up or adjusting
					a cooky or cracker machine.