Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-1a - Disciplinary actions; discharge

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Complaints. Any person may make a verbal or written
				complaint to the superintendent alleging a violation of any statute or
				regulation.
(b) Investigation. Upon receipt of a complaint, the
				superintendent shall conduct an investigation. If the investigation reveals
				reasonable grounds to believe that a member has violated a statute or
				regulation, no warning has been given for prior offenses in the past 12 months,
				and the current offense did not cause property damage or bodily injury, the
				superintendent may advise the member of the violation and warn the member that
				if the conduct or activity does not cease, proceedings will be commenced to
				discharge the member. As an alternative, a report by the superintendent may be
				sent to the KCVA detailing the investigation of the complaint, identifying the
				regulation that was violated, and recommending discharge of the member.
(c) Notice. Upon recommendation that a member be discharged, a
				hearing shall be scheduled at the earliest available commission docket. The
				member shall be notified by the executive director of the factual allegations
				of the complaint, the applicable statute or regulation, and the date, time, and
				place of the hearing. The notice shall be mailed to the last known address of
				the member at least 10 days before the hearing.
(d) Proceedings. At the hearing, notice may be taken by the
				commission of its administrative files and records, and any other relevant
				evidence and arguments offered by the member, staff, employees of KCVA, or any
				other interested persons may be heard by the commission. The member may appear
				in person, through telephone, by an attorney, or any combination of these. If
				the member fails to attend, the decision may be made by the commission based
				upon its files and records and any other evidence that was presented at the
				hearing.
(e) Final decision. A written decision shall be filed by the
				commission with the executive director. The written decision shall set forth
				the facts and reasons for the commission's decision. A copy of the decision
				shall be sent by the executive director to the member at the member's last
				known address. The filed decision shall be considered the final agency
				action.
(f) Vacating premises. If the decision is adverse to the
				member, the member shall vacate the residence or cottage within 30 days of the
				date on which a copy of the commission's decision was sent to the member. The
				member may ask the superintendent for an additional 14 days due to unusual and
				extenuating circumstances. As used in this subsection, "unusual and extenuating
				circumstances" shall mean any condition that is caused by an unexpected event
				that is beyond the member's control and that is sufficiently extreme in nature
				to result in the inability or inadvisability to vacate the premises by the
				deadline specified.