reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 22 - APPLICATION FEES › Section 17-22-1 - Application fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At the time
			 of filing any application described below, the applicant shall remit to the
			 office of the state bank commissioner the following nonrefundable fee:
(1) Bank or trust company charter $2,500
(2) New branch bank 1,000
(3) Relocation
(A) Main office or branch relocation 1,000
(B) Short-form main office
			 relocation 500
(C) Interchange of
			 main office and branch 500
(D)
			 Main office relocation with existing location retained as a branch 1,000
(E) Short-form main office
			 relocation with existing location retained as a branch 500
(4) Merger, consolidation, or
			 transfer of assets and liabilities 1,000
(5) Change of control
(A) General 1,000
(B) Bona fide gift or inheritance 500
(C) Formation of one-bank holding
			 company and associated exchange of stock 500
(6) Conversion to state charter no fee
(7) Bank service corporation 500
(8) Fiduciary activities
(A) Fiduciary powers no fee
(B) Trust branch established pursuant to
			 K.S.A. 9-1135 500
(C) Trust service
			 desk established pursuant to K.S.A. 9-2107 500
(D) Trust service office established pursuant
			 to K.S.A. 9-2108 500
(E)
			 Contracting trustee agreement established pursuant to K.S.A. 9-2107
			 500
(9) Money order
			 license 100, plus $10 per agent
(10) Change of name 250
(11) Revenue bond pledgibility 200
(12) Letter of good standing 50
(13) Administrative appeals pursuant to
			 K.S.A.
			 9-2108(i),
			 K.S.A.
			 9-2107(l), or
			 K.S.A.
			 9-1135(j) 1,000
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of article 23, the following definitions shall
				apply.
(a) "Account" means the trust,
			 estate or other fiduciary relationship that has been established with a bank or
			 trust company.
(b) "Bank" means a
			 corporation as defined in
			 K.S.A.
			 9-701(a) and amendments
			 thereto. With respect to any fund established pursuant to
			 K.S.A.
			 9-1609 and amendments thereto, "bank" shall
			 also mean two or more banks or trust companies that are members of the same
			 affiliated group and are cotrustees of the fund.
(c) "Cash management vehicle" means any
			 checking, savings or money market account that is used to accumulate cash for
			 payments to or for beneficiaries, or is used to accumulate cash for the purpose
			 of making investments.
(d)
			 "Collective investment fund" means funds held by a bank or trust company as
			 fiduciary and invested collectively in either of the following:
(1) A common trust fund maintained by the
			 bank or trust company exclusively for the collective investment and
			 reinvestment of moneys contributed thereto by the bank or trust company in its
			 capacity as trustee, executor, administrator, conservator, or as custodian
			 under the uniform transfers to minors act,
			 K.S.A.
			 38-1701 et seq., and amendments thereto, or
			 any state law substantially similar to the uniform gifts to minors act or the
			 uniform transfers to minors act as published by the national conference of
			 commissioners on uniform state laws; or
(2) a fund consisting solely of assets of
			 retirement, pension, profit sharing, stock bonus or other trusts that are
			 exempt from federal income taxation under the internal revenue code.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-2 - Adoption of policies and procedures with respect to brokerage placement practices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each bank
			 or trust company exercising investment discretion, as defined in subsection (r)
			 of K.A.R. 17-23-1, with respect to an account shall adopt and follow written
			 policies and procedures intended to ensure that its brokerage placement
			 practices comply with all applicable laws and regulations.
(b) Written policies and procedures shall
			 address, where appropriate:
(1) the selection
			 of persons to effect securities transactions and the evaluation of the
			 reasonableness of any brokerage commissions paid to such persons, including the
			 factors considered in these determinations;
(2) any acquisition of services or products,
			 including research services, in return for brokerage commissions;
(3) the allocation of research or other
			 services among accounts, including those which did not generate commissions to
			 pay for the research or other services;
(4) the need, in appropriate instances, to
			 make disclosures concerning the policies and procedures to prospective and
			 existing customers; and
(5) the
			 prohibition of excessive trading in portfolios.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-3 - Administration of fiduciary powers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The board
			 of directors shall be responsible for the proper exercise of fiduciary powers
			 by the bank or trust company.
(1) All matters
			 pertinent thereto, including the determination of policies, the investment and
			 disposition of property held in a fiduciary capacity, and the direction and
			 review of the actions of all officers, employees, and committees utilized by
			 the bank or trust company in the exercise of its fiduciary powers, shall be the
			 responsibility of the board.
(2)
			 In discharging this responsibility, the board of directors may assign, by
			 action duly entered in the minutes, the administration of any of the bank's or
			 trust company's fiduciary powers it may consider proper to assign to any of the
			 following designees:
(A) Director;
(B) officer;
(C) employee; or
(D) committee.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-4 - Books and accounts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each bank
			 or trust company exercising fiduciary powers shall retain fiduciary records
			 which shall be kept separate and distinct from other records of the bank or
			 trust company.
(b) Each such bank
			 or trust company shall keep an adequate record of all pending litigation to
			 which it is a party in connection with its exercise of fiduciary powers.
(c) Each bank or trust company
			 shall keep a record of all written complaints and related correspondence
			 concerning any fiduciary account.
(d) A bank or trust company shall retain the
			 records required by this article for:
(1) a
			 period of three years from the later of:
(A)
			 termination of the fiduciary account relationship to which the records relate;
(B) termination of litigation
			 relating to such account; or
(C)
			 the next examination; or
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-5 - Audit of trust activities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The board
			 of directors, or an audit committee designated by the board of directors, shall
			 make a thorough examination of the books, records, funds and securities held by
			 the bank trust department or trust company, in a fiduciary capacity, at each of
			 the quarterly meetings and the result of such examination shall be recorded in
			 detail.
(b) If the board, or the
			 designated committee, selects an auditor, the auditor's findings shall be
			 reported directly to the board.
(c) In lieu of the required four quarterly
			 examinations, the board of directors, or an audit committee designated by the
			 board of directors, may accept one annual audit by a certified public
			 accountant or an independent auditor approved by the commissioner. All audit
			 reports and findings shall be reported to the board of directors.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-6 - Funds awaiting investment or distribution

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Funds held
			 by a bank or trust company in a fiduciary capacity that are awaiting investment
			 or distribution shall not be held uninvested or undistributed any longer than
			 is reasonable for the proper management of the ac-count.
(1) Each bank or trust company exercising
			 fiduciary powers shall adopt and follow written policies and procedures
			 intended to provide that a prudent rate of return, available for trust-quality,
			 short-term investments, is obtained upon funds so held, consistent with the
			 requirements of the governing instrument and local law.
(2) These policies and procedures shall take
			 into consideration all relevant factors, including the following:
(A) The anticipated return that could be
			 obtained while the cash remains uninvested or un-distributed;
(B) the cost of investing the funds;
(C) the anticipated need for the
			 funds; and
(D) the costs and
			 operational complexities of implementing and maintaining the investments for
			 the bank or trust company.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-7 - Investment of funds held as fiduciary

Current through Register Vol. 43, No. 28, July 11, 2024
Funds held by a bank or trust company in a fiduciary capacity
				shall be invested in accordance with any one or more of the following:
(a) the instrument establishing the fiduciary
			 relationship;
(b) any order of the
			 probate or other court; or
(c) any
			 and all Kansas statutes and regulations applicable, including but not limited
			 to K.S.A. 17-5004,
			 K.S.A.
			 9-1609, and K.A.R. 17-23-11 and amendments
			 thereto.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-8 - Self-dealing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless
			 lawfully authorized by the instrument creating the relationship, by court order
			 or by the laws of the state of Kansas, funds of a fiduciary account for which a
			 bank or trust company has investment discretion shall not be invested in stock
			 or obligations of, or property acquired from any of the following:
(1) The bank or trust company, or its
			 directors, officers, or employees, or individuals with whom there exists such a
			 connection;
(2) organizations in
			 which there exists an interest that might affect the exercise of the best
			 judgment of the bank or trust company in acquiring the property; or
(3) affiliates of the bank or trust company,
			 or their directors, officers or employees.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-10 - Surrender of fiduciary powers

Current through Register Vol. 43, No. 28, July 11, 2024
Any bank or trust company which has been granted the right to
				exercise fiduciary powers and which desires to surrender such right shall file
				with the state bank commissioner a certified copy of the resolution of its
				board of directors signifying such a desire. Upon receipt of such resolution,
				the state bank commissioner may make an investigation. If the commissioner is
				satisfied that the bank or trust company has been discharged from all fiduciary
				duties which it has undertaken, a letter to the bank or trust company
				certifying that it is no longer authorized to exercise fiduciary powers shall
				be issued by the commissioner.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-11 - Collective investment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Funds held
			 by a bank or trust company as fiduciary may be invested collectively in either
			 of the following:
(1) A common trust fund
			 maintained by the bank or trust company exclusively for the collective
			 investment and reinvestment of moneys contributed thereto by the bank or trust
			 company in its capacity as trustee, executor, administrator, conservator, or as
			 custodian under any state law substantially similar to the uniform gifts to
			 minors act or the uniform transfers to minors act as published by the American
			 law institute; or
(2) a fund
			 consisting solely of assets of retirement, pension, profit sharing, stock
			 bonus, or other trusts that are exempt from federal income taxation under the
			 internal revenue code.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-12 - Record-keeping for securities transactions

Current through Register Vol. 43, No. 28, July 11, 2024
Each bank or trust company effecting securities transactions
				for customers shall maintain the following records with respect to such
				transactions for at least three years.
(a) There shall be chronological records of
			 original entry containing an itemized daily record of all purchases and sales
			 of securities. The records of original entry shall show:
(1) the account or customer for which each
			 such transaction was effected;
(2)
			 the description of the securities;
(3) the unit and aggregate purchase or sale
			 price, if any; and
(4) the trade
			 date and the name or other designation of the broker, dealer or other person
			 from whom purchased or to whom sold.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-13 - Form of notification for securities transactions

Current through Register Vol. 43, No. 28, July 11, 2024
Each bank or trust company effecting a securities transaction
				for a customer shall maintain for at least three years and except as provided
				in K.A.R.
				17-23-14, shall mail or otherwise furnish to
				such customer either of the following types of notifications:
(a)
(1) a
			 copy of the confirmation of a broker or dealer relating to the securities
			 transactions; and
(2) if the bank
			 or trust company is to receive remuneration from the customer or any other
			 source in connection with the transaction, and the remuneration is not
			 determined pursuant to a written agreement between the bank or trust company
			 and the customer, a statement of the source and amount of any remuneration to
			 be received; or
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-14 - Time of notification for securities transactions

Current through Register Vol. 43, No. 28, July 11, 2024
The time for mailing or otherwise furnishing the written
				notification described in
				K.A.R.
				17-23-13 shall be five business days from the
				date of the transaction, or if a broker or dealer is utilized, within five
				business days from the receipt by the bank or trust company of the broker or
				dealer's confirmation. However, the bank or trust company may elect to use the
				following alternative procedures if the transaction is effected for the
				following types of securities.
(a)
			 For accounts, except periodic plans, for which the bank or trust company does
			 not exercise investment discretion, the bank or trust company and the customer
			 may agree in writing to a different arrangement as to the time and content of
			 the notification. The agreement shall make clear the customer's right to
			 receive the written notification within the prescribed time period at no
			 additional cost to the customer.
(b) For accounts, except collective
			 investment funds, for which the bank or trust company exercises investment
			 discretion in other than an agency capacity, the bank or trust company shall,
			 upon request of the person having the power to terminate the account or, if
			 there is no such person, upon the request of any person holding a vested
			 beneficial interest in the account, mail or otherwise furnish to the person the
			 written notification within a reasonable time. The bank or trust company may
			 charge that person a reasonable fee for providing this information.
(c) Unless otherwise provided in the account
			 agreement, for accounts for which the bank or trust company exercises
			 investment discretion in an agency capacity, the following requirements shall
			 be met:
(1) The bank or trust company shall
			 mail or otherwise furnish to each customer not less frequently than once every
			 three months an itemized statement which shall specify the funds and securities
			 in the custody or possession of the bank or trust company at the end of that
			 period and all debits, credits, and transactions in the customer's account
			 during that period; and
(2) if
			 requested by the customer, the bank or trust company shall mail or otherwise
			 furnish to the customer within a reasonable time the written notification
			 described in K.A.R. 17-23-13. The bank or trust company may charge a reasonable
			 fee for providing this information.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 23 - TRUST SUPERVISION › Section 17-23-16 - Location of trust documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless an
			 exception is granted by the commissioner, all of the original governing
			 instruments establishing a fiduciary relationship with a bank or trust company
			 shall be permanently maintained and located at one site, which shall be one of
			 the following:
(1) The main bank or trust
			 company location;
(2) an approved
			 branch or trust service office; or
(3) another site approved by the
			 commissioner.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 24 - MORTGAGE BUSINESS › Section 17-24-1 - Signed acknowledgment; contents

Current through Register Vol. 43, No. 28, July 11, 2024
Before a licensee enters into any contract for the provision of
				services or receives any compensation or promise of compensation for a mortgage
				loan, the licensee shall acquire from the customer a signed acknowledgment
				containing only the following items:
(a) The name and address of the mortgage
			 business;
(b) the name and
			 position of the individual presenting the acknowledgment to the customer for a
			 signature;
(c) a statement in at
			 least 10-point boldface letters that reads as follows: "(name of licensee) is a
			 mortgage business licensed with the Kansas Office of the State Bank
			 Commissioner in accordance with the laws of the state of Kansas. This license
			 does not represent an endorsement or recommendation of the licensee's products
			 or services by the Office of the State Bank Commissioner. As a consumer, you
			 may submit a complaint or inquiry about this mortgage business by delivering a
			 written statement to the Office of the State Bank Commissioner, 700 Jackson,
			 Suite 300, Topeka, Kansas 66603"; and
(d) the original signature of the customer or
			 customers and the date on which the signature or signatures were attached.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 24 - MORTGAGE BUSINESS › Section 17-24-2 - Mortgage business fees

Current through Register Vol. 43, No. 28, July 11, 2024
At the time of filing any application pursuant to the Kansas
				mortgage business act,
				K.S.A.
				9-2201 et seq. and amendments thereto, each
				applicant, licensee, or registrant shall remit to the office of the state bank
				commissioner the following applicable nonrefundable fees:
(a) New or renewal application for each
			 principal place of business .......................... $400
(b) New or renewal application for each
			 branch office .............................................. $300
(c) Application for new registration as a
			 loan originator ...................................................
			 $100
(d) Renewal registration as a
			 loan originator ..... $100
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 24 - MORTGAGE BUSINESS › Section 17-24-3 - Prelicensing and continuing education; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each individual required to register as a
			 loan originator pursuant to the Kansas mortgage business act,
			 K.S.A.
			 9-2201 et seq. and amendments thereto, shall
			 complete at least 20 hours of prelicensing professional education (PPE)
			 approved in accordance with subsection (c), which shall include at least the
			 following:
(1) Three hours of federal law and
			 regulations;
(2) three hours of
			 ethics, which shall include instruction on fraud, consumer protection, and fair
			 lending issues; and
(3) two hours
			 of training related to lending standards for the nontraditional mortgage
			 product marketplace.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 24 - MORTGAGE BUSINESS › Section 17-24-4 - Record retention

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 any mortgage transaction in which the licensee does not close the mortgage loan
			 in the licensee's name, the licensee shall retain the following documents, as
			 applicable, for at least 36 months following the loan closing date, or if the
			 loan is not closed, the loan application date:
(1) The application;
(2) the good faith estimate;
(3) the early truth-in-lending disclosure
			 statement;
(4) any written
			 agreements with the borrower that describe rates, fees, broker compensation,
			 and any other similar fees;
(5) an
			 appraisal performed by a Kansas-licensed or Kansas-certified appraiser
			 completed within 12 months before the loan closing date, the total appraised
			 value of the real estate as reflected in the most recent records of the tax
			 assessor of the county in which the real estate is located, or, for a
			 nonpurchase money real estate transaction, the estimated market value as
			 determined through an acceptable automated valuation model, pursuant to
			 K.S.A.
			 16a-1-301(6) and amendments
			 thereto;
(6) the signed Kansas
			 acknowledgment as required by
			 K.S.A.
			 9-2208(b), and amendments
			 thereto;
(7) the adjustable rate
			 mortgage (ARM) disclosure;
(8) the
			 home equity line of credit (HELOC) disclosure statement;
(9) the affiliated business arrangement
			 disclosure;
(10) evidence that the
			 special information booklet, consumer handbook on adjustable rate mortgages,
			 home equity brochure, reverse mortgage booklet, or any suitable substitute was
			 delivered in a timely manner;
(11)
			 the certificate of counseling for home equity conversion mortgages
			 (HECMs);
(12) the loan cost
			 disclosure statement for HECMs;
(13) the notice to the borrower for
			 HECMs;
(14) phone log or any
			 correspondence with associated notes detailing each contact with the
			 consumer;
(15) any documentation
			 that aided the licensee in making a credit decision, including a credit report,
			 title work, verification of employment, verification of income, bank
			 statements, payroll records, and tax returns;
(16) the settlement statement; and
(17) all paid invoices for appraisal, title
			 work, credit report, and any other closing costs.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 24 - MORTGAGE BUSINESS › Section 17-24-5 - Prelicensure testing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On
			 and after July 31, 2010, each individual required to register as a loan
			 originator pursuant to the Kansas mortgage business act,
			 K.S.A.
			 9-2201 et seq. and amendments thereto, shall
			 pass a qualified written test. For purposes of this regulation, the
			 commissioner's designee for developing and administering the qualified written
			 test shall be the nationwide mortgage licensing system and registry.
(b) A written test shall not be treated as a
			 qualified written test for purposes of subsection (a) unless the test
			 adequately measures the applicant's knowledge and comprehension in appropriate
			 subject areas, including the following:
(1)
			 Ethics;
(2) federal laws and
			 regulations pertaining to mortgage origination;
(3) state laws and regulations pertaining to
			 mortgage origination; and
(4)
			 federal and state laws and regulations, including instruction on fraud,
			 consumer protection, the nontradi-tional mortgage marketplace, and fair lending
			 issues.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 24 - MORTGAGE BUSINESS › Section 17-24-6 - Bond requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant for a new or renewal Kansas mortgage business
				act license shall submit a bond in the following amounts:
(a) For any applicant who maintains a bona
			 fide office, $50,000.00 or, if the applicant or licensee originated or made
			 more than $50,000,000.00 in Kansas mortgage loans during the previous calendar
			 year, $75,000.00; or
(b) for each
			 applicant or licensee who does not maintain a bona fide office, $100,000.00 or,
			 if the applicant or licensee originated more than $50,000,000.00 in Kansas
			 mortgage loans during the previous calendar year, $125,000.00.
Kansas Administrative Regulations › Agency 17 - OFFICE OF THE STATE BANK COMMISSIONER › Article 25 - CREDIT SERVICES ORGANIZATIONS › Section 17-25-1 - Registration and renewal fees

Current through Register Vol. 43, No. 28, July 11, 2024
When filing any application or renewal pursuant to the Kansas
				credit services organization act,
				K.S.A.
				50-1116 et seq. and amendments thereto, each
				applicant or registrant shall remit to the office of the state bank
				commissioner the applicable nonrefundable fee, as follows:
(a) Application for initial
			 registration................ $400
(b) Renewal application for registration
			 ............ $150
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 1 - EMPLOYEE SERVICE AWARDS › Section 18-1-2 - Service award

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All classified and unclassified employees shall be eligible for service awards for 10, 20, 30 and 40 years of service with the state. Recipients shall be actively employed on the state payroll at the time of the award, except that in the case of retired employees the board may make exceptions.
(b) Each agency shall be responsible for determining eligibility of its employees for service awards. The award board reserves the right to formally approve or disapprove an agency's determination of length of service.
(1) For classified employees, length of service shall be counted in the same manner as it is counted in determining length of service under K.A.R. 1-2-46, or in a manner that has been approved by the board.
(2) For unclassified employees, service shall be counted insofar as possible in the same manner as for classified employees.
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 2 - EMPLOYEE SUGGESTION AWARDS › Section 18-2-1 - Eligibility to receive award

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All state employees, including employees retired under provisions of K.S.A. 74-4901  et seq., shall be eligible to receive cash awards except employees who are members of the award board and employees excluded under L. 1986, Chapter 320, Section 4.
(b) Except as provided in Subsection (a), the immediate supervisor of an employee to whom a cash award is made shall be awarded an additional amount subject to provisions of L. 1986, Chapter 320, Section 1 (a). A supervisory cash award shall not be given when a cash award is approved for a retired employee.
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 2 - EMPLOYEE SUGGESTION AWARDS › Section 18-2-2 - Acceptable suggestions

Current through Register Vol. 43, No. 28, July 11, 2024
An acceptable suggestion shall:
(a) Reduce costs, duplication, time, waste, or accidents;
(b) increase productivity or job interest;
(c) improve services, job performance, public relations, or employee morale;
(d) simplify procedures, methods, forms, tools, or organizations; or
(e) conserve human resources, material, money, energy, or natural resources.
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 2 - EMPLOYEE SUGGESTION AWARDS › Section 18-2-3 - Non-acceptable suggestions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Suggestions related to the following subjects shall not be accepted for consideration:
(1) Suggestions which correct a condition that exists only because established procedures are not being followed;
(2) suggestions which have been considered or for which awards have been granted previously;
(3) suggestions which do not propose a method or way to make the improvement;
(4) suggestions which are developed as part of the duties of an employee's position. In determining suggestion acceptability, the employee's job description, assigned duties, and normal performance requirements of his or her position shall be considered in determining whether the suggestion is within or outside his or her job responsibilities;
(5) suggestions concerning routine maintenance of buildings, equipment or grounds which may be reported through regularly established channels. Where sustained complaints have not resulted in correction, the board may consider such a suggestion for an award;
(6) personal complaints or criticisms;
(7) suggestions requiring legislative action. However, if a suggestion which requires legislative action is judged as having merit, the board may forward it to the legislative coordinating council and inform the suggester of this action. If legislation is passed implementing the idea, the suggestion may be considered for an award by the board;
(8) suggestions which were under active consideration by management prior to having been made;
(9) anonymous suggestions; and
(10) suggestions for which the employee received a patent.
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 2 - EMPLOYEE SUGGESTION AWARDS › Section 18-2-4 - Suggestion submission; evaluation; approval

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All suggestions shall be submitted to the board in a form prescribed by the board.
(b)
(1) Each acceptable suggestion shall be transmitted by the board to the head of the agency or the several agencies identified in the proposed suggestion as implementers of the suggestion and any other agencies as determined by the board. The suggester's name shall not be disclosed by the board while the suggestion is under evaluation.
(2) The agency shall evaluate the suggestion and submit to the board a report of the results of the evaluation. The report shall include a description of the effect of the suggestion on operations, estimated cost reduction or avoidance, whether the suggestion will be implemented by the agency and a recommendaton as to the type and amount of any award. The report may include information about improvements in service, public relations or employee morale expected to result from implementation of the suggestion. The board may use the information in the report and any other information it deems appropriate in considering a suggestion.
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 2 - EMPLOYEE SUGGESTION AWARDS › Section 18-2-5 - Types of award; payment of award

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An award for an adopted suggestion may consist of a certificate only, or a certificate plus a cash payment. The amount of a cash payment shall be limited by the provisions of L. 1986, Chapter 320, Section 5 (b). The award board may also give medals or other appropriate insignia.
(b) If it can be determined that the first year's savings were underestimated, a supplemental award may be given to the suggester. It is the responsibility of the suggester to bring such instances to the attention of the board.
Kansas Administrative Regulations › Agency 18 - EMPLOYEE AWARD BOARD › Article 2 - EMPLOYEE SUGGESTION AWARDS › Section 18-2-6 - Determination of cash awards for suggestions with intangible benefits

Current through Register Vol. 43, No. 28, July 11, 2024
The type of award and the cash amount, if appropriate, shall be determined by the board for suggestions with intangible benefits when the monetary value of the suggestions cannot readily be determined within the limits prescribed by   K.A.R. 18-2-5(a). Intangible benefits may be defined to include awards to promote the suggestion awards program.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Advisory opinion" means a formal opinion issued by the
				commission as provided by relevant law.
(b) "Chairperson" means the chairperson of the commission
				appointed by the governor, or in the event of the chairperson's absence, the
				vice-chairperson or any other commissioner as may be designated by the
				remaining members of the commission.
(c) "Commission" means the Kansas commission on governmental
				standards and conduct created by relevant law, or as the context indicates, any
				lesser number of members.
(d) "Commission's attorney" means an attorney employed by the
				commission to assist the commission in carrying out the provisions of relevant
				law.
(e) "Executive director" means the executive director appointed
				by the commission.
(f) "Formal record" means all the filings and submittals in a
				matter or proceeding and all notices or agency orders initiating the matter or
				proceeding. If a hearing is held, the formal record shall include:
(1) The designation of the presiding member;
(2) The transcript of hearing if one is kept;
(3) All exhibits received in evidence;
(4) All exhibits offered but not received in evidence;
(5) All offers of proofs, motions, stipulations, subpoenas,
				proofs of service, and the corresponding determinations made by the commission;
(6) Certifications to the commission; and
(7) Anything else upon which action of the presiding member or
				commission may be based will constitute a formal record. This does not include
				any proposed testimony or exhibits or the work product of the commission or its
				staff not offered or received in evidence.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-4 - Appointment of acting executive director

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever it is necessary to appoint an acting executive
				director without delay, the chairperson may make such appointment, subject to
				the ratification or rejection of the commission at the next meeting. The
				rejection of such appointment shall not affect any of the actions of the acting
				executive director in the interim.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-5 - Pleadings or other documents filed with the commission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. All pleadings or other documents shall be mailed
				first-class with postage prepaid or delivered personally to the office of the
				commission. The pleadings or other documents shall clearly designate the file
				number, if any, designated by the commission; state a document title where
				appropriate; indicate their purpose, identify any commission document to which
				they are in response, and state the name, address and title of the party or
				petitioner.
(b) Noncompliance and rejection. In any proceeding when the
				commission finds a pleading or other document does not comply with these rules,
				the commission shall:
(1) decline to accept the document for filing and return it, or
(2) accept it for filing and make procedural corrections, or
(3) accept it for filing and advise the person tendering it of
				the deficiency and require that the deficiency be corrected.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-6 - Copies of pleadings or other documents

Current through Register Vol. 43, No. 28, July 11, 2024
The petitioner or party filing any pleading or other document
				shall file the original thereof with the commission. The commission may require
				the filing of such additional copies as it may need or desire.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-8 - Service

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Service of an original complaint, a notice of hearing, five
				(5) and thirty (30) day notices pursuant to 1981 Kansas Session Laws, Chapter
				171, Sec. 1
et seq.
, and Sec. 42
et seq.
, a
				civil penalty assessment order, and a finding of fact and report shall be by
				certified mail, return receipt requested. The notice will be mailed to the
				person's principal residence, principal place of business or any other address
				as appears on any document filed pursuant to relevant law. Except as otherwise
				provided by relevant law, the commission shall serve other required orders,
				notices and documents by first-class mail with postage prepaid. Service may be
				in person.
(b) All pleadings or other documents shall be served upon all
				petitioners or parties in the proceeding by the one filing the same on the date
				when filed or tendered for filing with the commission. This service shall be
				made by delivering in person or by mailing first class, properly addressed with
				postage prepaid, copies to each petitioner or party. An original complaint
				shall be served on the respondent by the commission.
(c) When any petitioner or party is represented by an attorney
				who has entered a general entry of appearance, subsequent service shall be upon
				this attorney.
(d) The date of service shall be the day when the pleading or
				other document served is deposited in the United States mail or is delivered in
				person, except as provided in K.A.R. 19-1-9(a). When service is by certified
				mail, return receipt requested, the date of service shall be the date of
				delivery shown on the return receipt. A certificate of service shall be
				attached to the original of each pleading or other document filed, except those
				originating with the commission.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-9 - Time

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Timely filing required.
Reports or documents required or permitted to be filed under
				K.A.R. 19-1 to K.A.R. 19-8, inclusive, must be received for filing at the
				commission's office within the time limits, if any, for such filing. The date
				of receipt at the office of the commission and not the date of deposit in the
				mails is determinative.
(b) Computation of time. Except as otherwise provided by law,
				in computing any period of time prescribed or allowed, the date of the act,
				event, or default from which the designated period of time begins to run shall
				not be included. The last day of the period so computed shall be included,
				unless it is Saturday, Sunday, or a "legal holiday" as defined in K.S.A.
				60-206, in which event the period shall run until the end of the next day which
				is neither Saturday, Sunday, nor a legal holiday. A part-day holiday shall be
				considered as other days and not as a holiday. Intermediate Saturdays, Sundays,
				and legal holidays shall be included in the computation.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-10 - Representation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Appearance in person or by attorney. An individual may
				appear in his or her own behalf. A member of a partnership may represent the
				partnership, a bona fide officer of a corporation, trust or association may
				represent the corporation, trust or association in presenting any matter to the
				commission. A person may be represented by an attorney authorized to practice
				before the supreme court of Kansas.
(b) Contemptuous conduct. Contemptuous conduct at any hearing
				shall be ground for exclusion from such hearing.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-11 - Commission decisions

Current through Register Vol. 43, No. 28, July 11, 2024
Except as otherwise provided by relevant law, all orders,
				opinions, or findings of fact issued by the commission shall be signed by the
				chairperson. The decision of any committee of hearing commissioners shall be by
				majority vote. A concurring vote of five members of the commission shall be
				required for any decision of the commission as a whole.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 1 - GENERAL PROVISIONS › Section 19-1-13 - Alternative procedures

Current through Register Vol. 43, No. 28, July 11, 2024
Upon finding in a specific proceeding that the just and
				expeditious determination of a matter requires simplification, alteration, or
				non-application of any or all of   K.A.R. 19-1  to    K.A.R. 19-8,  inclusive, or the
				adoption of supplemental procedures, the commission or any committee thereof
				may utilize such alternative procedures as are reasonable and necessary and
				consistent with the relevant law and which do not jeopardize the rights of any
				party. Except when alternative procedures are adopted at a prehearing
				conference, hearing or rehearing with all petitioners or parties or their
				representatives present, notice of the adoption of alternative procedures shall
				be served on them.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 2 - ADVISORY OPINION REQUESTS › Section 19-2-2 - Advisory opinion

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each advisory opinion request shall be submitted in writing
				and shall contain the full name, address, and telephone number of the
				applicant, a statement of how the applicant may be subject to relevant law, and
				a description of the opinion requested in sufficient detail to allow an opinion
				to be expressed on it.
(b) Only those advisory opinion requests received in the
				commission's office 10 or more days before the commission's next regularly
				scheduled commission meeting shall be considered at that meeting, unless the
				commission finds that a longer or shorter period of time is necessary.
(c) Advisory opinion requests may be amended or withdrawn by
				the applicant. If the commission finds that the commission lacks jurisdiction,
				the advisory opinion request shall be denied. If denied, a copy of the order
				denying issuance of an advisory opinion and stating the grounds for that denial
				shall be issued by the commission and caused to be served upon the applicant.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 3 - INVESTIGATIONS › Section 19-3-1 - Investigation

Current through Register Vol. 43, No. 28, July 11, 2024
The commission may authorize the executive director to
				investigate any matter required to be reported by any person under the relevant
				law, or any matter to which the relevant law applies irrespective of whether a
				civil penalty has been assessed or a complaint has been filed in relation to
				it. Whenever an investigation does not disclose facts sufficient to warrant
				further action, the commission may, for good cause, issue to the person or
				persons investigated a report concerning the findings of the commission.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 3 - INVESTIGATIONS › Section 19-3-2 - Reviews and audits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Reviews and audits may be conducted by the executive
				director of any matter which is required to be reported or filed under the
				provisions of relevant law. Such reviews and audits shall employ generally
				accepted auditing standards and provisions as adapted to relevant law. Such
				reviews and audits may include:
(1) identification of persons required to file statements,
				reports or other documents;
(2) desk review of filed statements, reports and other
				documents;
(3) review or confirmation of receipts, expenditures, gifts,
				honoraria or payments; and
(4) audits of records and accounts required to be maintained or
				to be made available to the com-mission.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 3 - INVESTIGATIONS › Section 19-3-3 - Preliminary inquiry

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever any matter is brought to the attention of a member of
				the commission or the executive director which appears to raise an issue of a
				violation of the relevant law, the executive director is authorized to conduct
				a preliminary inquiry on the issue of whether there are facts sufficient to
				support the appearance of a violation. At the conclusion of a preliminary
				inquiry, the executive director shall report to the commission. The commission
				shall thereafter determine whether further investigation is required.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 4 - NONCOMPLIANCE WITH FILING PROVISIONS › Section 19-4-2 - Notice on other statements, reports, or documents

Current through Register Vol. 43, No. 28, July 11, 2024
As soon as practicable, notice may be filed by the executive
				director as provided in   K.A.R. 19-1-8   on any person who has failed to file on
				the appropriate date any other statement, report or document required by
				relevant law. Notice may also be served on any person whose statement, report,
				or other document or amendments contains material errors or omissions. This
				notice may include a statement of the right or duty of the person served to
				amend the statement, report, or other document. In addition, the notice may
				state that the person may request a hearing under the same circumstances as
				those set forth in   K.A.R. 19-4-1(c).
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 4a - CIVIL PENALTY ASSESSMENT › Section 19-4a-1 - Civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any civil penalty assessment case under relevant law,
				the filing will be considered timely if deposited in the mail addressed to the
				office of secretary of state by certified or registered mail on or before the
				day it is due.
(b) Any person who is assessed a civil penalty for failing to
				comply with the registration, filing, and reporting provisions within five (5)
				days of notice may make written application for a waiver of the penalty within
				thirty (30) days after receipt of a civil penalty assessment order. Upon
				receipt of a written application for waiver, the commission shall schedule a
				public hearing within thirty (30) days in order to receive an explanation from
				the person as to why the document was not filed in a timely manner. Upon a
				finding of good cause, the commission may waive at any time any imposed civil
				penalty.
(c) If a person fails to pay a civil penalty within thirty (30)
				days of the final date on which a request for a waiver can be made, the
				commission shall forward this information to the attorney general or
				appropriate county or district attorney for collection.
(d) Civil penalties provided for in this section shall not be
				deemed the exclusive remedies for violations of relevant law.