reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-5 - Designation of hearing examiner and notice of time and place of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon
			 receipt of a notice of appeal, the relocation assistance officer shall notify
			 the secretary or the secretary's designee, who may appoint a hearing examiner
			 to hear the appeal. The hearing examiner shall designate a time for the appeal
			 which is as early as is practicable and a place for the appeal which is
			 reasonably convenient to the appellant and the examiner.
(b) The secretary of transportation or the
			 secretary's designee may designate an attorney from the department of
			 transportation's legal staff to attend the hearing, cross-examine witnesses
			 testifying on behalf of the aggrieved person, and present testimony of
			 witnesses and documentary evidence related to or concerning the issues involved
			 in the hearing.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-6 - Notice of hearing and continuances

Current through Register Vol. 43, No. 28, July 11, 2024
The hearing examiner shall give notice of the time and place of
				hearing to the appellant or his attorney, by mail at least ten (10) days prior
				to the date of said hearing. The hearing examiner may, upon request and for
				good cause shown, continue or adjourn said hearing to a subsequent date or may
				move the hearing to a different place.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-7 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
On the date, and at the place and time stated in the notice of
				hearing, the person conducting the hearing shall call the hearing by reading
				the caption into the record. A record shall be made of all proceedings either
				by a recording device or by a qualified reporter. The hearing shall be
				conducted in such a manner as to give the appellant an opportunity to be heard
				upon relevant issues. The hearing examiner shall prepare a report containing a
				summary of the evidence and of the findings and recommendations and shall also
				prepare a proposed order containing the findings of fact and conclusions of
				law. The summary and proposed order shall be submitted to the secretary or the
				secretary's designee within 60 days of the conclusion of the hearing, for the
				approval of the secretary or the secretary's designee.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-16 - Housing replacement by the department of transportation as a last resort

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the
			 department cannot proceed to actual construction on a project because
			 comparable replacement sale or rental housing is not available, and the
			 department, or its authorized representative, determines that such housing
			 cannot otherwise be made available, it may take action that is necessary or
			 appropriate to provide housing. Funds authorized for the purpose of housing
			 replacement shall be used.
(b)
			 Unless the department or its authorized representative is satisfied that
			 replacement housing in accordance with the provisions of K.A.R. 36-16-1 is
			 available, no person shall be required to move from his or her dwelling because
			 of any state highway project or any county, township or city highway, road or
			 street project for which federal funds are made available under an agreement
			 between an agency of the federal government and the department acting for and
			 on behalf of any of the described governmental entities.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-18 - Department of transportation acting as agent for federal program

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever real property is acquired by the department at the
				request of a federal agency for a federal program or project, that acquisition
				shall be deemed an acquisition by the federal agency having authority over that
				program or project, and not an acquisition by the state of Kansas or the
				department.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-20 - Relocation assistance in programs receiving federal financial assistance

Current through Register Vol. 43, No. 28, July 11, 2024
The department, or its authorized representative may enter into
				contracts with any individual, firm, association, or corporation for services
				in connection with relocation assistance programs for displaced persons under
				K.A.R.
				36-16-1. Functions under
				K.A.R.
				36-16-1 may also be carried out through any
				federal, state or local governmental agency or instrumentality having an
				established organization for conducting relocation assistance programs. The
				department shall, whenever practicable in carrying out these relocation
				assistance activities use the services of state or local housing agencies, or
				other agencies having experience in the administration or conduct of similar
				housing assistance activities.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-21 - Applicable to counties, townships, and cities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 provisions of K.A.R. 36-16-1 et seq. apply to all acquisitions of real
			 property, and displacements of persons for:
(1) any county, township or city highway,
			 road or street, for which federal assistance is made available to that
			 government entity because of any contract between the department on behalf of
			 that governmental entity with a federal agency, under the provisions of K.S.A.
			 1981 Supp.
			 68-402b; or
(2) for which department funds are made
			 available though no federal funds are available or used in the acquisition of
			 that real property. The amount of relocation assistance and other payments made
			 to that displaced person shall not exceed the amount that would have been paid
			 that displaced person had federal assistance been made available or used for
			 the acquisition of that real property for that county, township or city
			 highway, road or street project. The department may deduct the amount of any
			 relocation assistance payments owed by that governmental entity described in
			 (1) above from any monies due that entity from the state or the department for
			 highway road or street purposes.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-1 - Performance bond to accompany license application or renewal; schedule; inventory; penalty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for or renewal of a license to own or maintain outdoor advertising
			 required by
			 K.S.A.
			 68-2236 shall be accompanied by a performance
			 bond in favor of the secretary of transportation conditioned that the applicant
			 shall well and truly abide by the laws of Kansas; including the provisions of
			 the highway advertising control act of 1972, all amendments thereof and all
			 regulations made pursuant thereto. The amount of the performance bond shall be
			 based on the number of signs owned or maintained in the state in accordance
			 with the following schedule:
(1) One to ten
			 signs ......$500.00
(2) Eleven to
			 fifty signs ......$2,000.00
(3)
			 Fifty-one or more signs ......$2,500.00
License renewals need not be accompanied by a new performance
				bond if a continuing bond has previously been submitted.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-3 - Licenses for outdoor advertising; permit number on sign

Current through Register Vol. 43, No. 28, July 11, 2024
From and after January 1, 1973, all signs erected or maintained
				along federal aid primary or interstate highways except signs described in
				section 3, paragraphs (b) and (c), of said highway advertising control act of
				1972 shall have attached thereto in the lower left hand corner the permit
				number of the permit issued for such sign. Such permit number shall be in block
				letters no smaller than three inches. Said numbers may be painted on or
				attached in any manner that is durable.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-5 - Licenses for outdoor advertising; disposition of fees

Current through Register Vol. 43, No. 28, July 11, 2024
The city clerk, city treasurer, or other city official having
				custody of outdoor advertising permit fees collected by a city shall forward
				such fees to the department of transportation not later than the 10th day of
				the calendar month immediately following the calendar month in which the fees
				were received by the city.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-6 - Repairs to signs; new signs

Current through Register Vol. 43, No. 28, July 11, 2024
From and after March 31, 1972, repairs to any sign in an
				adjacent area which receives repairs, the cost of which is in excess of sixty
				(60) percent of the replacement cost of such sign, in any given calendar year,
				shall constitute a new sign.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-7 - Signs beyond 660 feet from right-of-way prohibited; exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
The erection of outdoor advertising signs, displays or devices,
				outside of urban areas, beyond 660 feet from the nearest edge of the
				right-of-way, visible from the main traveled way of the system and erected with
				the purpose of their messages being read from the main traveled way, is
				prohibited, except the following:
(1)
			 directional and other official signs which meet the selection criteria and
			 conform to the standards established by the state highway commission.
(2) signs, displays and devices
			 advertising the sale or lease of the property upon which they are located.
(3) signs, displays and devices
			 advertising activities conducted on the property on which they are located.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-8 - Selection methods and criteria; directional and official signs and notices

Current through Register Vol. 43, No. 28, July 11, 2024
(A)
			 Application: The following standards apply to directional and official signs
			 and notices which are erected and maintained along the interstate and
			 federal-aid primary system with the intent of their message being visible from
			 the main traveled way of the system. These standards do not apply to
			 directional and official signs erected on the highway right-of-way.
(B) Definitions.
(1) "Directional and official signs and
			 notices," includes only official signs and notices, public utility signs,
			 service club and religious notices, public service signs and directional signs.
(2) "Official signs and notices"
			 means signs and notices erected and maintained by public officers or public
			 agencies within their territorial or zoning jurisdiction and pursuant to and in
			 accordance with direction or authorization contained in federal, state or local
			 law for carrying out an official duty or responsibility. Historical markers
			 authorized by state law and erected by state or local government agencies or
			 nonprofit historical societies may be considered official signs.
(3) "Public utility signs" means warning
			 signs, information signs, notices or markers which are customarily erected and
			 maintained by publicly or privately-owned public utilities, as essential to
			 their operations.
(4) "Service
			 club and religious notices" means signs and notices, whose erection is
			 authorized by law, relating to meetings of nonprofit service clubs of
			 charitable associations, or religious services, which signs do not exceed eight
			 (8) square feet in area.
(5)
			 "Public service signs" means signs located on school bus stop shelters, which
			 signs:
(a) Identify the donor, sponsor, or
			 contributor of said shelters;
(b)
			 Contain safety slogans or messages which shall occupy not less than sixty (60)
			 percent of the area of the signs;
(c) Contain no other message;
(d) Are located on school bus shelters which
			 are authorized or approved by city, county, or state law, regulation, or
			 ordinance and at places approved by the city, county, or state agency
			 controlling the highway involved; and
(e) May not exceed thirty-two (32) square
			 feet in area. Not more than one sign on each shelter shall face in any one
			 direction.
(6)
			 "Directional signs" means signs containing directional information about public
			 places owned or operated by federal, state or local governments or their
			 agencies; publicly or privately-owned natural phenomena, historic, cultural,
			 scientific, educational and religious sites; and areas of natural scenic beauty
			 or naturally suited for outdoor recreation, deemed to be in the interest of the
			 traveling public.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 17 - BILLBOARDS AND OUTDOOR ADVERTISING › Section 36-17-9 - Termination of legal non-conforming status; conditions; effect

Current through Register Vol. 43, No. 28, July 11, 2024
The legal non-conforming status of a sign may be deemed
				terminated upon the occurrence of one or more of the following conditions:
(a) Increase in sign size.
(b) Change in sign location.
(c) Addition or modification of lighting.
(d) Failure of an owner to
			 adequately maintain a sign or effect repairs on a damaged sign for a period in
			 excess of one year.
Upon a determination that the legal non-conforming status of a
				sign has ceased, the sign shall be subject to removal by the secretary of
				transportation without compensation.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 18 - LIGHTS ON HIGHWAY CONSTRUCTION AND MAINTENANCE VEHICLES › Section 36-18-4 - Lights on highway construction and maintenance vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
All highway construction and maintenance vehicles shall be
				equipped with amber lights which meet or exceed the standards approved and
				practices recommended by the society of automotive engineers standard J99, as
				of April, 1980, which are hereby adopted by reference.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 19 - STANDARD FOR SLOW-MOVING VEHICLE IDENTIFICATION EMBLEM › Section 36-19-9 - Standard for slow-moving vehicle identification emblem

Current through Register Vol. 43, No. 28, July 11, 2024
Rules, regulations, and specifications promulgated by the
				American society of agricultural engineers standard S276.3, as of December 31,
				1982, are hereby adopted by reference as the standards and specifications
				approved by the secretary.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 26 - RAILROAD GRADE CROSSINGS › Section 36-26-1 - Railroad grade crossings; stopping required

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
								K.S.A.
			 8-1553 requires that the drivers of certain
			 types of motor vehicles, before crossing at grade any track or tracks of a
			 railroad, shall stop such vehicle within 50 feet but not less than 15 feet from
			 the nearest rail of such railroad and while so stopped shall listen and look in
			 both directions along such track for any approaching train, and for signals
			 including active flashing light signals with or without gates or bells
			 indicating the approach of a train, and shall not proceed until the driver can
			 do so safely. After stopping as required and upon proceeding when it is safe to
			 do so, the driver of any vehicle shall cross only in such gear of the vehicle
			 that there will be no necessity for manually changing gears while traversing
			 such crossing and the driver shall not manually shift gears while crossing the
			 track or tracks. Following are the types of vehicles for which this regulation
			 applies:
(1) Every school or commercial bus;
(2) every motor vehicle
			 transporting any quantity of chlorine;
(3) every motor vehicle which, in accordance
			 with the regulations of the department of transportation, is required to be
			 marked or placarded with one of the following markings:
(A) Explosives A;
(B) Explosives B;
(C) Poison Gas;
(D) Flammable solid W;
(E) Radioactive;
(F) Flammable;
(G) Blasting agent;
(H) Nonflammable gas;
(I) Chlorine;
(J) Poison;
(K) Oxygen;
(L) Flammable gas;
(M) Combustible;
(N) Flammable solid;
(O) Oxidizer;
(P) Organic peroxide;
(Q) Corrosive; or
(R) Dangerous;
(4) every cargo tank motor vehicle, whether
			 loaded or empty, used for the transportation of any hazardous material as
			 defined in 49 C.F.R. 170 - 189;
(5) every cargo tank motor vehicle
			 transporting a commodity which at the time of loading has a temperature above
			 its flashpoint as determined by
			 49 C.F.R.
			 173.115;
(6) every cargo tank motor vehicle, whether
			 loaded or empty, transporting any commodity under an exemption issued in
			 accordance with 49 C.F.R.
			 107.101 -
			 107.123.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-1 - Unzoned industrial area

Current through Register Vol. 43, No. 28, July 11, 2024
(1) For the
			 purposes of this act an unzoned industrial area shall mean the land occupied by
			 the regularly used building, parking lot, storage or processing area of an
			 industrial activity, and that land within 1,000 feet thereof which is:
(a) Located on the same side of the highway
			 as the principal part of said activity.
(b) Not predominantly used for residential or
			 commercial purposes, and
(c) Not
			 zoned by state or local law, regulation or ordinance.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-2 - Locations under same certificate of compliance

Current through Register Vol. 43, No. 28, July 11, 2024
One application and one certificate of compliance may be
				approved by the beautification administrator for salvage storage locations
				within the same county and under identical ownership if all locations are
				identified on the application.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-3 - Transfers of ownership of certified locations

Current through Register Vol. 43, No. 28, July 11, 2024
When a transfer occurs in the ownership of a certified salvage
				storage location, the following will be required:
(a) If a transfer in ownership does not
			 constitute a change in the entire ownership, the owner or owners shall apply
			 for a correction of the owner records at no additional fee. Transfers of
			 ownership may include the following:
(1) The
			 addition of a partner to the business;
(2) the withdrawal of a partner from the
			 business or the sale and transfer of the interest of a partner; or
(3) ownership and operation of the business
			 by a surviving spouse, personal representative, heir, legatee of the deceased
			 owner or one or more of them.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-4 - Persons exempt from junkyard certificate of compliance

Current through Register Vol. 43, No. 28, July 11, 2024
Any person storing materials or equipment on property, located
				within 1,000 feet of the right-of-way of any public road, shall be exempt from
				obtaining a certificate of compliance if the materials or equipment are
				included in the following uses and categories:
(a) Any well drilling equipment purchased and
			 stored for its intended use, reconditioning or resale for its intended use; or
(b) Any farm machinery owned by
			 persons engaged in agriculture and intended for agricultural use. Inoperable
			 farm machinery stored by the owner for purposes of removing and reselling parts
			 to other persons or individuals shall be subject to the state salvage control
			 law.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-5a - Authority of the beautification administrator

Current through Register Vol. 43, No. 28, July 11, 2024
The beautification administrator of the department of
				transportation shall be the designated representative of the secretary of
				transportation for purposes of administering the provisions of the junkyard and
				salvage control act.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-6 - Inspection required for issuance of a certificate of compliance for junkyards created after May 4, 1967

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before
			 approval of any application for a certificate of compliance for junkyards
			 created after May 4, 1967, a physical inspection of the junkyard location shall
			 be made by the landscape architect of the department of transportation to
			 determine whether the junkyard is visible to motorists.
(b) A written report signed by the person
			 making the inspection shall be submitted to the beautification administrator of
			 the department, or the administrator's designated representative. The report
			 shall indicate whether screening the applicant's location is feasible. If
			 screening is deemed feasible, the report shall contain a recommendation for
			 either artificial or natural screening to be installed by the owner to conceal
			 the junkyard from the view of motorists on the road. Failure by the owner,
			 owners or operators to install the required screening within 90 days or within
			 any extension of time granted by the beautification administrator, shall be
			 grounds for revocation or suspension of the certificate of compliance.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-7 - Provisional certificates of compliance; junkyards created after May 4, 1967

Current through Register Vol. 43, No. 28, July 11, 2024
Upon written notice from the beautification administrator to
				the owner or operator of a junkyard created after May 4, 1967 of the screening
				required, a provisional certificate of compliance may be issued by the
				department to the owner. The provisional certificate shall be conditioned on
				the completed installation of the required screening within 90 days from the
				written notice. If inclement weather conditions interfere with the
				installation, an extension of time for the installation of the screening may be
				granted by the beautification administrator. Failure to install the required
				screening within 90 days, or within any extension of time granted by the
				administrator, shall be grounds for revocation or suspension of the provisional
				certificate of compliance pursuant to the provisions of K.S.A. 1986 Supp.
				68-2213, as amended by L. 1987,
				Ch. 263.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-8 - Periodic inspection of junkyard locations

Current through Register Vol. 43, No. 28, July 11, 2024
Periodic inspections of certified junkyards shall be made by
				the designated representatives of the beautification administrator to insure
				that they are being operated and maintained in accordance with the rules and
				regulations of the secretary of transportation. Any owner or owners of a
				junkyard not maintained or operated in accordance with rules and regulations of
				the secretary of transportation shall be notified by the beautification
				administrator in writing, by registered mail or certified mail, return receipt
				requested. The notice shall specify the required corrections to be made within
				30 days from receipt of the notice. Any owner who fails to make the corrections
				shall become subject to the provisions of
				K.S.A.
				68-2209. Failure to make the required
				corrections shall be grounds for revocation or suspension of the certificate of
				compliance in accordance with
				K.S.A.
				68-2213 and amendments thereto.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-9 - Types of screening approved

Current through Register Vol. 43, No. 28, July 11, 2024
Either artificial or natural screening may be used to conceal a
				junkyard from the view of motorists traveling on the road. All screening shall
				be of a type approved by the beautification administrator. The screening shall
				be serviceable as well as pleasing to sight. Screening may be effected by
				construction of a fence of metal, wood or other suitable material or by
				planting shrubs, trees or other types of natural screening or a combination of
				these methods as approved by the beautification administrator. When wooden
				planks or chain-link fence are installed at a junkyard location, the
				installation shall not permit the junkyard to be seen from the road by a
				motorist. Wooden planks shall be installed in such a manner that no storage in
				the junkyard can be seen from the road. Metal slats shall be interwoven into
				chain-link fence to the degree that no storage in the junkyard can be seen from
				the road. Either type of fencing must be of sufficient height to achieve the
				screening necessary and shall be of uniform height unless the beautification
				administrator approves a variation in such height.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-10 - Junkyards expanded

Current through Register Vol. 43, No. 28, July 11, 2024
Any junkyard which is altered, changed or enlarged after May 4,
				1967, so as not to conform to the junkyard and salvage control act, and is not
				made to conform to the act by its owner, shall constitute a public and private
				nuisance and shall be subject to abatement. This provision includes both
				junkyard locations subject to screening at state expense and locations created
				after May 4, 1967. Where an owner alters, changes or expands the junkyard
				location after May 4, 1967, the beautification administrator may recommend that
				additional screening be installed at the owners expense in lieu of the
				abatement proceedings.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-12 - Zoning policy

Current through Register Vol. 43, No. 28, July 11, 2024
Local government zoning ordinances or regulations affecting a
				salvage storage location shall not be abrogated or overruled by actions of the
				beautification administrator. Any owner with a storage location that was in
				existence prior to the passing of an ordinance or regulation forbidding use of
				the location for salvage storage shall be approved and certified by the
				administrator subject to salvage control regulations of the secretary of
				transportation. If at any time the owner or owners of a salvage storage
				location is required to abate and discontinue storage of salvage at a
				non-conforming location due to enforcement action brought about by a zoning
				authority, the certification of compliance shall be revoked by the
				beautification administrator. Any application for a certificate of compliance
				of a storage location, which, at the time of the creation of the location is
				not in conformance with applicable zoning ordinances or regulations of a local
				public authority, shall be denied by the beautification administrator.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 27 - JUNKYARD AND SALVAGE CONTROL › Section 36-27-13 - Determination of whether failure to make original or renewal application for a certificate of compliance or to pay annual certification fee was intentional

Current through Register Vol. 43, No. 28, July 11, 2024
When any person fails to make an original or renewal
				application for a certificate of compliance or to pay the annual certification
				fee within the time prescribed in
				K.S.A.
				68-2205; as amended by L. 1987, Ch. 263, a
				determination as to whether the failure was willful or intentional shall be
				made by the beautification administrator. If the administrator finds and
				determines that failure to apply or pay the annual certification fee within the
				time prescribed in
				K.S.A.
				68-2205; as amended by L. 1987, Ch. 263, was
				not willful or intentional, the penalty fee prescribed in
				K.S.A.
				68-2205; as amended by L. 1987, Ch. 263 shall
				not be assessed by the beautification administrator.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 28 - SERVICE BRAKES AND SECOND TOWED VEHICLES › Section 36-28-1 - Service brakes, second towed vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
When a combination of three (3) vehicles are connected by means
				of a tow bar mechanism, the second towed vehicle of the combination shall be
				equipped with service brakes acting on at least one (1) axle and shall be
				compatible to the equipment on the towing vehicle.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 29 - PAYMENT OF MOVING EXPENSES › Section 36-29-1 - Relocation and moving assistance

Current through Register Vol. 43, No. 28, July 11, 2024
Employees of the department who are transferred or relocated
				shall be reimbursed for moving expenses in accordance with the provisions and
				procedures established by the secretary of administration and set forth at
				K.A.R.
				1-16-2a through
				1-16-21.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 30 - CONSTRUCTION BIDDING PROCEDURES › Section 36-30-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
All definitions of terms relevant to this article shall be
				those which are set forth in the standard specifications for state road and
				bridge construction, 1980 edition, in subsections 101.01 through 101.77
				inclusive, which are adopted by reference.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 30 - CONSTRUCTION BIDDING PROCEDURES › Section 36-30-2 - Bidding requirements and conditions

Current through Register Vol. 43, No. 28, July 11, 2024
The rules and regulations set forth in the standard
				specifications for state road and bridge construction, 1980 edition,
				subsections 102.01 through 102.17 inclusive, shall govern the bidding procedure
				for contracts let by the secretary, and are adopted by reference. All current
				notices and revisions shall be applicable, and shall be included with the
				proposal form furnished to each prospective bidder.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 30 - CONSTRUCTION BIDDING PROCEDURES › Section 36-30-3 - Qualification of bidders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 prequalification committee composed of the director of operations, the bureau
			 chief of construction and maintenance, and the controller shall determine the
			 qualification rating for all prospective bidders, in accordance with the
			 special provisions set forth at K.A.R. 36-30-2.
(b) Any contractor dissatisfied by the
			 qualification rating of the committee may, within 10 days after its receipt,
			 request in writing a reconsideration of the rating. This request shall list
			 reasons for dissatisfaction.
(1) If a
			 supplemental qualification statement will more accurately reflect the
			 contractor's status, a supplemental statement may be filed along with the
			 request for reconsideration.
(2)
			 Upon receipt of the written request or supplemental qualification statement,
			 the committee shall notify the contractor of the date, time and place it will
			 reconsider the rating.
(3) The
			 contractor may be represented at the reconsideration, and shall have the
			 opportunity to be heard.
(4) Final
			 action on the reconsideration shall be taken within 30 days from the date of
			 receipt of the reconsideration request.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 30 - CONSTRUCTION BIDDING PROCEDURES › Section 36-30-4 - Sworn statement of bidders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A sworn
			 statement shall be executed by every bidder, or an agent of the bidder, on
			 behalf of each person, firm, association or corporation submitting a proposal,
			 certifying that the person, firm, association or corporation has not, either
			 directly or indirectly, entered into any agreement, participated in any
			 collusion, or otherwise taken any action in restraint of free competitive
			 bidding in connection with the contract. The sworn statement shall be in the
			 form of an affidavit, and shall be sworn to before a person who is authorized
			 by the laws of Kansas to administer oaths. The original of the sworn statement
			 shall be filed with the department when the proposal is submitted.
(b) Failure to submit a sworn statement
			 concerning collusion or restraint of free competitive bidding shall be grounds
			 for rejection of the proposal.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 30 - CONSTRUCTION BIDDING PROCEDURES › Section 36-30-6 - Award and execution of contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The rules
			 and regulations set forth in the standard specifications for state road and
			 bridge construction, 1980 edition, subsections 103.01 through 103.07 inclusive,
			 shall govern the award and execution of contracts let by the secretary, and are
			 adopted by reference.
(b) Partial
			 payment. The procedures set forth in the standard specifications for state road
			 and bridge construction, 1980 edition, subsection 109.07, shall govern the
			 terms and conditions under which the secretary may withhold a part of the
			 contract price from the contractor to assure that the provisions of the
			 contract will be fully satisfied, and are adopted by reference.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 30 - CONSTRUCTION BIDDING PROCEDURES › Section 36-30-7 - Authority of secretary

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A contract
			 may be awarded by the secretary when only one bid is received for a project or
			 projects, provided the bid is deemed reasonable and the contractor is deemed
			 reliable by the secretary.
(b)
			 This article shall not be construed to limit the authority of the secretary to
			 contract or refrain from contracting within the discretion given to the
			 secretary by law.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 31 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 36-31-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Adequate
			 evidence" means evidence sufficient to form the reasonable belief that a
			 particular act or omission occurred. In addition, a conviction, judgment, or an
			 admission regarding the causes in K.A.R. 36-31-2(a) shall constitute adequate
			 evidence.
(b) "Admission" means a
			 statement made by a contractor in a court, or before any public body or public
			 official, that the contractor committed a certain act or omitted to perform a
			 certain act.
(c) "Affiliate" means
			 contractors having a relationship such that:
(1) Any one of them directly or indirectly
			 controls or has the power to control another; or
(2) If the affected contractor is an
			 individual, any other contractor in which the affected individual is an
			 officer, director, or has controlling legal or beneficial financial interest,
			 until the individual's interest is severed from the other contractor.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 31 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 36-31-2 - Debarment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Cause. The
			 secretary may impose debarment upon a contractor for any of the causes listed
			 below:
(1) Conviction, judgment, or admission
			 of:
(A) fraud, collusion, or any criminal
			 offense in connection with obtaining, attempting to obtain, or performing a
			 contract let by the secretary or a subcontract of it;
(B) violation of federal or state anti-trust
			 statutes;
(C) embezzlement, theft,
			 forgery, bribery, perjury, falsification or destruction of records, making
			 false statements, receiving stolen property, and obstruction of justice;
(D) violation of any applicable
			 laws governing hours of labor, minimum wage rates, discrimination in wages, or
			 child labor; and
(E) violation of
			 any laws indicating a lack of business integrity or business honesty which
			 seriously and directly affect the present responsibility of the contractor to
			 public contracts or subcontracts of them.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 31 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 36-31-3 - Suspension

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Cause. The
			 secretary may impose suspension on a contractor when:
(1) adequate evidence exists so as to raise a
			 reasonable suspicion that any of the causes set forth in K.A.R. 36-31-2(a) are
			 present; and
(2) the decision of
			 the secretary is in the best interest of the state.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 31 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 36-31-4 - Effect on current contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 secretary may continue contracts or subcontracts in existence at the time a
			 contractor is debarred or suspended. A decision as to termination by the
			 secretary shall be made only after review of all the facts and circumstances
			 surrounding the debarment or suspension as they affect the responsibility of
			 the contractor.
(b) Contracts
			 shall not be renewed by the secretary once the contractor has been debarred or
			 suspended.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 31 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 36-31-5 - List

Current through Register Vol. 43, No. 28, July 11, 2024
The secretary shall maintain a list of all persons,
				partnerships, corporations, or associations who have been debarred or suspended
				in accordance with the procedures prescribed in this article. This list shall
				be made available for public inspection.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 31 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 36-31-6 - Contract authority

Current through Register Vol. 43, No. 28, July 11, 2024
This article shall not be construed to limit the authority of
				the secretary to contract or refrain from contracting within the discretion
				given to the secretary by law.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 32 - USE OF ROADSIDE FACILITIES › Section 36-32-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Authorized
			 representative or officer" means any individual person empowered by an
			 organization or group to enter into contract or agreements on behalf of such
			 organization or group.
(b) "Civic
			 or service organization" means any private non-profit organization which
			 provides social services for the general welfare of the public.
(c) "Department" means the Kansas department
			 of transportation.
(d) "Roadside
			 facility" means any rest area, park facility or picnic area under the
			 jurisdiction and supervision of the secretary of transportation. This shall
			 also apply to any structures or features such as entrances or exits, toilets,
			 and camping areas.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 32 - USE OF ROADSIDE FACILITIES › Section 36-32-2 - Use of roadside facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Roadside
			 facilities which are adjacent to Kansas roads shall be available to the
			 traveling public for rest, relaxation and historical information.
(b) The following restrictions shall apply to
			 the use of any roadside facility maintained by the department:
(1) Overnight camping shall be permitted for
			 one night only.
(2) Vehicles shall
			 not be parked in a manner which obstructs the roadside facility.
(3) Parking for more than 24 hours shall be
			 prohibited.
(4) Trucks and
			 equipment shall use temporary parking areas marked for that purpose.
(5) Civic and service organizations may be
			 permitted the use of roadside facilities to serve refreshments to the traveling
			 public on holidays with the following restrictions:
(A) Refreshments may not be sold.
(B) Donations may not be solicited.
(C) Signs advertising the service
			 shall not be permitted, except within the confines of the roadside facility.
(D) Placement of stands, serving
			 trucks or carts shall not obstruct the roadside facility.
(E) An authorized representative or officer
			 of the organization or civic group shall assume responsibility in writing for
			 use of the facility in accordance with these regulations, and shall be relieved
			 of the responsibility following a satisfactory inspection by a representative
			 of the department.
(6)
			 No person or persons shall engage in any activity or be a party to any activity
			 which would in any way obstruct the public from the use of any roadside
			 facility.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 36 - WIDTHS OF VEHICLES AND LOADS › Section 36-36-1 - Vehicle widths

Current through Register Vol. 43, No. 28, July 11, 2024
The total outside width of any vehicle, excluding side mounted
				rear view mirrors, shall not exceed the limits prescribed by
				K.S.A.
				8-1902, as amended by L. 1983, Ch. 41, Sec.
				1. The following devices shall be permitted to extend three inches out on
				either side of any vehicle, provided that an overall vehicle/load width of 108
				inches is not exceeded:
(a) Turn
			 signals;
(b) hand holds equipment;
(c) splash and spray suppressant
			 devices; and
(d) load-induced tire
			 bulge.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 37 - THE OILFIELD CERTIFICATION PROGRAM › Section 36-37-1 - Definition section

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Annual
			 certification fee" means the monetary amount which each company must pay in
			 order to become certified.
(b)
			 "Annual certification permit" means the official form that allows operation of
			 an OSR on state highways and which is valid only when signed by a
			 representative of KDOT and the applicant.
(c) "Bridge analysis" means the evaluation
			 process completed by KDOT bridge design section and staff to determine whether
			 to allow movement of an OSR.
(d)
			 "Holidays" means New Year's Day, Memorial Day, Independence Day, Labor Day,
			 Thanksgiving Day and Christmas Day.
(e) "Inventory number" means the number which
			 uniquely identifies that particular OSR as part of an applicant's inventory.
(f) "KDOT" means the Kansas
			 department of transportation.
(g)
			 "KHP" means Kansas highway patrol.
(h) "Local law enforcement agency" means the
			 area police department or enforcement agency having the responsibility for
			 enforcing the provisions of these regulations.
(i) "Oilfield servicing rig" means a vehicle,
			 which is self-propelled and used in well servicing, well clean-out, and
			 consisting in general of a mast, an engine for power, a draw works, and a
			 chassis permanently constructed or assembled for such purposes. All equipment
			 on the oilfield servicing rig shall be "reasonably non-divisible." An "oilfield
			 servicing rig" shall hereafter be referred to as "OSR."
(j) "OSR certification" means the process
			 each applicant must complete before being allowed to operate an OSR on any
			 state maintained highway.
(k)
			 "Place of business" means the location designated by an owner central to the
			 operation of each OSR.
(l)
			 "Reasonably non-divisible" shall, for the purpose of this section, mean all
			 necessary tools to be used in the servicing of a well.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 37 - THE OILFIELD CERTIFICATION PROGRAM › Section 36-37-2 - Violations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The KHP and
			 local law enforcement agencies shall enforce the provisions of these
			 regulations.
(b) The KHP or local
			 law enforcement agency shall halt the movement of an OSR and issue appropriate
			 fines if it determines that:
(1) an OSR does
			 not comply with these regulations;
(2) the annual certification permit cannot be
			 produced; or
(3) further movement
			 of the OSR will create an unsafe condition or may cause injury to the traveling
			 public.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 37 - THE OILFIELD CERTIFICATION PROGRAM › Section 36-37-3 - Requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an OSR
			 exceeds the standards defined in
			 K.S.A.
			 8-1902,
			 8-1904,
			 8-1908 and
			 8-1909, the applicant shall contact
			 KDOT to obtain an annual certification permit before operating the OSR on any
			 state highway.
(b) A certified OSR
			 shall operate only within a 100-mile radius of the designated place of
			 business.
(c) An OSR shall not be
			 allowed to cross any posted bridge or structure which has been restricted to an
			 axle, tandum, or gross weight that is less than the axle, tandum, or gross
			 weight of the OSR.
(d) No OSR
			 shall travel on the Interstate system.
(e) An oversize/overweight permit must be
			 obtained by the owner of any OSR moving outside a 100-mile radius from its
			 designated place of business or when moving an OSR which exceeds the maximum
			 axle or gross weight allowed in these regulations.
(1) The owner of an OSR which moves outside
			 the 100-mile radius from the designated place of business shall:
(A) Obtain an oversize/overweight permit form
			 from KDOT;
(B) Provide the
			 information listed on the form;
(C) Obtain approval from KDOT for the move;
			 and
(D) Pay the appropriate permit
			 fee.
If approval is by telephone, a copy of the oversize/overweight
				permit and the permit fee must be mailed to KDOT within 24 hours. A return trip
				shall be allowed on the original OSR permit, if the move can be made within
				seven calendar days.