Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-9 - Procedure for reviewing and processing complaints of violations of standards of conduct

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Individuals and firms approved by the director as qualified
				vocational rehabilitation professionals and vendors under K.A.R. 51-24-1 et
				seq., shall be subject to disciplinary action for violation of the standards of
				conduct set forth in K.A.R. 51-24-8.
(b) Oral or unsigned complaints of violations of the standards
				of conduct shall be considered as informal complaints and shall be handled by
				the director or administrator as deemed appropriate.
(c) Complaints of standards of conduct violations that are in
				writing and signed by the complaining party shall be considered formal
				complaints.
(d) The following procedure shall be used to address formal
				complaints of standards of conduct violations:
(1) Each formal complaint of standards of conduct violations
				shall be in writing, signed by the complaining party and directed to the
				administrator. The complaint shall identify the vendor or professional
				complained of (hereinafter referred to as respondent), the nature of the
				violation and a statement of the facts constituting the violation.
(2) A copy of the complaint shall be sent by the administrator
				to each respondent by certified mail, return receipt requested. The complaining
				party shall be notified by the administrator of receipt of the complaint.
(3) Each respondent shall have 30 days from the date of the
				certified receipt to deliver to the administrator a factual written response to
				each particular of the complaint. If requested in writing by respondent before
				the expiration of the 30-day response time, one 30-day extension of time to
				file a response may be granted by the administrator. Failure to provide a
				timely written response to the administrator shall result in immediate
				suspension of the qualification of the respondent. This suspension shall remain
				in effect until the response is received or until appropriate hearing processes
				are completed.
(4) Each respondent shall cooperate fully with attempts at
				resolving the complaint. Cooperation shall include:
(A) responding fully and promptly to the administrator,
				administrative law judge or hearing officer concerning any questions on the
				subject of the complaint;
(B) providing copies of pertinent records, reports, logs, data
				or cost information; and
(C) attending meetings or hearings held by the administrator,
				administrative law judge or hearing officer on the subject of the complaint.
(5) Meetings with the complaining party and the respondent,
				individually or jointly, may be scheduled by the administrator prior to the
				appointment of an administrative law judge or hearing officer for:
(A) clarification;
(B) explanation;
(C) settlement of issues;
(D) obtaining information;
(E) instructing parties to the complaint; or
(F) to address the issues.
(6) Upon receipt of a response, the complaint and response
				shall be reviewed by the administrator and, within 30 days, a conclusion shall
				be reached by the administrator as to whether there is sufficient indication
				that respondent may have violated the standards of conduct.
(7) If the administrator concludes that there is not
				substantial indication that respondent violated the standards of conduct, the
				complaint shall be dismissed by the administrator. The complaining party and
				the respondent shall be notified by the administrator of the actions of the
				administrator and the reasons for the conclusions reached.
(8) If the administrator concludes that there is a substantial
				indication that respondent may have violated the standards of conduct, an
				administrative law judge or hearing officer shall be appointed by the director
				to hear the complaint. The administrative law judge or hearing officer shall
				conduct a hearing or hearings and make recommendations as to whether
				disciplinary action should be taken, and if so, recommend the degree and type
				of discipline warranted.
(9) Any evidentiary hearing conducted by the administrative law
				judge or hearing officer regarding the complaint shall be recorded verbatim by
				a certified shorthand reporter. If there is a decision not to discipline the
				respondent, the verbatim notes of the reporter shall not be transcribed.
				However, such notes shall be retained as part of the records of the division of
				workers compensation. If there is a decision to discipline the respondent, the
				recording of the hearing shall be transcribed and retained as part of the
				records of the division of workers compensation. Costs of the shorthand
				reporter shall be assessed to respondent if it is found discipline is
				warranted.
(10) If within 10 days the complaining party, respondent or
				administrator request a review of the recommendations of the administrative law
				judge or hearing officer, a review, de novo, shall be conducted by the director
				on the record of the hearing or hearings and the recommendations of the
				administrative law judge or hearing officer.
(11) Within 20 days after completion of the review, a decision
				shall be entered by the director which may either affirm, modify or reverse the
				decision of the administrative law judge or hearing officer. The director's
				determination shall be in writing, with copies sent to the:
(A) administrative law judge or hearing officer;
(B) administrator;
(C) complaining party; and
(D) respondent.
(12) Any action of the director shall be subject to judicial
				review in accordance with the act for judicial review and civil enforcement of
				agency actions, K.S.A. 77-601  et seq. and amendments thereto.