reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 11 - PERSONAL AND FAMILY PROTECTION ACT › Section 16-11-5 - Application procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant for a license to carry a concealed handgun pursuant to the act shall
			 submit to the sheriff of the county in which the applicant resides a completed
			 application in accordance with
			 K.S.A.
			 75-7c05, and amendments thereto, and these
			 regulations.
(b) Except for
			 military applicants and their dependents, an applicant shall be considered to
			 be a resident of the state only if the applicant possesses either a valid
			 Kansas driver's license or a valid Kansas nondriver's identification
			 card.
(c) Within seven days of
			 receiving an application, each sheriff shall submit the following to the
			 attorney general:
(1) A copy of the
			 applicant's completed application for licensure; and
(2) the application fee established by
			 K.S.A.
			 75-7c05, and amendments thereto.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 11 - PERSONAL AND FAMILY PROTECTION ACT › Section 16-11-7 - Concealed carry signs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 the purposes of this regulation, the terms "state or municipal building,"
			 "state," and "municipal" shall have the meaning specified in K.S.A. 2013 Supp.
			 75-7c20, and amendments
			 thereto.
(b) No license issued
			 pursuant to or recognized under the personal and family protection act shall
			 authorize the licensee to carry a concealed handgun into any building other
			 than a state or municipal building if the building is conspicuously posted with
			 one of the following:
(1) Signs that include
			 the graphic in the document titled "buildings other than state and municipal
			 buildings: signage adopted by the Kansas attorney general," dated June 20,
			 2013, which is hereby adopted by reference; or
(2) signs posted in accordance with K.A.R.
			 16-13-1(d) .
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 11 - PERSONAL AND FAMILY PROTECTION ACT › Section 16-11-8 - Restraining order; effect of; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of this regulation, the
			 terms in this subsection shall be defined as follows:
(1) "Director" means the director of the
			 concealed carry unit of the attorney general's office.
(2) "Restraining order" means a court order
			 that meets all of the following requirements:
(A) Is issued by a Kansas district court or a
			 court in another state or jurisdiction that is entitled to full faith and
			 credit in this state;
(B) is issued
			 after a hearing at which the licensee received actual notice and had an
			 opportunity to participate;
(C)
			 restrains the licensee from harassing, stalking, or threatening an intimate
			 partner or the child of the licensee or intimate partner or engaging in other
			 conduct that would place an intimate partner in reasonable fear of bodily
			 injury to the partner or child; and
(D)
(i)
			 Includes a finding that the licensee represents a credible threat to the
			 physical safety of the intimate partner or child; or
(ii) explicitly prohibits the use, attempted
			 use, or threatened use of physical force against the intimate partner or child
			 that would reasonably be expected to cause bodily injury.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-1 - Scope

Current through Register Vol. 43, No. 28, July 11, 2024
The regulations in this article shall provide for the
				certification of, and shall set the standards for the services and programs
				required of, certified batterer intervention programs, including the
				following:
(a) Any certified batterer
			 intervention program providing the domestic violence offender assessment
			 pursuant to
			 K.S.A.
			 12-4509,
			 K.S.A.
			 21-5414,
			 K.S.A.
			 21-6604, or
			 K.S.A.
			 22-2909, and amendments thereto;
			 and
(b) any program operating or
			 providing services as a batterer intervention program, domestic violence or
			 abuse intervention program, or domestic violence educational program for those
			 convicted of a domestic violence-designated offense or as part of a diversion
			 agreement in a complaint alleging a domestic violence offense, as defined in
			 K.S.A.
			 21-5111 and amendments thereto.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Words or phrases used in this article or in the batterer
				intervention program certification act but not defined in this regulation shall
				have the same definition as specified in the batterer intervention program
				certification act or in
				K.S.A.
				21-5111, and amendments thereto. Each of the
				following terms, as used in this article, shall have the meaning specified in
				this regulation:
(a) "Batterer" means
			 any person who uses a pattern of abusive and coercive behavior to dominate and
			 control an intimate partner, a former intimate partner, a household member, or
			 a family member.
(b) "Continuing
			 education" means formally organized programs or activities that are designed
			 for and have content intended to enhance the knowledge, skill, values, ethics,
			 and ability to practice as an "agent or employee thereof," as defined by L.
			 2012, ch. 162, sec. 13 and amendments thereto.
(c) "Controlled substance" means any drug,
			 substance, or immediate precursor included in any of the schedules designated
			 in K.S.A.
			 65-4105,
			 65-4107,
			 65-4109,
			 65-4111, and
			 65-4113, and amendments
			 thereto.
(d) "Remedial or other
			 requirements" means either of the following:
(1) Completion of additional education or
			 training for agents or employees to address the concerns identified by the
			 attorney general; or
(2) changes to
			 the structure of the program to address the concerns identified by the attorney
			 general.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-3 - Training and continuing education

Current through Register Vol. 43, No. 28, July 11, 2024
Each holder of a temporary permit or certificate shall submit
				proof of training and continuing education hours to the attorney general for
				approval.
(a) Each batterer
			 intervention program agent or employee thereof shall meet the following
			 requirements:
(1) Complete the training as
			 required in "the essential elements and standards of batterer intervention
			 programs in Kansas," which is adopted in K.A.R. 16-12-4; and
(2) complete 12 hours of documented and
			 approved continuing education as required in "the essential elements and
			 standards of batterer intervention programs in Kansas," during each two-year
			 certification period. Continuing education hours accumulated in excess of the
			 requirement shall not be carried over to the next renewal period.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-4 - Program requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each holder of a temporary permit, initial certification, renewal
				certification, or certification reinstatement shall perform the following:
(a) Adopt and follow the standards, elements, and
			 other program requirements described in the document titled "the essential elements
			 and standards of batterer intervention programs in Kansas, revised on July 12, 2022,
			 by the Kansas attorney general's office, which is hereby adopted by reference except
			 for the acknowledgements, table of contents, philosophy and purpose, and theoretical
			 overview of batterer intervention programs; and
(b) submit the attorney general's document titled
			 "certified batterer intervention program statistical report" with the required
			 information. This document, revised on July 12, 2022, is hereby adopted by
			 reference. The "certified batterer intervention program statistical report" shall be
			 completed and submitted to the attorney general on or before January 5 and July 5 in
			 each year of certification or the first business day following these deadlines if
			 the deadlines fall on a weekend or state or federal holiday.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-5 - Domestic violence offender assessment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The document titled "Kansas attorney
			 general domestic violence offender assessment form," dated March 3, 2011, by
			 the Kansas attorney general is hereby adopted by reference. This document is
			 also known as "KDVOA."
(b) Except
			 as specified in subsection (c), the KDVOA shall be completed by one of the
			 following: an individual who is licensed to practice in Kansas as a
			 psychologist, baccalaureate social worker, master social worker, specialist
			 clinical social worker, marriage and family therapist, addiction counselor,
			 clinical addiction counselor, clinical marriage and family therapist,
			 professional counselor, clinical professional counselor, master's level
			 psychologist, or clinical psychotherapist.
(c) Any person who is not licensed as
			 provided in subsection (b) and who is completing the KDVOA as an employee of or
			 volunteer for a batterer intervention program before January 1, 2013 may
			 continue to complete these assessments on and after January 1, 2013 if the
			 person remains an employee of or volunteer for the same program and the program
			 remains a certified batterer intervention program. Whenever the person is no
			 longer an employee of or volunteer for the program in which the person was
			 employed or volunteering before January 1, 2013, the person shall not be
			 allowed to complete the KDVOA for any certified batterer intervention program
			 without meeting the license requirements in subsection (b).
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-6 - Temporary permit; application

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant seeking a temporary permit shall submit an
				application, on a form provided by the attorney general, to the attorney
				general. The completed application for a temporary permit shall include the
				following:
(a) The applicant's full
			 name and residential address;
(b)
			 the name under which the applicant intends to do business and the business
			 address;
(c) a statement of the
			 general nature of the business in which the applicant intends to
			 engage;
(d) a statement of the
			 education and work experience of the applicant and any agent or employee
			 thereof;
(e) a statement that the
			 applicant has met any other qualifications specified in "the essential elements
			 and standards of batterer intervention programs in Kansas," which is adopted in
			 K.A.R. 16-12-4;
(f) payment of the
			 temporary permit application fee of $50.00; and
(g) any other information, evidence,
			 statements, or documents necessary to determine the qualifications of an
			 applicant for temporary permit, including the following:
(1) A copy of completed certificates
			 documenting domestic violence-specific training hours for each agent or
			 employee thereof;
(2) proof of
			 current licensure for each agent or employee required to be licensed by the
			 behavioral sciences regulatory board; and
(3) a copy of the core curriculum to be used
			 in batterer intervention services.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-7 - Initial certification; application

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant seeking initial certification shall submit an
				application, on a form provided by the attorney general, to the attorney
				general. The completed application for initial certification shall include the
				following:
(a) The applicant's full
			 name and residential address;
(b)
			 the name under which the applicant intends to do business and the business
			 address;
(c) a statement of the
			 general nature of the business in which the applicant intends to
			 engage;
(d) a statement of the
			 education and work experience of the applicant and any agent or employee
			 thereof;
(e) a statement that the
			 applicant has met any other qualifications specified in "the essential elements
			 and standards of batterer intervention programs in Kansas," which is adopted in
			 K.A.R. 16-12-4;
(f) payment of the
			 initial application fee of $100.00; and
(g) any other information, evidence,
			 statements, or documents necessary to determine the qualifications of an
			 applicant for initial certification, including the following:
(1) A copy of completed certificates
			 documenting training hours as required by "the essential elements and standards
			 of batterer intervention programs in Kansas" for each agent or employee
			 thereof;
(2) proof of current
			 licensure for each agent or employee required to be licensed by the behavioral
			 sciences regulatory board;
(3) a
			 copy of the core curriculum to be used in batterer intervention
			 services;
(4) demonstration by the
			 applicant of attempts to establish a cooperative relationship with key
			 agencies, as described in "the essential elements and standards of batterer
			 intervention programs in Kansas," which is adopted in K.A.R. 16-12-4;
			 and
(5) a copy of release of
			 information and offender agreement forms.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-8 - Renewal certification; application

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant seeking renewal certification shall submit an
				application, on a form provided by the attorney general, to the attorney
				general. The completed application for renewal certification shall include the
				following:
(a) The applicant's full
			 name and residential address;
(b)
			 the name under which the applicant intends to do business and the business
			 address;
(c) a statement of the
			 general nature of the business in which the applicant intends to
			 engage;
(d) a statement of the
			 educational and work experience of the applicant and any agent or employee
			 thereof;
(e) a statement that the
			 applicant has met any other qualifications described in "the essential elements
			 and standards of batterer intervention programs in Kansas," which is adopted in
			 K.A.R. 16-12-4;
(f) payment of the
			 renewal application fee of $100.00; and
(g) any other information, evidence,
			 statements, or documents necessary to determine the qualifications of an
			 applicant for renewal certification that are required by the attorney general,
			 including the following:
(1) A copy of
			 completed certificates documenting continuing education hours as required by
			 "the essential elements and standards of batterer intervention programs in
			 Kansas" for each agent or employee thereof;
(2) a copy of completed certificates
			 documenting training hours as required in "the essential elements and standards
			 of batterer intervention programs in Kansas" for any new agent or employee not
			 included in a previous application for certification;
(3) proof of current licensure for each agent
			 or employee required to be licensed by the behavioral sciences regulatory
			 board; and
(4) demonstration by the
			 applicant of attempts to establish a cooperative relationship with key
			 agencies, as described in "the essential elements and standards of batterer
			 intervention programs in Kansas," which is adopted in K.A.R. 16-12-4.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-9 - Certification reinstatement; application

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant seeking certification reinstatement shall submit
				an application, on a form provided by the attorney general, to the attorney
				general. The completed application for certification reinstatement shall
				include the following:
(a) The
			 applicant's full name and residential address;
(b) the name under which the applicant
			 intends to do business and the business address;
(c) a statement of the general nature of the
			 business in which the applicant intends to engage;
(d) a statement of the education and work
			 experience of the applicant and any agent or employee thereof;
(e) a statement that the applicant has met
			 any other qualifications described in "the essential elements and standards of
			 batterer intervention programs in Kansas," which is adopted in K.A.R.
			 16-12-4;
(f) payment of the
			 reinstatement application fee of $100.00;
(g) a statement regarding the reason
			 requiring reinstatement of certification; and
(h) any other information, evidence,
			 statements, or documents necessary to determine the qualifications of an
			 applicant for reinstatement, including the following:
(1) A copy of completed certificates
			 documenting continuing education hours as required by "the essential elements
			 and standards of batterer intervention programs in Kansas" for each agent or
			 employee thereof;
(2) a copy of
			 completed certificates documenting training hours as required in "the essential
			 elements and standards of batterer intervention programs in Kansas" for any new
			 agent or employee not included in a previous application for
			 certification;
(3) proof of current
			 licensure for each agent or employee required to be licensed by the behavioral
			 sciences regulatory board; and
(4)
			 demonstration by the applicant of attempts to establish a cooperative
			 relationship with key agencies, as described in "the essential elements and
			 standards of batterer intervention programs in Kansas," which is adopted in
			 K.A.R. 16-12-4.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 12 - BATTERER INTERVENTION PROGRAM REQUIREMENTS AND CERTIFICATION › Section 16-12-10 - Evaluating and monitoring certified batterer intervention programs

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of evaluating and monitoring certified
				batterer intervention programs, the applicant, holder of a temporary permit, or
				holder of a certificate shall give the attorney general access to the
				following:
(a) The applicant's or
			 holder's program;
(b) observation
			 of groups or assessment services;
(c) offender and victim files, records, or
			 documents related to the provision of batterer intervention services;
(d) contact information of community members
			 or third parties who could provide information related to services provided in
			 the capacity of a batterer intervention program;
(e) offenders who are receiving or have
			 received services from the program;
(f) contact information for victims or family
			 members, with their written permission, associated with the offenders who are
			 receiving or have received services from the batterer intervention program;
			 and
(g) any other information
			 identified as necessary in evaluating and monitoring the program.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 13 - OPEN CARRY SIGNS › Section 16-13-1 - Open carry signs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purposes of this regulation, the terms "state or municipal building," "state,"
			 and "municipal" shall have the meaning specified in K.S.A. 2013 Supp.
			 75-7c20, and amendments
			 thereto.
(b) Signs posted in
			 accordance with K.A.R. 16-11-7 shall also prohibit the unconcealed carry of
			 firearms within a building to the extent allowed by law.
(c) Except as otherwise provided by law, it
			 shall be unlawful to carry an unconcealed firearm into a building that is
			 posted at each exterior entrance with a sign that meets the following
			 requirements:
(1) Contains the sentence "The
			 open carrying of firearms in this building is prohibited" with the word
			 "prohibited" printed in underlined boldface. The text shall be in black ink and
			 no smaller than the text in the document titled "open carry prohibited: signage
			 adopted by the Kansas attorney general," dated June 16, 2014, which is hereby
			 adopted by reference;
(2) has a
			 white background;
(3) has a red
			 border in the shape of an octagon that encloses the text specified in paragraph
			 (c)(1) and is no smaller than the border in the document titled "open carry
			 prohibited: signage adopted by the Kansas attorney general";
(4) contains no text or markings other than
			 the text and markings specified in this subsection;
(5) is visible from the exterior of the
			 building and is not obstructed by doors, sliding doorways, displays, or other
			 postings;
(6) is posted "at the eye
			 level of an adult," which shall mean that each sign is entirely between four
			 feet and six feet from the ground;
(7) is posted not more than 12 inches to the
			 right or left of all entrances to the building; and
(8) is legible. Each sign that becomes
			 illegible shall be replaced immediately.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-1 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant or registrant shall pay one of the following
				nonrefundable fees, as applicable, for registration of each place of business
				for which a registration is sought:
(a) Scrap metal dealer's initial registration
							 certificate................................................................
$350
(b) Annual renewal of a scrap metal dealer's
							 registration certificate...........................................
$350
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-2 - Initial application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 person seeking an initial registration certificate shall submit an application
			 that consists of the following:
(1) An
			 initial application form provided by the attorney general and fully completed
			 by the applicant;
(2) payment of
			 the initial registration certificate fee specified in K.A.R. 16-14-1 ;
			 and
(3) a copy of the applicant's
			 current state or federal government-issued photographic
			 identification.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-3 - Computation of time

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 computing any period of time prescribed by the scrap metal theft reduction act
			 or this article concerning registration, the day of the action 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 that day is a
			 Saturday, Sunday, or legal holiday, in which event the period shall include the
			 end of the next day that is not a Saturday, Sunday, or legal holiday.
(b) Unless otherwise specified in this
			 article, each of the following terms shall have the meaning specified in this
			 subsection:
(1) "Day" means calendar day and
			 not business day. Intermediate Saturdays, Sundays, and legal holidays shall be
			 included in the computation.
(2)
			 "Business day" means any day that is not a Saturday, Sunday, or legal
			 holiday.
(3) "Legal holiday" shall
			 include any day designated as a holiday by any Kansas statute or
			 regulation.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-4 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
Any applicant or registered scrap metal dealer may request a
				hearing on an order denying, suspending, or revoking that individual's
				application or registration by submitting a written request for a hearing to
				the attorney general's office within 15 days of the date of service of the
				order denying, suspending, or revoking the registration.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-5 - Notice of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
The time and place of each hearing shall be set at least 10
				days before the hearing. Notice of the hearing shall be provided to all
				parties.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-6 - Service of order or notice

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Service of an order or notice shall be made upon each party and, if any, each
			 party's attorney of record by delivering a copy of the order or notice to the
			 person to be served or by mailing a copy of the order or notice by first-class
			 mail to the person at the person's last known address. Service shall be
			 presumed if the attorney general, or the attorney general's designee, delivers
			 a written certificate of service. Delivery of a copy of an order or notice to a
			 person shall mean handing the order or notice to the person or leaving the
			 order or notice at the person's principal place of business or residence with a
			 responsible person who works or resides there. Service by mail shall be
			 complete upon mailing.
(b) Whenever
			 a party has the right or is required to perform an action within a prescribed
			 period after service of a notice or order and the notice or order is served by
			 mail, three days shall be added to the prescribed period.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-7 - Hearing procedure

Current through Register Vol. 43, No. 28, July 11, 2024
The following provisions shall apply at each hearing:
(a) The proceedings shall be conducted by the
			 attorney general or the attorney general's designee.
(b) To the extent necessary for full
			 disclosure of all relevant facts and issues, each party shall have the
			 opportunity to respond, present evidence and argument, conduct
			 cross-examination, and submit rebuttal evidence, except as restricted by a
			 limited grant of intervention or by the prehearing order.
(c) Nonparties may be given an opportunity by
			 the attorney general or the attorney general's designee to present oral or
			 written statements. Each party shall be given an opportunity to challenge or
			 rebut these statements. On motion of any party, the statements shall be
			 required by the attorney general or the attorney general's designee to be given
			 under oath or affirmation.
(d) The
			 hearing may occur by telephone or other electronic means, if each participant
			 in the hearing has an opportunity to participate in the entire proceeding while
			 it is taking place.
(e) The hearing
			 shall be recorded at the expense of the attorney general's office. The attorney
			 general's office shall not be required at its own expense to prepare a
			 transcript, unless required to do so by a provision of law. Any party, at the
			 party's expense and subject to any reasonable conditions that the attorney
			 general's office may establish, may cause a person other than the attorney
			 general's office to prepare a transcript from the record or cause additional
			 recordings to be made during the hearing.
(f) Each hearing shall be open to public
			 observation, except to the limited extent as determined by the attorney general
			 or the attorney general's designee, that it is necessary to close parts of the
			 hearing pursuant to any provision of law requiring confidentiality or expressly
			 authorizing closure.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-8 - Evidence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At each
			 hearing, the parties shall not be bound by technical rules of evidence, and the
			 parties shall have reasonable opportunity to be heard and to present evidence.
			 The attorney general or the attorney general's designee shall act reasonably
			 and without partiality. The rules of privilege recognized by law shall be
			 followed by the attorney general or the attorney general's designee. Evidence
			 shall not be required to be excluded solely because the evidence is
			 hearsay.
(b) All testimony of
			 parties and witnesses shall be given under oath or affirmation. The power to
			 administer an oath or affirmation for that purpose shall reside with the
			 attorney general or the attorney general's designee.
(c) Any statements presented by nonparties in
			 accordance with this article may be received as evidence.
(d) Any part of the evidence may be received
			 in written form if doing so will expedite the hearing without substantial
			 prejudice to the interests of any party.
(e) Documentary evidence may be received in
			 the form of a copy or excerpt. Upon request, the parties shall be given an
			 opportunity to compare the copy with the original if the original is
			 available.
(f) Official notice may
			 be taken of the following:
(1) Any matter
			 that could be judicially noticed in Kansas courts;
(2) the record of other proceedings before
			 the attorney general or the attorney general's designee;
(3) technical or scientific matters within
			 the specialized knowledge of the attorney general's office; and
(4) codes or standards that have been adopted
			 by an agency of the United States, of Kansas, or of another state or by a
			 nationally recognized organization or association.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-9 - Default

Current through Register Vol. 43, No. 28, July 11, 2024
If the party requesting a hearing defaults by failing to attend
				or participate in a hearing or any other stage of an adjudicative proceeding,
				the request for a hearing shall be dismissed and the order denying, suspending,
				or revoking the registration shall become final.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-10 - Submission of required information

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each scrap
			 metal dealer shall submit the information required by K.S.A. 2019 Supp.
			 50-6,110,
			 and amendments thereto, by entering the required information into the
			 database.
(b) Failure to timely
			 submit the information required by K.S.A. 2019 Supp.
			 50-6,110
			 and amendments thereto, shall be grounds for suspension of the scrap metal
			 dealer's registration pursuant to K.S.A. 2019 Supp.
			 50-6,112c,
			 and amendments thereto.
(c) Any
			 scrap metal dealer may submit a written application to the attorney general to
			 request additional time to comply with subsection (a). Each application shall
			 include documentation of one of the following:
(1) No satellite-based or land-based internet
			 service providers offer internet service to either the scrap metal dealer's
			 residence or the scrap metal dealer's place of business.
(2) Compliance with subsection (a) would
			 result in extreme hardship.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 14 - SCRAP METAL DEALERS' REGISTRATION AND HEARING PROCEDURE › Section 16-14-11 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article of the attorney general's regulations
				and in the scrap metal theft reduction act, K.S.A. 2019 Supp.
				50-6,109
				et seq. and amendments thereto, each of the following terms shall have the
				meaning specified in this regulation:
(a) "Database" means the online central
			 repository approved by the Kansas bureau of investigation to be used by each
			 scrap metal dealer to submit the information required by K.S.A. 2019 Supp.
			 50-6,110,
			 and amendments thereto.
(b)
			 "Licensed business" means a sole proprietorship, general partnership, limited
			 partnership, limited liability partnership, corporation, or limited liability
			 company that lawfully operates out of a fixed business location and that is
			 reasonably expected to generate regulated scrap metal at the fixed business
			 location in the ordinary course of business due to the nature of the products
			 or services offered.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 15 - BAIL ENFORCEMENT AGENT LICENSING › Section 16-15-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For purposes of these regulations, each of the following terms
				shall have the meaning specified in this regulation:
(a) "Attorney general" means the Kansas
			 attorney general and the attorney general's designees.
(b) "Authorization" means a registration,
			 certificate, permit, licensure, or other documented approval that allows an
			 applicant or a licensee to act as a bail enforcement agent or bounty hunter in
			 another jurisdiction.
(c)
			 "Conviction" means any of the following, whether the penalty has been imposed,
			 reduced, suspended, deferred, or otherwise withheld, unless the conviction has
			 been expunged:
(1) An unvacated adjudication
			 of guilt;
(2) a plea of guilty or
			 nolo contendere accepted by the court; or
(3) a deferred judgment or probation
			 agreement.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 15 - BAIL ENFORCEMENT AGENT LICENSING › Section 16-15-2 - Application for license

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as otherwise provided by law, each person wanting to engage in
			 activities as a bail enforcement agent, which is commonly known as a bounty
			 hunter, shall submit an application to the attorney general on the form
			 prescribed by the attorney general.
(b) The application shall be available
			 electronically on the attorney general's web site. A printed copy of the
			 application, the bail enforcement agent licensing act, and these regulations
			 may be obtained from the attorney general for a fee of $15.
(c) Each applicant shall meet the following
			 requirements:
(1) Complete the entire
			 application under penalty of perjury;
(2) have notarized those portions of the
			 application required to be notarized; and
(3) make complete and correct statements in
			 the application.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 15 - BAIL ENFORCEMENT AGENT LICENSING › Section 16-15-3 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The following
			 fees shall be submitted in full to the attorney general when required:
(1) An initial licensure fee of $200, less
			 the materials fee if that fee was previously paid;
(2) a renewal of licensure fee of $175, less
			 the materials fee if that fee was previously paid;
(3) in accordance with K.A.R. 16-15-2 or
			 16-15-4, a fee of $57 for the criminal history records check; and
(4) a materials fee of $15 if the applicant
			 or licensee requests a printed copy of any of the application or renewal
			 application materials before submitting an application.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 15 - BAIL ENFORCEMENT AGENT LICENSING › Section 16-15-4 - License renewal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 license issued under the bail enforcement agent licensing act may be renewed
			 every two years from the license issuance date.
(b) Fingerprints and the photographs of a
			 licensee shall not be required in a renewal application, unless these items
			 have already been on file with the attorney general for more than four
			 years.
(c)
(1) Each renewal application shall be
			 submitted on the form prescribed by the attorney general and shall be complete
			 before the license shall be eligible for renewal by the attorney
			 general.
(2) A renewal application
			 shall be deemed incomplete and shall not be considered for approval if the
			 applicant fails to include any of the following:
(A) All signatures and information required
			 by the renewal application;
(B)
			 payment of all required fees as provided in K.A.R.16-15-3 ; or
(C) all attachments required by the renewal
			 application.
(3) A
			 complete renewal application shall be deemed submitted according to either of
			 the following:
(A) If mailed, the date of the
			 last postmark on the complete renewal application; or
(B) if filed in person, the last file-stamped
			 date applied to the complete renewal application by the attorney
			 general.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 16 - SKILL DEVELOPMENT TRAINING COURSE › Section 16-16-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Campus police
			 officer" shall mean a school security officer designated by the board of
			 education of any school district pursuant to
			 K.S.A.
			 72-8222, and amendments thereto.
(b) "Law enforcement officer" and "police
			 officer" shall mean a full-time or part-time salaried officer or employee of
			 the state, a county, or a city whose duties include the prevention or detection
			 of crime and the enforcement of criminal or traffic law of Kansas or of any
			 Kansas municipality. These terms shall include a campus police
			 officer.
(c) "Law enforcement
			 officer primarily assigned to a school" shall mean any of the following:
(1) A campus police officer;
(2) a school resource officer; or
(3) a law enforcement officer jointly
			 designated by a superintendent and the head of a law enforcement
			 agency.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 16 - SKILL DEVELOPMENT TRAINING COURSE › Section 16-16-2 - Curriculum

Current through Register Vol. 43, No. 28, July 11, 2024
There is hereby created a skill development training course,
				which shall include the following curriculum:
(a) Information on adolescent
			 development;
(b) risk and needs
			 assessments;
(c) mental
			 health;
(d) diversity;
(e) youth crisis intervention;
(f) substance abuse prevention;
(g) trauma-informed responses; and
(h) other evidence-based practices in school
			 policing to mitigate student juvenile justice exposure.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 16 - SKILL DEVELOPMENT TRAINING COURSE › Section 16-16-3 - Training requirement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 law enforcement officer primarily assigned to a school and each superintendent
			 or superintendent's designee shall be required to successfully complete a skill
			 development training course, pursuant to K.A.R. 16-16-2, that has been
			 developed and either provided or authorized by the Kansas law enforcement
			 training center according to the following, whichever is later:
(1) On or before June 30, 2018; or
(2) within one year of being designated as a
			 law enforcement officer primarily assigned to a school or employed by a school
			 district as a superintendent or superintendent's designee.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 17 - COMMERCIAL DRIVER'S LICENSE: TRAINING IN HUMAN TRAFFICKING IDENTIFICATION AND PREVENTION › Section 16-17-1 - Training course approval for providers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of this regulation, "human
			 trafficking" shall have the meaning specified in K.S.A. 2017 Supp.
			 21-5426,
			 and amendments thereto, and shall include "commercial sexual exploitation of a
			 child" as specified in K.S.A. 2017 Supp.
			 21-6422,
			 and amendments thereto.
(b) No
			 person or entity shall provide a training course on human trafficking
			 identification and prevention pursuant to K.S.A. 2017 Supp. 8-2,157, and
			 amendments thereto, unless the office of the attorney general has issued a
			 letter of approval for that training course.
(c) Each person or entity seeking approval of
			 a training course on human trafficking identification and prevention shall
			 submit an application to the office of the attorney general, human trafficking
			 identification and prevention training approval, in Topeka, Kansas. The
			 application shall include at least the following information:
(1)
(A) The
			 name and address of the person or entity;
(B) the name and title of the person
			 submitting the application on behalf of the person or entity, with the person's
			 signature and a statement certifying that the information and materials
			 submitted will be used in the training course for which approval is being
			 sought; and
(C) the name, title,
			 and telephone number of the contact person for course approval matters;
			 and
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 18 - ELDER AND DEPENDENT ADULT ABUSE PREVENTION COUNCIL › Section 16-18-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				attorney general's regulations, shall have the meaning specified in this
				regulation:
(a) "ANE unit" means the
			 abuse, neglect, and exploitation of persons unit created in the office of the
			 attorney general pursuant to
			 K.S.A.
			 75-723, and amendments thereto.
(b) "Chairperson" means the person from the
			 ANE unit who serves as the council's chairperson.
(c) "Council" means the elder and dependent
			 adult abuse prevention council, which shall advise and may make recommendations
			 to the ANE unit and the attorney general.
(d) "Multidisciplinary team" and "MDT" mean a
			 group of individuals who have background, education, or experience in one or
			 more disciplines or fields of study in preventing, detecting, and investigating
			 abuse, neglect, or exploitation of elder or dependent adults.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 18 - ELDER AND DEPENDENT ADULT ABUSE PREVENTION COUNCIL › Section 16-18-2 - Membership; meetings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 elder and dependent adult abuse prevention council is hereby established by
			 this regulation. The council shall consist of the following members appointed
			 by the attorney general:
(1) A representative
			 from the ANE unit, who shall serve as the chairperson;
(2) a representative from the medicaid fraud
			 and abuse division of the attorney general's office;
(3) a representative from the consumer
			 protection division of the attorney general's office;
(4) a representative of the attorney general,
			 who shall serve as the prevention and education outreach coordinator;
(5) a representative of the attorney general,
			 who shall serve as the MDT and elder or dependent adult victim
			 coordinator;
(6) a representative
			 from the Kansas department for aging and disability services (KDADS), who shall
			 be appointed in consultation with and agreement of the secretary of
			 KDADS;
(7) a representative from
			 the Kansas department for children and families (DCF), who shall be appointed
			 in consultation with and agreement of the secretary of DCF;
(8) a representative from the Kansas
			 department of health and environment (KDHE), who shall be appointed in
			 consultation with and agreement of the secretary of KDHE;
(9) a representative of the governor, who
			 shall be appointed in consultation with and agreement of the
			 governor;
(10) a prosecutor from a
			 district attorney's office, who shall be appointed in consultation with the
			 Kansas county and district attorneys association;
(11) a county attorney, who shall be
			 appointed in consultation with the Kansas county and district attorneys
			 association;
(12) a law enforcement
			 officer or police officer certified by the Kansas commission on peace officers'
			 standards and training, who shall be appointed in consultation with the Kansas
			 sheriffs' association, the Kansas association of chiefs of police, or the
			 Kansas peace officers association;
(13) a representative from the medical
			 services industry who is experienced in matters involving elder or dependent
			 adult abuse;
(14) a representative
			 from the financial services industry who is experienced in maters involving
			 elder or dependent adult abuse;
(15) two representatives from advocacy
			 organizations who are experienced in the prevention of elder or dependent adult
			 abuse; and
(16) other individuals
			 as deemed necessary by the attorney general to serve on the council.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 18 - ELDER AND DEPENDENT ADULT ABUSE PREVENTION COUNCIL › Section 16-18-3 - Duties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The council
			 shall advise and may make recommendations to the ANE unit and the attorney
			 general to assist the ANE unit with the statutory duty of the ANE unit pursuant
			 to K.S.A. 2018 Supp.
			 75-723, and amendments
			 thereto.
(b) To fulfill its duties,
			 the council may perform the following:
(1)
			 Take testimony or gather and receive information;
(2) establish subcommitees or working groups
			 on particular topics, which may be composed exclusively of members of the
			 council or may, at the discretion of the chairperson, include persons who are
			 not members of the council;
(3)
			 assist in developing local or regional MDTs to prevent, detect, and investigate
			 abuse, neglect, or exploitation of elder or dependent adults;
(4) coordinate and engage in prevention
			 activities for education, outreach, and awareness, including the development of
			 a publicly available clearinghouse of information on elder or dependent adult
			 abuse prevention; and
(5) undertake
			 any other tasks as may be requested by the atorney general.
Kansas Administrative Regulations › Agency 16 - ATTORNEY GENERAL › Article 19 - VICTIM INFORMATION AND NOTIFICATION EVERYDAY ADVISORY BOARD › Section 16-19-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				attorney general's regulations, shall have the meaning specified in this
				regulation:
(a) "Board" means the
			 advisory board appointed by the attorney general.
(b) "Chairperson" means the VINE
			 coordinator.
(c) "VINE coordinator"
			 means the person appointed by the attorney general to oversee the
			 implementation and operation of the VINE system throughout the state.
(d) "VINE system" means the Kansas victim
			 information and notification everyday system, which allows victims of crime and
			 the general public to use the telephone, a mobile application, or the internet
			 to search for information regarding the custody status of an offender housed in
			 a Kansas county jail and to register to receive notification by telephone, text
			 message, or electronic mail, or any combination of these, whenever the
			 offender's custody status changes.