reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-32 - Case management

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each community
			 services provider providing case management services shall perform the
			 following:
(1) Develop and implement policies
			 and procedures concerning the provision of case management services that are
			 consistent with the requirements of this regulation;
(2) provide those services in a manner
			 meeting all applicable requirements of this article; and
(3) ensure that all case management services
			 are provided by case managers who meet the following requirements:
(A) No case manager shall provide any other
			 direct service except case management services to any person receiving any
			 other type of direct service from the same agency that employs the case
			 manager;
(B) no case manager shall
			 be supervised by anyone directly responsible for the provision of any other
			 type of direct service provided to any person or responsible for supervision of
			 those services;
(C) each case
			 manager shall comply with the division's "rules of conduct for case managers
			 serving people with developmental disabilities," as adopted on October 25,
			 2003, and hereby adopted by reference;
(D) each case manager shall maintain
			 documentation that shows that within 90 calendar days of either the case
			 manager's initial employment or following an announcement by the division
			 posted upon the division's web site of a revision of the division's required
			 assessment, whichever comes later, the case manager has completed and passed
			 the required assessment that has been established by the division and that has
			 been included in the division's case management-related training; and
(E) each case manager shall have
			 the following documented qualifications:
(i)
			 A minimum of six months of full-time experience in the field of human services;
			 and
(ii) either a bachelor's
			 degree or additional full-time experience in the field of developmental
			 disabilities services, which may be substituted for the degree at the rate of
			 six months of full-time experience for each missing semester of college.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Words and
			 phrases used in this article shall have the same meanings as those set forth in
			 K.S.A.
			 39-1803 or as defined in article 63. In
			 addition, the following terms shall have the meaning ascribed to them in this
			 regulation:
(1) "home county" means, as
			 determined by the CDDO in accordance with the following listed order of
			 priority:
(A) the county of residence of a
			 family member of the person with a development disability;
(B) the county of residence of the person's
			 guardian; or
(C) the county in
			 which the person is living; and
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-10 - Currently established and recognized community mental retardation centers now recognized as community developmental disability organizations (CDDOs)

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each community
			 mental retardation center organized pursuant to the provisions of
			 K.S.A.
			 19-4001, et seq., currently established and
			 operating as of the effective date of this regulation, shall be recognized as a
			 CDDO. The CDDO shall have the same service area that the community mental
			 retardation center was previously recognized for.
(b) This regulation shall take effect on and
			 after July 1, 1996.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-11 - Establishment of new community developmental disability organizations (CDDOs)

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except in
			 compliance with this article, a new CDDO shall not be established if the
			 proposed service area is already being served by one or more existing CDDOs.
(b) Except in compliance with this
			 article, an existing CDDO shall not alter its existing service area to include
			 an area already being served by one or more existing CDDOs.
(c) Along with the proposal to establish a
			 new CDDO, anyone proposing the establishment of a new CDDO shall submit an
			 application for a license for the CDDO to operate as a provider of community
			 services in compliance with in article 63, unless the organization, corporation
			 or agency proposed as the new CDDO is already licensed, or unless the proposed
			 CDDO does not intend to provide community services itself.
(d) This regulation shall take effect on and
			 after July 1, 1996.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-12 - Application for approval of a proposal to establish a new community developmental disability organization or to realign the service area of one or more existing CDDOs; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Anyone
			 proposing the establishment of a new CDDO, or the realignment of the service
			 area of any existing CDDO, shall apply for approval of the proposal to the
			 commissioner in writing. The application shall include the following:
(1) A description of the service area or
			 areas to be created;
(2) a copy of
			 the establishing resolution or resolutions adopted pursuant to
			 K.S.A.
			 19-4001, and amendments thereto, by the
			 affected board or boards of county commissioners;
(3) a statement of the problems thought to
			 exist with the current structure of community services for persons with
			 developmental disabilities within that service area or areas and how the new or
			 realigned CDDO or CDDOs will address those problems;
(4) a description of what specific services
			 the new or realigned CDDO or CDDOs will provide;
(5) a plan for how any other services needs
			 of the proposed service area will be met;
(6) a description of the planned structure of
			 governance, organization, staffing, and fiscal management procedures that will
			 be used by the new or realigned CDDO;
(7) a long-range financial plan detailing how
			 the new or realigned CDDO proposes to finance itself during the initial
			 five-year period;
(8) a statement
			 of the anticipated fiscal and service impacts that this new or realigned CDDO
			 will have on all other affected service areas of the state;
(9) an endorsement of the proposal by the
			 governing board or boards and chief executive officer or officers of any
			 affected existing CDDOs, or an explanation of why an endorsement has not or
			 cannot be obtained; and
(10)
			 written comments received from the public and a summary of public comments made
			 at a public hearing held for the purpose of receiving comments concerning the
			 proposal. The commission shall have been consulted in advance of this public
			 hearing, and approval of the process to be used for obtaining public comments
			 shall have been given by the commission. Any process for obtaining public
			 comments shall contain a method for notifying all existing CDDOs and licensed
			 community service providers that operate in the service area or areas to be
			 affected by the proposal.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-13 - Approval or disapproval of a proposal to establish a new community developmental disability organization or to re-align the service area of one or more existing CDDOs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before the
			 approval or disapproval of a proposal to establish a new CDDO, or to re-align
			 the service area of one or more existing CDDOs, the materials submitted as
			 required by K.A.R. 30-64-12 shall be reviewed by the commission. Additional
			 comments from any of the following may be received or sought out as the
			 commission deems appropriate:
(1) consumer
			 and advocacy organizations or representatives;
(2) other interested individuals and
			 agencies; and
(3) licensed
			 providers in and near the proposed new or re-aligned service area or areas.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-20 - Contracting community developmental disability organizations; requirements; enforcement actions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each CDDO
			 established according to this article desiring to contract with the secretary
			 pursuant to the provisions of the developmental disabilities reform act,
			 K.S.A.
			 39-1801 et seq., and amendments thereto,
			 shall comply with the provisions of this article.
(b) Any CDDO having entered into a contract
			 with the secretary, but failing to maintain compliance with the provisions of
			 this article or with the provisions of the contract, may be subject to one or
			 more of the following enforcement actions:
(1) The requirement of a corrective action
			 plan, approved by the commission, with specific corrective or improvement
			 activities identified and implemented, measurable outcomes, and implementation
			 timelines;
(2) the requirement of
			 a peer review process, approved by the commission, with specific review and
			 improvement activities identified and implemented, measurable outcomes, and
			 implementation timelines;
(3)
			 suspension of part or all of the payments provided for in the contract until
			 the violation is corrected;
(4)
			 civil penalties in an amount not to exceed $125.00 per day for each violation
			 from a specified date forward until the CDDO complies; or
(5) cancellation of the contract.
The contract may specifically provide for any or all of the
				penalties specified in this subsection.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-21 - Procedures applicable to the service area; development by the CDDO

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The governing
			 board of each CDDO desiring to contract with the secretary shall develop
			 written procedures, subject to approval by the commissioner, which shall
			 specify how the requirements of this article will be met within that service
			 area by the CDDO, and if applicable, by affiliating providers. These procedures
			 shall include provisions which allow any affiliating provider which employs 20
			 or more direct care employees to contract with the department for direct
			 payment in lieu of receiving payments from the CDDO.
(b) At least 30 days before final adoption,
			 the governing board shall present these procedures to the service area's
			 council of community members organized pursuant to K.A.R. 30-64-22(a)(3), who
			 may provide written comment upon them to the board. The board shall include any
			 comments by the council with the procedures when the procedures are submitted
			 to the commissioner.
(c)
(1)
(A) At
			 least 30 days before final adoption, the governing board shall present these
			 procedures to interested parties and the public at a public hearing held for
			 the purposes of receiving comments upon these procedures; or
(B) other means may be used to solicit and
			 receive comments about these procedures from interested parties and the public
			 at least 30 days before final adoption.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-22 - Implementation responsibilities of CDDOs

Current through Register Vol. 43, No. 28, July 11, 2024
Each contracting CDDO shall perform the following:
(a) Implement the approved service area
			 procedures specified in K.A.R. 30-64-21;
(b) collect and report to the secretary, in a
			 manner specified by the commission, all information requested by the
			 commission, including the following:
(1)
			 Information required by the basic assessment and services information system
			 (BASIS);
(2) copies of the plans
			 of care detailing home-and community-based services to be provided to persons
			 served by that program;
(3) copies
			 of independent financial audits obtained by the CDDO, as well as any management
			 letters generated as a result of the audits; and
(4) any other information or records the CDDO
			 has that the commission needs in order to monitor how services are provided in
			 the CDDO's service area;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-23 - Single point of application, determination, and referral

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO shall develop and implement policies and procedures by which
			 the CDDO shall act as the single point of application, eligibility
			 determination, and referral for persons desiring to receive either information
			 about community services or these services within the service area of that
			 CDDO. Procedures shall be established for the following:
(1) Distributing, completing, accepting, and
			 processing the uniform statewide application for community services, as
			 published by the commission;
(2)
			 determining if the applicant meets the definitional criteria to be considered a
			 person with a developmental disability as defined in
			 K.S.A.
			 39-1803, and amendments thereto;
(3) impartially informing a person of the
			 types and availability of community services provided within the service area
			 and of the licensed providers and other agencies existing within the service
			 area that the CDDO has been advised might be willing to provide services to the
			 person, and the way to contact those licensed providers or other agencies;
(4) impartially assisting a person
			 in deciding which community services the person may wish to obtain or would
			 accept within the next year from the date of the person's application;
(5) impartially assisting a person
			 in accessing the community services of the person's choice;
(6) maintaining a list of persons who have
			 made application to the CDDO for community services and have been determined
			 eligible, and allowing access to this list, except for the names of those
			 persons who have requested that their names be kept confidential by the
			 licensed providers in the service area who have entered into affiliation
			 agreements with the CDDO; and
(7)
			 ensuring that when any person receiving any services expresses a desire to
			 consider changing service providers, that person is referred directly and only
			 to an individual who is not involved in the delivery of any service, has no
			 involvement in any dispute about the person's current services, and honors the
			 confidentiality of the person considering a change in service providers. The
			 individual shall supply to the person and the person's guardian information
			 about the types and availability of community services within the service area
			 and assist the person in accessing alternative service providers.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-25 - Uniform access to services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO shall implement a plan, developed in coordination with the
			 CDDO's affiliates, that results in services being offered and provided in a way
			 that does not discriminate against any person because of the severity of each
			 person's disability.
(1) The plan may require
			 all community service providers to serve all persons regardless of the severity
			 of each person's disability.
(2)
			 The plan may allow individual community service providers to specialize in
			 services, if all persons are offered appropriate services without regard to the
			 severity of each person's disability.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-26 - Quality enhancement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO shall ensure that each service provided by the CDDO or by any
			 affiliate shall be:
(1) provided as specified
			 within, and in a manner that is responsive to, the person-centered support plan
			 under which that service is being provided;
(2) provided in a manner that offers
			 opportunities of choice to the person being served; and
(3) performed in a manner that ensures that
			 all of the person's rights are observed and protected.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-27 - Quality assurance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO shall ensure the quality of the services being provided to
			 persons being served by the CDDO or by an affiliate. Ensuring quality shall
			 include providing for on-site monitoring by a local committee made up of
			 persons served, their families, guardians, interested citizens, and providers.
			 The type and intensity of on-site review shall be determined by the local
			 committee and shall include at least a determination of all of the following:
(1) Services that are paid for are delivered.
(2) Services that are delivered
			 are paid for in accordance with the terms of any agreement or contract in
			 force, including any payment requirement that the person being served or a
			 third party acting on behalf of the person being served has the responsibility
			 to meet.
(3) Services are being
			 provided in a manner meeting applicable requirements provided for in article
			 63.
(4) The CDDO or affiliate is
			 affording the person being served all of the person's legally protected rights.
(5) The CDDO or affiliate meets
			 both of these requirements:
(A) Is reporting
			 any suspicions of abuse, neglect, or exploitation to the appropriate state
			 agency; and
(B) has corrected or
			 is actively in the process of correcting the cause of any confirmed violation.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-28 - Continuity and portability of services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO shall ensure both of the following:
(1) That each person who has applied for,
			 accepted, and begun receiving community services continues to receive services
			 consistent with the person's person-centered support plan, as long as state or
			 federal funding support for those services continues, or until the person or
			 the person's legal guardian, if one has been appointed, requests that services
			 be discontinued; and
(2) that if
			 the person moves from one service area to another and wants to continue
			 receiving community services, the level of state and federal financial support
			 utilized to provide services and supports for that person is transferred to the
			 person's new service area.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-29 - Gatekeeping

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each request
			 for admission to an ICF/MR or state institution shall be submitted to the CDDO
			 responsible for the county in which the person is currently residing. The CDDO
			 shall implement a procedure to review each request for admission to an ICF/MR
			 or state institution. The procedure shall result in the following:
(1) Determining whether or not the person
			 requesting admission has a developmental disability and is eligible for ICF/MR
			 services using procedures and standards specified by the commission;
(2) determining if ICF/MR placement is
			 consistent with the person's preferred lifestyle as determined consistent with
			 K.A.R. 30-63-21;
(3) informing the
			 person, the person's family, and the person's guardian if one has been
			 appointed, of all services or supports that are available or could be made
			 available within 90 days in or near the person's home county, and of the
			 person's rights pursuant to the developmental disabilities reform act and
			 implementing regulations, the content of which shall be approved by the
			 commission;
(4) offering to
			 provide or arranging to provide these services or supports; and
(5) providing the commission with the results
			 of items stipulated in (a)(1) through (a)(4) of this subsection for each person
			 who requests admission to an ICF/MR or state institution, using forms specified
			 by the commission, within 15 days of receiving information necessary to
			 determine eligibility and preferred lifestyle.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-30 - Statewide service access list

Current through Register Vol. 43, No. 28, July 11, 2024
Each contracting CDDO shall ensure that each person who has
				applied for services, been determined eligible for services, and agreed to
				accept services within the next year following the date of the person's
				application, but who cannot now be provided those services by either the CDDO,
				or any affiliate, because the maximum number of persons to be served as
				established in the contract with the secretary are already being served, or
				because supporting funding is not available, will receive the following
				services:
(a) Be assisted in the
			 person's current setting by any means the CDDO can provide within existing
			 resources in order to avoid as much as possible a crisis from developing until
			 services can be arranged to be provided by the CDDO or an affiliate;
(b) be referred to other community agencies
			 that may be able to provide any type of support or assistance appropriate to
			 the needs of that person until services can be arranged to be provided by the
			 CDDO or an affiliate;
(c) be
			 reported to the secretary as waiting to access services in accordance with the
			 division's policy governing service access lists; and
(d) be contacted at least annually from the
			 initial application date to determine the continued need for services.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-31 - Council of community members

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A council of
			 community members organized according to K.A.R. 30-64-22(c) shall meet these
			 criteria:
(1) Consist of a selected number of
			 individuals, a majority of whom shall be made up of representatives from each
			 of the following two categories:
(A) Persons
			 with a developmental disability; and
(B) family members or guardians of a person
			 with a developmental disability;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-32 - Dispute resolution

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO, in conjunction with the council of community members as
			 specified in K.A.R. 30-64-31, shall develop and implement a dispute resolution
			 procedure that shall provide persons being served by the CDDO, or by any
			 community service provider affiliated with that CDDO, with a means for
			 resolving disputes that may arise between the following:
(1)
(A) The
			 person;
(B) the person's legal
			 guardian, if one has been appointed; or
(C) other individuals from the person's
			 support network; and
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 64 - DEVELOPMENTAL DISABILITIES-COMMUNITY DEVELOPMENTAL DISABILITY ORGANIZATIONS (CDDOs) › Section 30-64-33 - Fiscal management

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 contracting CDDO shall expend the funds received pursuant to its contract with
			 the secretary only in accordance with the terms of that contract and this
			 article.
(b) A contracting CDDO
			 shall not use funds received through this contract to supplant funds previously
			 received from local tax levies made pursuant to
			 K.S.A.
			 19-4004, and amendments thereto.
(c) A contracting CDDO shall not transfer
			 funds received through this contract from the CDDO to any other entity, except
			 as authorized by that contract, or as otherwise expressly authorized in
			 advance, in writing, by the department.
(d) All funds received by a contracting CDDO
			 shall be subject to audit and review by the department.
(e) This regulation shall take effect on and
			 after July 1, 1996.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 65 - MENTAL RETARDATION DEVELOPMENTAL DISABILITY PROVIDER REVOLVING FUND › Section 30-65-1 - Eligible providers, loans, interest, repayment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Only providers
			 of mental retardation or developmental disability (MR/DD) services otherwise
			 recognized and approved pursuant to MR/DD programs administered by the
			 department of SRS shall be eligible to participate in the MR/DD provider
			 revolving fund program.
(b) Loans
			 issued under this program shall not exceed the equivalent of the reimbursable
			 sums which would be allowed for the particular services provided over a period
			 of time not to exceed four months.
(c) Interest shall not be charged to the
			 provider on any sums loaned.
(d)
			 Each loan shall be repaid in accordance with the terms and conditions specified
			 in that particular loan agreement, but in no case shall the term during which
			 repayment is to be made exceed twice the length of time upon which the loan
			 amount was calculated. If any provider becomes in arrears or in default on the
			 provider's repayment, then those arrearages or unpaid sums may be offset and
			 deducted by the department from any future reimbursement or grant awards due to
			 the provider from the department.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 65 - MENTAL RETARDATION DEVELOPMENTAL DISABILITY PROVIDER REVOLVING FUND › Section 30-65-2 - Loan application, approval

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any eligible
			 provider may make application for a loan under this program by submitting the
			 designated loan application form to the department. Each application shall:
(1) Specify the individually named client who
			 would be served with the proceeds of the loan;
(2) specify the amount of the loan sought and
			 the services upon which it is based;
(3) include a proposed repayment schedule;
(4) be signed by an authorized
			 official of the provider; and
(5)
			 be accompanied by any additional information that may be required upon the
			 application form, or that may be necessary to adequately explain the nature of
			 the loan.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 65 - MENTAL RETARDATION DEVELOPMENTAL DISABILITY PROVIDER REVOLVING FUND › Section 30-65-3 - Loan agreement, proceeds availability

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each loan
			 approved by the department shall be evidenced by a loan agreement signed by the
			 secretary and an authorized official of the provider. The agreement shall be on
			 a form approved by the department for such purposes and shall specify:
(1) The loan amount;
(2) the repayment schedule; and
(3) other terms and conditions which may be
			 appropriate.
Kansas Administrative Regulations › Agency 35 - STATE SALVAGE BOARD › No Articles in Agency › Section 35 - Abolished

Current through Register Vol. 43, No. 28, July 11, 2024
Effective August 15, 1975, the state salvage board was abolished and its powers and duties transferred to the secretary of transportation. At the secretary's request, the board's regulations were transferred to agency 36, article 27.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-28 - Special vehicle combinations

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Notwithstanding any other regulation, special vehicle combination permits may
			 be issued for a combination of vehicles which exceeds the size and length
			 restriction requirements in
			 K.S.A.
			 8-1904 and amendments thereto.
(b) A "special vehicle combination" for the
			 purposes of these regulations means a truck-tractor semitrailer-trailer-trailer
			 combination of vehicles. A trailer may consist of a converter dolly and a
			 semitrailer. No converter dolly shall be pulled behind the third trailer. A
			 "special vehicle combination" shall hereby be referred to as "SVC" and the
			 Kansas department of transportation shall hereby be referred to as "KDOT."
(c) Any applicant/owner who
			 applies for an annual SVC permit shall furnish the following before the permit
			 may be issued:
(1) a description of the
			 applicant/owner's training and supervisory programs for drivers;
(2) a description of the applicant/owner's
			 shop facilities and maintenance programs for equipment;
(3) a description of the applicant/owner's
			 compliance with driver qualification standards;
(4) a description of the applicant/owner's
			 safety program;
(5) a list of
			 vehicles for which permits are being applied for including model and vehicle
			 identification numbers;
(6) a list
			 showing the names of drivers to be certified; and
(7) the necessary maps showing all route
			 information to and from the applicant/owner's terminal.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-29 - Violations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The Kansas
			 highway patrol and any local law enforcement agency (enforcement agency) have
			 the authority to enforce the provisions of these SVC regulations.
(b) In the event any SVC does not comply with
			 the restrictions as specified in K.S.A. 1989 Supp.
			 8-1908, the enforcement agency has
			 the discretionary authority to request the driver to shift or remove any
			 portion of the load or to adjust the configuration in order to bring the SVC
			 into compliance.
(c) The
			 enforcement agency may require the detaching of a trailer if the SVC or driver
			 is in violation of these rules and regulations. If one of the trailers is to be
			 detached:
(1) the SVC shall be driven to an
			 appropriate location as determined by the enforcement agency;
(2) provisions by the applicant/owner of the
			 SVC shall be made to have another truck-tractor sent to retrieve the detached
			 trailer; and
(3) all related
			 expenses and labor costs shall be the responsibility of the applicant/owner.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-30 - Cancellation of permit, hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever
			 the secretary cancels an annual SVC permit, the applicant/owner shall be
			 notified by certified mail, return receipt requested, at the address on the
			 application, of the following:
(1) the right
			 to a hearing;
(2) the right to be
			 represented by counsel of the applicant's own choosing at the hearing;
(3) that a written request for a
			 hearing must be filed with the secretary within 15 days of the date of mailing
			 of the order of cancellation to the applicant/owner; and
(4) that the timely filing of the request
			 shall suspend the operation of the order of cancellation pending a hearing.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-31 - Equipment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 equipment on the SVC must conform with these regulations and those of the
			 federal motor carrier safety regulations, 49 C.F.R. 390 - 399, as in effect on
			 April 1, 1990 and adopted herein by reference. All equipment operated under the
			 annual SVC permit is subject to periodic field inspection to ensure continued
			 compliance with all equipment requirements.
(b) Power. All truck-tractors shall be
			 powered to provide adequate acceleration ability and hill climbing ability
			 under normal operating conditions, and to operate on level grades at speeds
			 compatible with other traffic. The ability to maintain a minimum speed of 40
			 miles per hour under normal operating conditions on any grade and to be able to
			 resume a speed of 40 miles per hour upon any grade on which the SVC is stopped
			 is required.
(c) Tires. All tires
			 shall be of the same size and construction (radial or non-radial). Tires must
			 be properly inflated for the load being carried. Each axle must have two tires
			 at each end of the axle, except for the steering axle.
(d) Fifth wheels. Every fifth wheel shall be:
(1) clean and lubricated with a light-duty
			 grease;
(2) located in a position
			 which provides adequate stability.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-32 - Operational procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Following
			 Distance. A minimum distance of 100 feet for every 10 miles per hour of speed
			 shall be maintained between an SVC and other vehicles except when overtaking
			 and passing.
(b) Lane of Travel.
			 An SVC must remain in the right hand lane except when passing another vehicle
			 traveling in the same direction or when emergency conditions exist.
(c) Disabled SVC. If an SVC is disabled for
			 any reason other than an accident, it should be parked as far off the traveled
			 way as possible. The KHP shall be notified as soon as possible, and the SVC
			 shall be removed from the roadway. All expenses and labor costs shall be
			 assumed by the applicant/owner.
(d) Cargo.
(1) All cargo shall be loaded to restrict any
			 movement or shifting of the contents during routine delivery, sudden braking
			 and other emergency maneuvers.
(2)
			 Transportation of the following specified hazardous material types and
			 quantities are prohibited:
(A) Any quantity
			 of a material within the hazard classes specified in
			 49 C.F.R.
			 172.504, Table 1 as in effect on December 31,
			 1990 and as defined in 49 C.F.R. 173 as in effect on December 31, 1990 both of
			 which are adopted herein by reference.
(B) Any material within the hazard classes
			 specified in 49 C.F.R.
			 172.504, Table 2 as in effect December 31,
			 1990 and adopted herein by reference, that:
(i) exceeds 55 gallons per package;
(ii) is transported in bulk
			 quantities in excess of a 3500 water gallon capacity.
(C) Is classified as a "Poison-Inhalation
			 Hazard" as defined in 49 C.F.R. 173.3a(b)(2) as in effect on December 31, 1990
			 and adopted herein by reference.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-33 - Insurance

Current through Register Vol. 43, No. 28, July 11, 2024
Every SVC operated under an annual SVC permit shall be covered
				by insurance of not less than $500,000.00 general liability and $50,000.00
				property damage.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-34 - Driver qualification standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each SVC
			 driver shall:
(1) possess a class A
			 chauffeur's or commercial driver's license (CDL) with all appropriate
			 endorsements.
(2) have a minimum
			 of two years combined experience driving a truck-tractor-semitrailer
			 combination;
(3) have at least one
			 year of experience in driving multiple trailer combinations; and
(4) have completed:
(A) a supervised SVC driver training program;
			 and
(B) a road test provided by
			 the employer company.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-35 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Carrier"
			 means the person, firm, or company who has been authorized by the Kansas
			 department of transportation to move oversize or overweight loads.
(b) "Convoy" means similar permitted loads
			 traveling together on the same section of highway.
(c) "Critical location" means a section of
			 highway on which, because of limited maneuverability, the driver must reduce
			 the speed of the transporting vehicle to a speed significantly less than that
			 of the prevailing traffic.
(d)
			 "Custom-harvesting operation" means a person, firm, partnership, association,
			 or corporation engaged in custom-harvesting operations, if a truck or truck
			 tractor is used to perform the following:
(1)
			 transport farm machinery, supplies or both, to or from a farm, for
			 custom-harvesting operations on a farm;
(2) transport custom-harvested crops only
			 from a harvested field to initial storage or to initial market locations; or
(3) transport agricultural
			 products produced by that owner or commodities purchased by that owner for use
			 on the farm owned or rented by the owner of that vehicle.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-36 - Common requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant moving an oversize or overweight load that is
				nondivisible may be issued a permit by the secretary to travel on highways
				under the jurisdiction of the secretary. If the secretary determines that a
				person has been granted a permit and has not complied with any provision of
				these regulations, the permit may be canceled, or the issuance of future
				permits to the applicant may be denied by the secretary, in accordance with the
				Kansas administrative procedures act.
(a) Application information. The application
			 for any permit shall be filed only by the individual or company that is doing
			 the actual transporting or by an authorized permit service. Individuals and
			 companies shown on the face of a permit shall be the only parties authorized to
			 use that permit. Transferring permits to parties other than those to whom the
			 permits were issued shall not be permitted. Permits shall be required in order
			 for the individual or company to cross any portion of the state highway system.
(b) Bridge restrictions. Oversize
			 loads shall not obstruct or impede traffic on any bridge for longer than five
			 minutes.
(c) Carrier
			 responsibility. Any applicant who accepts a permit issued by the secretary
			 shall be deemed to have agreed to the following conditions:
(1) to be knowledgeable of the laws contained
			 in K.S.A. 1996 Supp.
			 8-1911, as amended, and these
			 regulations;
(2) to hold the
			 secretary harmless, and to indemnify the secretary as immune from all suits,
			 claims or damages arising from the movement of vehicles; and
(3) to pay the secretary for damages to state
			 property caused by the permitted vehicle.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-37 - Maximum dimensions and gross weights

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following maximum dimensions and weights shall apply to annual permits.
(1) Dimensions:
Width 16 feet 6 inches
Length 126 feet
Height 15 feet
(2) Axle weights:
Single, non-drive axle 22,000 pounds
Single, drive axle 24,000 pounds
Tandem 45,000 pounds
Triple 60,000 pounds
Quad or more 65,000 pounds
(3) Weight:
Gross weight 120,000 pounds
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 1 - SPECIAL PERMITS, LOADS AND VEHICLES › Section 36-1-38 - Types of permits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Annual
			 permits. This permit allows for continuous movement of oversize or overweight
			 loads, special mobile equipment, manufactured houses, or modular sections of
			 buildings during daylight hours.
(1) The
			 annual permit shall be assigned to a specific power unit.
(2) This permit shall be valid for a period
			 of one year, beginning and ending as specified on the permit.
(3) The annual permit shall not be
			 transferable to any other company or vehicle.
(4) Movers operating with an annual permit
			 may deviate from the routes approved by the secretary only at the origin and
			 destination of their trip. Such a deviation shall be limited to using the
			 safest, shortest, and most direct roadways.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 2 - VEHICLES CARRYING EMERGENCY EQUIPMENT › Section 36-2-14 - Use of sirens

Current through Register Vol. 43, No. 28, July 11, 2024
All sirens used on vehicles traveling the public highways in
				Kansas shall be tested and approved by the American Association of Motor
				Vehicle Administration (AAMVA).
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 3 - HIGHWAY ENTRANCE PERMITS › Section 36-3-6 - Driveway permits

Current through Register Vol. 43, No. 28, July 11, 2024
Individuals desiring to construct or alter a driveway onto the
				state highway system shall be required to obtain a permit from the Kansas
				department of transportation. Under no circumstances shall an individual be
				permitted to perform any work on the state highway right-of-way until an
				approved copy of a highway permit agreement is received.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 4 - SADDLEMOUNTS AND TRANSPORTATION OF EMPTY TRUCKS › Section 36-4-8 - Saddlemounts, transportation of empty trucks

Current through Register Vol. 43, No. 28, July 11, 2024
Rules and safety regulations promulgated by the U.S. department
				of transportation found at 49 C.F.R. part 393.71 and in effect on October 11,
				1972, are hereby adopted by reference as the safety rules and regulations by
				the secretary.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 7 - STUD TIRES › Section 36-7-2 - Use of studded traction equipment permitted; definitions; limitations on use

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Definitions.
(1) "Vehicles" shall have the
			 meaning set forth at
			 K.S.A.
			 8-1485.
(2) "Highway" shall have the meaning set
			 forth at K.S.A. 8-1424.
(3) "Studded traction equipment" means any
			 device designed to be attached or placed on an automobile tire or small truck
			 tire for the purpose of increasing traction in snow, ice or other conditions
			 tending to cause a vehicle to skid. For purposes of this regulation "truck"
			 shall mean a vehicle registered with the Kansas department of revenue of a
			 gross vehicle weight of 12,000 lbs. or less. Depending on the design and
			 application, the device may cover all of the tire tread or a portion of the
			 tire tread at frequent intervals from the perimeter of the tire.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 11 - PUBLIC AND PRIVATE UTILITIES ON HIGHWAY RIGHT-OF-WAY › Section 36-11-6 - Utility accommodation policy

Current through Register Vol. 43, No. 28, July 11, 2024
Public and private utilities, including pipelines, shall be
				constructed, reconstructed and maintained (including chemical brush control and
				tree trimming) under, on or over any state highway right-of-way, including that
				acquired for controlled access facilities, only with the prior approval of the
				secretary of transportation. A highway permit agreement shall be obtained from
				the Kansas department of transportation. In the event of an emergency
				endangering the life, safety or welfare of the public, no prior approval or
				permit agreement shall be required.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 14 - INTERSTATE HIGHWAY SYSTEM; USE › Section 36-14-1 - Prohibition on the use of the interstate highway system by unauthorized vehicles, animals and pedestrians

Current through Register Vol. 43, No. 28, July 11, 2024
The use of the federal aid interstate highway system facilities
				in Kansas by pedestrians, bicycles, horse-drawn vehicles, animals led, driven
				or ridden, other nonmotorized traffic or motor driven cycles is prohibited.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-1 - Acquisition of real property for state highway purposes; relocation assistance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) 49 C.F.R.
			 Part 24, as of March 2, 1989, and all amendments thereto, is adopted by
			 reference.
(b) The provisions of
			 49 C.F.R. Part 24, as of March 2, 1989, and all amendments thereto, shall be
			 applicable to all acquisitions of real property by the department of
			 transportation for the state highway system including those acquisitions in
			 which federal funds are not available for or used in payment of acquisitions.
Kansas Administrative Regulations › Agency 36 - KANSAS DEPARTMENT OF TRANSPORTATION › Article 16 - HIGHWAY RELOCATION ASSISTANCE › Section 36-16-4 - Notice of appeal

Current through Register Vol. 43, No. 28, July 11, 2024
Any person aggrieved by a determination as to eligibility,
				under K.S.A. 58-3501 through
				58-3506 or these regulations, for
				a relocation assistance payment, or the amount of such payment, shall file a
				written notice of appeal with the secretary of transportation, or the
				secretary's designee. The written notice shall be filed within 60 days after
				having been advised of the payment, or of the determination as to eligibility
				for a payment, of which the aggrieved person complains. Any notice in writing
				received by the secretary or the secretary's designee, in a form as to indicate
				request for review or reconsideration of a determination for relocation
				assistance payments or eligibility, shall be considered a valid notice of
				appeal.