reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Counsel" means legal counsel admitted to practice before
				the supreme court of the state of Kansas or legal counsel duly licensed and
				admitted to practice law in another state, if counsel has complied with the
				Kansas supreme court rules governing admissions
pro hac
				vice
.
(b) "Court" means the court of tax appeals of the state of
				Kansas.
(c) "Judge" means any tax law judges or the chief hearing
				officer serving as a judge pro tempore pursuant to
				K.S.A.
				74-2433, and amendments thereto.
(d) "Party" means any of the following:
(1) A taxpayer, appellant, or applicant bringing or defending
				an action;
(2) a governmental unit bringing or defending an action;
(3) an intervenor permitted to intervene by the court;
				or
(4) a necessary person or entity joined by the court.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-3 - Service

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All court filings, including pleadings, motions, briefs,
				orders, decisions, notices, appearances, and any other similar documents
				relating to a case, shall be served on each of the parties. Service may be made
				by mail, facsimile, or electronic mail, unless a specific statute requires
				another manner of service. Postage or cost of service shall be borne by the
				person effecting service.
(b) Service on an attorney of record shall be deemed to be
				service on the party represented by that attorney. Service by mail shall be
				deemed complete upon mailing.
(c) The party responsible for effecting service shall endorse a
				certificate of mailing or service showing proof of compliance with these
				regulations. In the absence of this proof of compliance, a filing may be
				disregarded and deemed null and void.
(d) The court shall be notified within seven days of a change
				of mailing address of any party, any party's attorney, or any party's duly
				authorized representative. A separate notice of address change shall be filed
				for each case affected by the address change.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-4 - Commencement of action; pleadings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each action shall be initiated through the filing of a
				notice of appeal or other pleading with the court.
(b) Except as provided in subsection (c), all notices of appeal
				and other pleadings shall be prepared on forms approved by the court, signed by
				the party or the party's attorney, and filed with all information and
				supporting documentation requested in the forms. If a pleading is filed with
				insufficient information or is otherwise deficient, the pleading may be
				rejected by the court or may be accepted by the court, with supplementation by
				the parties required by the court.
(c) Each pleading initiating an appeal from a final action of
				the secretary of the Kansas department of revenue or the secretary's designee
				may be prepared on forms approved by the court or may be typewritten on 8 X
				11-inch white paper, with at least one-inch margins on all sides and with type
				appearing on only one side of the paper. Each typewritten pleading prepared
				pursuant to this subsection shall contain at least the following:
(1) The heading "BEFORE THE COURT OF TAX APPEALS OF THE STATE
				OF KANSAS" centered at the top of the page;
(2) the court docket number, if one has been assigned;
(3) a brief description of the nature of the action and
				citation to the specific statute under which the action is authorized;
(4) pertinent allegations of fact and law in concise and direct
				terms set forth in numbered paragraphs;
(5) a concise and complete statement of all relief
				sought;
(6) the signature of the party filing the pleading or the
				party's attorney; and
(7) the address and telephone number of the party and, if the
				party is represented by counsel, the party's attorney.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-5 - Signatures of parties or counsel

Current through Register Vol. 43, No. 28, July 11, 2024
The signature of a party or the party's attorney on any
				pleading shall constitute a certification by the signer of all of the
				following:
(a) The signer has reviewed the pleading.
(b) To the best of the signer's knowledge, information, and
				belief formed after reasonable inquiry, the pleading is well grounded in fact
				and is warranted by existing law or a good faith argument for the extension,
				modification, or reversal of existing law.
(c) The pleading is not for any improper purpose, including to
				harass or cause unnecessary delay or needless increase in
				costs.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-6 - Authorized representation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In the regular division of the court, counsel may enter an
				appearance either by signing the pleading or by filing an entry of
				appearance.
(b) In the absence of an entry of appearance by counsel, a
				party shall be deemed to appear on the party's own behalf. Any individual may
				represent that person and participate fully in matters before the court. Any
				corporation or other artificial entity may participate by and through a duly
				authorized representative, including an authorized officer of the corporation,
				an authorized member or partner of the entity, or an authorized employee of the
				corporation or entity. Any estate or trust may participate by a fiduciary of
				the estate or trust. Any county, city, or other taxing district may participate
				by an elected or appointed official or a designee of the official.
(c) All persons authorized to represent entities as specified
				in this regulation shall be identified in writing.
(d) A duly authorized representative of an individual or an
				artificial entity who is not a lawyer shall not engage in the unauthorized
				practice of law. The participation of any duly authorized representative other
				than a lawyer shall be limited to providing fact and opinion testimony or other
				evidence deemed competent by the court.
(e) Any corporation, county, or other artificial entity may be
				required by the court to participate by counsel.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-7 - Information and assistance to self-represented litigants

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Information concerning the court's rules of practice and
				procedures shall be made available by the court to litigants. Court staff shall
				be available to assist self-represented litigants concerning general matters of
				court procedure and access to court services. Court staff shall observe the
				rules prohibiting ex parte communications.
(b) All communications and filings with the court shall be
				directed to the offices of the court in Topeka and shall meet the requirements
				in these regulations and the Kansas supreme court rules of judicial
				conduct.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-9 - Filing procedures; time limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each party filing any action with the court shall file the
				application or appeal and shall pay any applicable fees required by
				K.A.R.
				94-5-8 . Each pleading or other document
				filed with the court shall be deemed to have been filed when actually received
				and file-stamped by the secretary or the secretary's designee, and the action
				shall commence on that date, if the document is in a form prescribed by these
				regulations or by statute.
(b) In computing any period of time prescribed by the Kansas
				administrative procedure act, the computation shall be made pursuant to
				K.S.A.
				77-503(c), and amendments
				thereto. In computing any period of time not prescribed by the Kansas
				administrative procedure act, the computation shall be made pursuant to
				K.S.A.
				60-206, and amendments thereto.
(c) When by these regulations or by notice given by the court,
				an act is required to be completed within a specified time, the time for
				completing the act may be extended by the court if a motion is filed before the
				expiration of the specified time. A motion for extension of time filed after
				the time limit has expired may be granted only if failure to act within the
				time limit was the result of excusable neglect.
(d) Any individual or entity may file documents at the court's
				office between the hours of 8:00 a.m. and 5:00 p.m. on any business day. Each
				document, whether mailed, hand-delivered, or sent by facsimile machine or
				electronically, shall be received by 5:00 p.m. in order to be file-stamped and
				considered filed on that date. The time of receipt shall be that time shown by
				the court's time clock, the time printed by the court's facsimile machine on
				the final page of the facsimile-received document, or the time shown as
				received by the court's electronic mail system or other electronic docketing
				system.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-10 - Electronic mail filings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each document filed through electronic mail shall be sent
				to the court's central electronic mail address in order to be considered filed
				with the court. Electronic mail sent to any electronic mail address other than
				the court's central electronic mail address shall be ignored and shall not be
				considered filed with the court.
(b) All pleadings filed by electronic mail shall be followed by
				any applicable filing fees.
(c) Each electronic mail filing shall include a return
				electronic mail address along with the name and telephone number of the
				individual sending the electronic mail.
(d) Each document filed with the court by electronic mail and
				in accordance with these regulations shall have the same effect as if the
				document had been filed by any other means and in accordance with these
				regulations. All requirements for pleadings and other filings with the court
				shall apply to pleadings and other filings transmitted by electronic mail. Only
				one copy of the pleading or document shall be transmitted. An electronic
				signature or the symbol "/s/" on the signature line in place of a signature
				shall have the same effect as that of an original signature.
(e) Electronic mail received in the court's office at the
				central electronic mail address on or before 5:00 p.m. shall be deemed filed on
				that date. Electronic mail received after 5:00 p.m. shall be deemed to be filed
				on the following regular workday of the court. The time of receipt shall be the
				time shown by the court's electronic mail system. Electronic mail received on a
				Saturday, Sunday, or legal holiday shall be deemed filed on the following
				regular workday of the court.
(f) If an electronic mail message indicates that there is an
				attachment but an attachment is not included or the attachment cannot be
				opened, the sender shall be notified by the court of the deficiency, with the
				court's request that the electronic mail be re-sent and the deficiency
				corrected. The date and time of the filing shall be the date and time the
				electronic mail is re-sent without deficiency. Each attachment shall be sent in
				a format that meets the court's specifications.
(g) The sender of an electronic mail filing may petition the
				court for an order filing the document
nunc pro tunc
if the
				electronic mail document is not filed with the court because of either of the
				following reasons:
(1) An error in the transmission of the document, the
				occurrence of which was unknown to the sender at the time of transmission;
				or
(2) a failure to process the electronic mail document when
				received by the court.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-11 - Facsimile filing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The court's facsimile machine shall be available on a
				24-hour basis, seven days each week. This requirement shall not prevent the
				court from sending documents by fax or from making repairs to and maintaining
				the facsimile machine.
(b) Each complete facsimile filing received in the court's
				office at or before 5:00 p.m. on a regular workday shall be deemed filed on
				that day. Each filing received after 5:00 p.m. shall be filed as if received on
				the next regular court workday. The time of receipt shall be the time printed
				by the court's facsimile machine on the final page of the facsimile-received
				document. Each filing received on a Saturday, Sunday, or legal holiday shall be
				filed as if received on the next regular court workday. Each pleading filed by
				facsimile shall be followed by any applicable filing fees.
(c) Each pleading or other document filed by facsimile
				transmission shall have the same effect as that of any pleading or other
				document filed with the court by other means. A facsimile signature shall have
				the same effect as that of an original signature. Only one copy of the pleading
				or other document shall be transmitted.
(d) Each certificate of service shall state the date of service
				and the facsimile telephone numbers of both the sender and the receiver.
(e) The sender may petition the court for an order filing a
				document
nunc pro tunc
if a facsimile filing is not filed with
				the court because of either of the following:
(1) An error in transmission of the document, the occurrence of
				which was unknown to the sender at the time of transmission; or
(2) a failure to process the facsimile filing when received by
				the court.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-12 - Confidentiality

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each document filed and all evidence received by the court
				shall be a public record, unless a protective order is issued by the court
				designating all or portions of the record confidential.
(b) Any party may file a motion for a protective order, or a
				motion and agreed order may be jointly submitted by the parties, showing cause
				why specifically identified information in the record or information likely to
				become part of the record should be kept confidential. The motion shall state a
				legally valid basis for the protective order and shall include sworn statements
				or affidavits supporting the motion.
(c) If a motion for protective order is granted, any measures
				permitted by law may be taken by the court to protect the confidential
				information.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-13 - Intervention; joinder

Current through Register Vol. 43, No. 28, July 11, 2024
Each petition or request to intervene shall be governed by
				K.S.A.
				77-521, and amendments thereto. Each joinder
				of any party needed for just adjudication shall be governed by
				K.S.A.
				60-219, and amendments thereto. Each
				permissive joinder of any party shall be governed by
				K.S.A.
				60-220, and amendments
				thereto.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-14 - Consolidation

Current through Register Vol. 43, No. 28, July 11, 2024
If two or more cases involve the same or substantially similar
				issues or if joint presentation of the evidence or legal arguments would be
				economical, a written order of consolidation may be issued by the court either
				on its own motion or on a motion by one or more parties. If cases are
				consolidated, orders may be issued by the court in a consolidated format. In
				the absence of a formal written order of consolidation, individual cases shall
				be deemed separate, unconsoli-dated matters.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-15 - Motion practice

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each motion shall include the heading information required
				of court pleadings, as well as the following information:
(1) Reference to the provision of statute, regulation, or other
				procedural authority upon which the motion is based;
(2) a concise statement of the pertinent facts and legal
				authorities;
(3) a concise statement of the relief sought;
(4) a request for oral argument, if desired; and
(5) a proposed form of order to be adopted by the court if the
				motion is granted.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-16 - Discovery

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All discovery matters, including disputes and requests for
				sanctions, shall be governed by the Kansas administrative procedure act and the
				Kansas code of civil procedure.
(b) Discovery shall be completed expeditiously. The parties and
				counsel shall conduct orderly discovery and shall freely exchange discoverable
				information and documents.
(c) The parties and counsel shall make all reasonable efforts
				to resolve discovery disputes before involving the court in these
				matters.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-17 - Subpoenas

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any party may issue a subpoena or subpoena
duces
				tecum
in a court proceeding. Each subpoena shall be prepared by the
				requesting party and shall be in substantial compliance with this regulation
				and any published court forms.
(b) Each subpoena shall state the following information:
(1) The name of the witness;
(2) the address where the witness can be served;
(3) the location where the witness is required to appear and
				the date and time of the appearance;
(4) the matter in which the witness is required to testify;
				and
(5) for a subpoena
duces tecum
, a detailed
				listing of the documents or other material to be produced.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-18 - Stipulations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The parties and counsel shall to the fullest extent
				possible stipulate to facts, issues, and other matters that are not the subject
				of reasonable dispute.
(b) Any stipulation may be made either by written stipulation
				or by oral statement shown upon the hearing record. All stipulations shall be
				binding upon all parties so stipulating and may be regarded by the court as
				conclusive evidence of the fact stipulated.
(c) Each stipulation that finally and conclusively settles an
				appeal involving the valuation of county-assessed property shall be made by
				means of a fully executed order of stipulation and dismissal. Each order shall
				be filed within 30 days from the date the parties notify the court of the
				pending stipulation. All stipulations executed by county officials shall be
				presumed by the court to have been made in keeping with the legal duties and
				obligations of those county officials.
(d) Each settlement negotiation shall be confidential, unless
				all participants to the negotiation agree otherwise in writing. Facts
				disclosed, offers made, and all other aspects of negotiation shall not be part
				of the record.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-19 - Prehearing conferences

Current through Register Vol. 43, No. 28, July 11, 2024
A prehearing conference may be held by the court for purposes
				of narrowing the issues and facts in dispute, simplifying the presentation of
				evidence, and otherwise assisting the parties and counsel in their preparation
				for trial. Each pre-hearing conference shall be conducted in accordance with
				K.S.A.
				77-516  and
				K.S.A.
				77-517, and amendments
				thereto.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-20 - Continuances

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any hearing scheduled on the court's calendar may be
				continued by the court upon a written motion filed at least 30 days before the
				date of the scheduled hearing. This requirement may be waived by the court at
				its discretion upon a showing of good cause. Before requesting a continuance,
				the moving party shall consult with all other parties and shall state in the
				motion the position of the other parties with respect to the continuance
				request. Each motion for continuance shall clearly state the reason for the
				requested continuance. Parties and counsel shall not contact court staff in an
				attempt to reschedule a matter before the court. These requests shall be filed
				in writing as specified in this subsection. All necessary rescheduling shall be
				initiated by the court after a motion has been received.
(b) A motion to continue a hearing shall be granted only in
				exceptional and unforeseen circumstances.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-21 - Exchange of evidence and witness lists

Current through Register Vol. 43, No. 28, July 11, 2024
Unless otherwise ordered by the court, the following deadlines
				for the exchange of evidence and witness lists shall apply:
(a) At least 10 calendar days before a scheduled hearing
				involving single-family residential property, each party shall have exchanged
				copies of each document, photograph, or other evidence that the party intends
				to present at the hearing.
(b) At least 20 calendar days before a scheduled hearing except
				a hearing involving single-family residential property as specified in
				subsection (a), each party shall have exchanged copies of each document,
				photograph, or other evidence that the party intends to present at the hearing,
				along with a listing of all witnesses expected to be called at the hearing. At
				least 10 calendar days before the scheduled hearing, each party shall have
				exchanged copies of any rebuttal evidence, along with a listing of any rebuttal
				witnesses.
(c) In computing the time periods specified in subsections (a)
				and (b), the day of the scheduled hearing shall not be included. If the 10th or
				20th calendar day before the hearing falls on a Saturday, Sunday, or legal
				holiday, the last business day before the day shall be the deadline for the
				exchange of evidence.
(d) If the parties fail to comply with the deadlines specified
				in this regulation or with any modified deadline ordered by the court, the
				presiding officer may take appropriate measures in the interest of preserving a
				fair hearing, which may include barring or limiting the presentation of
				evidence.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-22 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each hearing shall be open to the public and shall be
				conducted in accordance with the Kansas administrative procedure act. Each
				hearing shall be recorded by a certified shorthand reporter selected by the
				court or by audio or video recording systems. The court's record shall be the
				only official record of the proceedings.
(b) The use of recording, photographic, or television devices
				during any hearing shall be permitted only if the use of these devices is not
				disruptive.
(c) The cost of obtaining a transcript of any hearing shall be
				borne by the person requesting the transcript. A certified shorthand reporter
				shall be selected by the court to transcribe the official record of the
				proceedings.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-23 - Evidence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless otherwise limited by a specific statutory or
				regulatory provision, the presentation of evidence shall be governed by
				K.S.A.
				60-401  et seq., and amendments thereto, and
				by K.S.A.
				77-524, and amendments thereto.
(b) Evidence may be received in writing instead of through oral
				presentation, in accordance with
				K.S.A.
				77-524(d)  and amendments
				thereto. However, the filing of a document shall not signify its receipt into
				evidence. Only those documents that have been received into evidence shall be
				considered as evidence in the official record.
(c) Whenever an evidentiary objection is made, the grounds
				relied upon shall be stated briefly when the evidence is offered. Any
				evidentiary objection may be ruled upon by the court, or the objection may be
				taken under advisement by the court. Evidence may be received by the court,
				subject to a motion to strike at the conclusion of the hearing.
(d) The discontinuation of the presentation of evidence may be
				ordered by the court upon its own motion if the evidence is cumulative,
				irrelevant, or otherwise objectionable.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-24 - Failure to appear

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Failure of any party to appear at the time and place
				appointed by the court may result in dismissal or a default judgment.
(b) Within 10 days after service of an order of dismissal or
				default, the party against whom the order was entered may file a written
				objection requesting that the order be vacated and stating the specific grounds
				relied upon. The written objection shall be served on all parties in accordance
				with these regulations. An entry of dismissal or default may be set aside by
				the court, for good cause.
(c) If all parties agree to waive the right to a hearing and
				submit stipulated facts and written arguments, a hearing may be waived.
				However, the parties' waiver may be rejected by the court at its discretion,
				and the parties may be required by the court at its discretion to appear for
				hearing if the court deems the action necessary or proper under the
				circumstances.
Kansas Administrative Regulations › Agency 94 - KANSAS BOARD OF TAX APPEALS › Article 5 - PROCEEDINGS BEFORE THE COURT › Section 94-5-25 - Petitions for reconsideration

Current through Register Vol. 43, No. 28, July 11, 2024
Each petition for reconsideration of a final order of the court
				shall be filed pursuant to
				K.S.A.
				77-529, and amendments thereto. Each response
				to a petition for reconsideration shall be filed with the court within 11
				calendar days after the petition for reconsideration is filed with the
				court.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 1 - SOLDIERS' HOME; MEMBERSHIP › Section 97-1-1a - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations, the following terms shall have
				the meanings specified in this regulation:
(a) "Applicant" means a person who
				has submitted to the Kansas commission on veterans' affairs a completed
				application packet and military discharge papers.
(b) "Commission" means the body of commissioners appointed by
				the governor to oversee the Kansas commission on veterans' affairs
				(KCVA).
(c) "Discharge" means the permanent removal by the commission
				of a member from a KCVA home.
(d) "Executive director" means the person who serves as
				executive director of the KCVA.
(e) "Furlough" means the temporary eviction of a member by the
				respective superintendent or designee, for any infraction of these
				regulations.
(f) "KSH" means Kansas soldiers' home at Fort Dodge,
				Kansas.
(g) "KVH" means Kansas veterans' home in Winfield,
				Kansas.
(h) "Licensed medical authority" means a person who is
				authorized by law to diagnose mental diseases or disorders.
(i) "Pass" means a superintendent's prior written permission
				for the voluntary, temporary absence of the veteran or nonveteran member from
				the home for a period in excess of 23 hours, as specified in K.A.R. 97-3-3a. An
				approved pass shall not affect the eligibility status of the member.
(j) "Release" means a voluntary separation granted by a
				superintendent upon request of a veteran or nonveteran member. The member
				leaves the home in good standing, and this departure does not affect the
				member's standing or subsequent KCVA or United States department of veterans
				affairs benefits.
(k) "Residence hall" means a domiciliary, including cottages,
				or long-term health care facility.
(l) "State" means the state of Kansas.
(m) "Superintendent" means the person appointed by the KCVA as
				superintendent for the KSH or KVH.
(n) "USDVA" means United States department of veterans
				affairs.
(o) "Weapon" means any of the following:
(1) Bludgeon, sand club, metal knuckles, throwing star, dagger,
				dirk, billy, or blackjack;
(2) any firearm; or
(3)
(A) Any knife that is more than four inches long or opens
				automatically by hand pressure applied to a button, spring, or other device in
				the handle of the knife; or
(B) any knife having a blade that opens, falls, or is ejected
				into position by the force of gravity or by outward, downward, or centrifugal
				thrust or movement.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 1 - SOLDIERS' HOME; MEMBERSHIP › Section 97-1-3a - Eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. Eligibility for admission shall be based upon
				K.S.A. 76-1908  and K.S.A. 76-1954, and amendments thereto.
(b) Mental illness, legal incompetence, alcohol abuse, and drug
				abuse.
(1) Mental illness. No person who has been diagnosed by a
				licensed medical authority as being mentally ill shall be admitted to the KSH
				or KVH unless the illness is managed by medication prescribed by a licensed
				medical authority and that medical authority certifies both of the
				following:
(A) With the prescribed medication, the individual will not be
				a threat to that person, any other person, or the property of others.
(B) The individual can be cared for and medicated by KSH or KVH
				staff with medication that is reasonably available through the KSH or
				KVH.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 1 - SOLDIERS' HOME; MEMBERSHIP › Section 97-1-4a - Application for membership

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Processing and approval. No application for membership
				shall be considered until the person has submitted a complete application
				packet on forms furnished by the KSH or KVH.
(1) Application packets may be obtained at and returned to any
				KCVA field office or service organizational office. The application packet
				shall be submitted by the office to the superintendent at the KSH or KVH, as
				applicable, for review of completeness. If the application packet is not
				complete, the application packet shall be returned to the applicant, with an
				indication of the portions that are incomplete. Upon determination of
				completeness, the superintendent shall forward the application packet to the
				executive director.
(2) Except for applications submitted by individuals with
				felony convictions, each complete application shall be required to be approved
				by the executive director before the applicant may be admitted to the KSH or
				KVH.
(3) For each applicant with a felony conviction, that
				applicant's completed application shall be evaluated by the commission
				regarding the rehabilitation of the applicant and current degree of
				dangerousness to the applicant, other persons, and the property of others
				before the applicant may be admitted to the KSH or KVH.
(4) Each spouse or dependent who desires membership in the KSH
				or KVH shall complete the appropriate forms in the application packet.
(5) Each applicant shall include a certification of inability
				to provide self-support without additional aid.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 1 - SOLDIERS' HOME; MEMBERSHIP › Section 97-1-5a - Priority for admission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Priority criteria. Admission shall be granted pursuant to
				K.S.A. 76-1908(g)  and K.S.A. 76-1954(g)(1), and amendments thereto.
(1) The first priority for admission shall be given to veterans
				who have no adequate means of support. Within this group, priority shall be
				based on the severity of medical care required and the ability to pay for
				health care.
(2) The second priority for admission shall be given to a
				veteran's spouse or surviving spouse, parents, or children who have no adequate
				means of support, with priority based on the criteria specified in paragraph
				(a)(1) of this regulation.
(3) The third priority shall be given to veterans who have a
				means of support.
(4) The fourth priority shall be given to a veteran's spouse or
				surviving spouse, parents, or children who have a means of support.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 1 - SOLDIERS' HOME; MEMBERSHIP › Section 97-1-6a - Approval or denial of application, notification to applicant, and right of reconsideration; right of hearing; final decision

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Approval of application. If an applicant qualifies for
				admission, the application shall be approved if there is space available in the
				KSH or KVH or shall be conditionally approved until space is available. Each
				applicant shall be notified in writing by the appropriate superintendent or by
				the executive director, whether the application is approved or denied.
(b) Denial of application.
(1) If an applicant is denied admission, written notification
				shall be sent to the last known address of the applicant by the appropriate
				superintendent, the executive director, or the commission. The notification
				shall state the reason or reasons for the denial.
(2) Within 30 days of the date of the decision, the applicant
				may file at the office of the executive director a written request for
				reconsideration by the commission. The request shall state the reasons
				supporting approval of the application. If no timely request is filed, the
				notification of denial shall become the final decision.
(3) Unless waived by the applicant, a hearing shall be set upon
				receipt of a request for reconsideration. The hearing shall be scheduled at the
				earliest available commission docket. The applicant shall be notified by the
				executive director of the date, time, and place of the hearing. The notice
				shall be mailed to the last known address of the applicant at least 10 days
				before the hearing.
(4) At the hearing, notice may be taken by the commission of
				its administrative records and files, and any other relevant evidence and
				arguments offered by the applicant, employees of the KCVA, or other interested
				persons may be heard by the commission. The applicant may appear in person,
				through telephone, by an attorney, or any combination of these.
(5) If the applicant fails to attend the hearing, the
				commission's decision may be made based upon the KCVA's records, files, and any
				other evidence that was presented at the hearing. The commission's decision
				shall be determined by a majority vote. A written decision shall be filed by
				the commission with the executive director, setting forth the facts and reasons
				for the commission's decision. Within 30 days after the hearing, a copy of the
				decision shall be sent by the executive director to the applicant at the
				applicant's last known address. The filed decision shall be considered the
				final agency action.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 2 - RULES GOVERNING MEMBERS › Section 97-2-1a - Charges

Current through Register Vol. 43, No. 28, July 11, 2024
Charges to each member shall be based on the member's ability
				to pay and shall not exceed the applicable KSH or KVH per diem cost of care for
				the prior year or the charges made to patients pursuant to K.S.A. 59-2006  and
				amendments thereto, whichever is less. Each member shall notify the
				superintendent, within five business days, of any increase or decrease in
				income or assets. The business manager shall submit an annual accounting to the
				superintendent, or designee, of each member's resources to determine the
				member's appropriate charges.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 2 - RULES GOVERNING MEMBERS › Section 97-2-2a - Comfort money

Current through Register Vol. 43, No. 28, July 11, 2024
Comfort money shall mean a protected amount of each member's
				income that is not used in determining the member's charges and is held for the
				member's use, benefit, and burial. The amount of comfort money shall be
				annually determined by the commission at its November meeting and shall become
				effective on February 1 of the following year. Each member shall be given
				written notice by that member's superintendent, within 45 days after the
				commission's November meeting, of the amount of comfort money authorized by the
				commission.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 3 - DISCHARGES; TERMINATION OF MEMBERSHIP › Section 97-3-1a - Personal conduct; guests

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Personal conduct. The following actions by any member or
				any member's guest while at the KSH or KVH shall be prohibited:
(1) Violating any state statute, state regulation, or lawful
				order of any superintendent or designee of the superintendent;
(2) brandishing a weapon;
(3) cursing, swearing, quarreling, or using violent, profane,
				vulgar, or threatening language or conduct that tends to arouse alarm or anger,
				disturbs others, or provokes an assault or other breach of the peace;
(4) intentionally or willfully damaging or destroying any
				property of another person or entity, the KSH or KVH, or the state;
(5) being under the influence of alcohol or illegal drugs, or
				both; and
(6) engaging in any activity or behavior not otherwise
				specified in this subsection that interferes with the orderly conduct of the
				KSH or KVH.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 3 - DISCHARGES; TERMINATION OF MEMBERSHIP › Section 97-3-2a - Pets and service or therapeutic animals; hunting prohibition

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No animals may be kept on the premises of the KSH or KVH by
				members, guests, or employees, except as specified in this regulation.
(b) As used in this regulation, "pet" shall mean a domesticated
				cat weighing 25 pounds or less or a domesticated dog weighing 80 pounds or
				less.
(c)
(1) Horses may be kept on the grounds at the KSH or KVH as
				designated by prior written authorization from the superintendent.
(2) Any guest may have a pet on the premises of the KSH or KVH,
				for not more than a six-hour period between 7 a.m. and 10 p.m.
(3) Each pet at the KSH or KVH shall meet the following
				requirements:
(A) Have current vaccinations;
(B) be restrained with a leash and wear a collar with a tag
				identifying its owner while in public or open areas of the KSH or KVH;
(C) be properly maintained;
(D) not become a nuisance or threat to staff, members, or
				guests; and
(E) not interfere with the normal conduct and operation of the
				KSH or KVH.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 3 - DISCHARGES; TERMINATION OF MEMBERSHIP › Section 97-3-3a - Passes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Absences.
(1) Twenty-three hours or less. Each member who desires to be
				absent from the KSH or KVH for 23 hours or less shall obtain the prior written
				approval of the superintendent or the superintendent's designee.
(2) More than 23 hours. Each member shall be required to obtain
				a pass from the superintendent for any absence longer than 23 hours. No pass
				shall exceed a total of three months in any 12-month period.
(3) Absences by members residing in cottages at the KSH. Each
				cottage member who is absent for more than 30 days with a pass shall pay an
				additional rent payment at the rate prescribed in K.A.R. 97-1-1a.
(4) Extensions. Any pass may be extended once by the
				superintendent for not more than 30 days.
(5) Early return. Each member who is absent with a pass or pass
				extension and who wants to return before the expiration of the pass or pass
				extension shall notify the superintendent at least 10 days before the date on
				which the member desires to return to the KSH or KVH.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article, unless the context clearly requires
				otherwise, the following terms shall have the meanings ascribed to them in this
				regulation:
(a) "Advisory committee" means an advisory committee formed
				pursuant to K.A.R. 97-4-7.
(b)
(1) "Capital improvement project" means any type of
				enhancement made pursuant to K.S.A. 73-1233, and amendments thereto. As used in
				this term, "improvement" shall mean any of the following:
(A) Construction or reconstruction;
(B) maintenance;
(C) restoration or renewal;
(D) replacement or repair;
(E) installing any equipment that becomes a part of any
				memorial for veterans;
(F) extending the size of any existing facility as a memorial
				for veterans; or
(G) any other type of work that provides a new facility or
				improves an existing facility.
This term shall include the reimprovement of a prior capital
				improvement project.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-2 - Criteria for memorials for veterans

Current through Register Vol. 43, No. 28, July 11, 2024
Each proposal for a capital improvement project shall specify a
				project representative who shall consult with the director concerning the
				KCVA's specific needs for memorials for veterans. Each memorial shall meet the
				following requirements:
(a) Each memorial shall be nondiscriminatory and nonpartisan.
(b) Each memorial shall be consistent with the architectural
				and historic plans and specifications of any existing facility at that
				location. No memorial shall be placed at the entrance to any facility.
(c) Each memorial shall be presented or displayed, or both, in
				accordance with these regulations.
(d) Each memorial shall be in keeping with the architectural
				theme of any existing facility at that location.
(e) No memorial shall interfere with the future expansion plans
				for any facility.
(f) Each design plan for a memorial shall designate the
				appropriate location, style, and size of the commemorative plaques that
				recognize donors. If the advisory committee determines that outside plaques are
				not appropriate, donations shall be recognized in a memorial book or on a
				memorial plaque located in the administrative building designed to recognize
				donors appropriately.
(g) Each memorial shall enhance awareness of veterans'
				sacrifices in the design. No memorial shall add any unfunded expense in upkeep
				of the memorial.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-3 - Financing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The cost of each capital improvement project shall be
				totally financed with private monies. Each proposal for a capital improvement
				project shall include the costs of the following in the cost estimate:
(1) The preparation of preliminary reports;
(2) the preparation of plans and specifications;
(3) the preparation and publication of notices of hearings,
				resolutions, ordinances, and other proceedings;
(4) necessary fees and expenses for consultants and any
				interest accrued on borrowed money during the period of construction;
(5) land, materials, labor, and other lawful expenses incurred
				in planning and completing any improvement; and
(6) ongoing maintenance and support.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-4 - Proposals; use of names and references

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each project representative shall submit five copies of the
				proposal for a memorial for veterans to the director at least 10 days before
				the next scheduled commission meeting. The project representative shall be
				required to attend the commission meeting and to fully explain the proposal,
				including the location, purpose, cost estimate, design plans, and short-term
				and long-term funding sources. Each proposal accepted by the commission shall
				be assigned to an advisory committee for full review and development.
(b) Pursuant to K.S.A. 73-1233(d)(3)  and amendments thereto,
				the project representative shall submit the form specified and provided by the
				KCVA to the director along with a written request before using any of the names
				and references specified in this statute.
Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 4 - VETERAN MEMORIAL DONATIONS TO THE KANSAS COMMISSION ON VETERANS' AFFAIRS FOR THE CONSTRUCTION AND MAINTENANCE OF CAPITAL IMPROVEMENT PROJECTS › Section 97-4-5 - Fund-raising materials for proposed memorials

Current through Register Vol. 43, No. 28, July 11, 2024
All fund-raising materials for a proposed memorial shall be
				reviewed by the commission and shall include the following information:
(a) The estimated cost of the project;
(b) the percentage of funds raised that can be used for
				administrative expenses;
(c) the date on which the project will be started; and
(d) the following statement: "If the project is not completed,
				all funds shall be returned to donors by the project representative, who shall
				make full restitution to donors less the administrative cost of returning the
				funds. This administrative cost of returning the funds shall not exceed the
				administrative cost outlined above."