reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-11 - Minimum curricula and standards for course

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each school offering a course approved by
			 the commission under K.S.A. 58-3046a(a), and amendments thereto, shall use a
			 course outline provided by the commission and shall use the title "principles
			 of real estate."
(b) Each school
			 offering a course approved by the commission under K.S.A. 58-3046a(b), and
			 amendments thereto, shall use a course outline provided by the commission and
			 shall use the title "Kansas real estate fundamentals course."
(c) Each school offering a course approved by
			 the commission under K.S.A. 58-3046a(c), and amendments thereto, shall use a
			 course outline provided by the commission and shall use the title "Kansas
			 practice course."
(d) Each school
			 offering a course approved by the commission under K.S.A. 58-3046a(d), and
			 amendments thereto, shall use a course outline provided by the commission and
			 shall use the title "Kansas real estate management course."
(e) Each school offering a course approved by
			 the commission under K.S.A. 58-3046a(e), and amendments thereto, shall use a
			 course outline provided by the commission and shall use the title "Kansas law
			 course."
(f) The 12 hours of
			 additional instruction required by K.S.A. 58-3046a(f), and amendments thereto,
			 shall consist of at least three hours designated as mandatory hours titled
			 "Kansas required core" and not more than nine hours designated as elective
			 hours.
(1) A nonresident of Kansas may receive
			 elective-hour credit by submitting to the commission proof of completion of
			 courses approved by the real estate regulatory agency of the nonresident's
			 state of residence completed during that individual's Kansas license renewal
			 period.
(2) Each approved course
			 shall have a total instruction time of at least three hours.
(3) Any licensee may receive a maximum of
			 three elective hours of credit during any renewal period for real estate
			 appraisal courses approved by the commission.
(4) Any licensee may receive a maximum of
			 three elective hours of credit during any renewal period for attending a
			 commission meeting approved by the commission. The licensee shall sign in at
			 the beginning of the commission meeting and shall be physically present at the
			 commission meeting for at least three consecutive hours of the commission
			 meeting, to receive the three-hour credit.
(5) Any licensee who is an instructor of a
			 course approved by the commission to meet a requirement of K.S.A. 58-3046a, and
			 amendments thereto, may receive credit for the number of hours taught by the
			 instructor. The credit may be received by an instructor only once for each
			 course taught during a renewal period.
The provisions of this subsection shall be effective on and
				after July 1, 2020.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-12 - Monitoring courses; withdrawal of approval

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each approved course shall be subject to monitoring by the commission, with or
			 without prior notice.
(b) Course
			 approval may be withdrawn by the commission for falsification of attendance
			 records or failure to comply with any provision of   K.A.R. 86-1-10,    K.A.R.
			 86-1-11, or    K.A.R. 86-1-17.
(c)
			 Withdrawal of course approval during class sessions in process shall not affect
			 credit given to students who are attending the course. Approval of a course may
			 be reinstated by the commission upon satisfactory evidence that deficiencies
			 have been corrected.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-17 - Responsibilities of schools

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Course
			 registration. Each school shall request that any applicant or licensee
			 registering for a course verify the applicant's or licensee's registration or
			 license number and use the applicant's or licensee's name exactly as it appears
			 on file with the commission to ensure that the applicant or licensee will
			 receive credit for the course.
(b)
			 Issuance of certificates to students.
(1)
			 Within five calendar days of completion of the course, each school shall issue
			 a certificate of completion in person, electronically, or by mail to each
			 student who successfully completes a course approved by the commission. Each
			 school shall use certificate forms approved by the commission.
(2) The school shall not issue a certificate
			 to any student who was absent for more than 10 percent of the classroom hours
			 scheduled for courses registered, pursuant to   K.A.R. 86-1-11,  under the title
			 "principles of real estate," "Kansas real estate fundamentals course," "Kansas
			 real estate management course," "Kansas law course," or "Kansas practice
			 course." The school shall not issue a certificate to any student who was absent
			 during any portion of the scheduled classroom hours for any other course
			 approved by the commission pursuant to   K.A.R. 86-1-11.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-19 - Submission of supporting documentation with application

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to submitting the application for original licensure
				as a real estate broker or salesperson, each applicant shall file the following
				with the commission:
(a) The applicant's
			 fingerprints and a completed waiver, on a form approved by the commission, and
			 the fee required by   K.A.R. 86-1-5(c)(1)(A);
(b) documentation concerning any final court
			 judgment, memorandum, or other dispositive order or any settlement agreement
			 resulting from litigation filed against the applicant or any real estate company
			 owned in whole or in part by the applicant relating to the business of buying,
			 selling, exchanging, or leasing real estate or to any activity listed in the
			 definition of "broker" in K.S.A. 58-3035  and amendments thereto;
(c) a statement that completely and truthfully
			 discloses any pending charges, plea of guilty or nolo conten-dere, diversion or
			 suspended imposition of sentence, or conviction of a misdemeanor or felony. If
			 requested by the commission, the applicant shall also submit documentation
			 concerning any matters disclosed pursuant to this subsection;
(d) documentation concerning any denial,
			 revocation, suspension, voluntary surrender, or any other disciplinary action
			 taken by the state of Kansas or another jurisdiction against any professional or
			 occupational license or certificate held by the applicant;
(e) a license history certification from any
			 jurisdiction in which the applicant is currently licensed or has ever been
			 licensed; and
(f) a nonresident
			 service of process appointment form for any applicant who is not a resident of
			 Kansas, which shall be submitted on a form approved by the commission.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-20 - Age of documentation submitted to the commission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A certification of licensure history obtained from any jurisdiction in which the applicant has, or has ever had, a real estate license shall not be used for licensing purposes if the certification is issued more than six months before the date on which the completed application for licensure is filed with the commission.
(b) A report concerning an applicant that is the subject of a criminal history check prepared by the Kansas bureau of investigation and the federal bureau of investigation shall not be used for licensing purposes if the report is issued more than six months before the date on which the completed application for licensure is filed with the commission.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-7 - Advertising

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 For the purposes of this regulation and K.S.A. 58-3034  et seq. and amendments
			 thereto, "advertisement" and "advertising" shall mean communication in any form
			 of media between a licensee or other entity acting on behalf of one or more
			 licensees and consumers or the public, for any purpose related to licensed real
			 estate activity. These terms shall include business cards, signs, insignias,
			 letterheads, telephone or electronic mail, radio, television, newspaper and
			 magazine advertisements, internet advertising, web sites, social media or
			 social networking, display or group advertisements in telephone directories,
			 and billboards.
(b) No employed or
			 associated salesperson or associate broker may include in an advertisement a
			 name or team name that meets any of the following conditions:
(1) Uses the term "realty," "brokerage,"
			 "company," or any other term that can be construed as a real estate company
			 separate from the supervising broker's company;
(2) is more than two times larger in font
			 size than the font size of the supervising broker's trade name or business
			 name; or
(3) is not adjacent to the
			 supervising broker's trade name or business name in any internet, web site,
			 social media, or social networking advertisement.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-8 - Brokerage agreements

Current through Register Vol. 43, No. 28, July 11, 2024
A supervising broker or branch broker, or any salesperson or associate broker employed by or associated with the supervising broker or branch broker, shall not enter into any written brokerage agreement containing a provision that automatically extends the term of the agreement beyond the expiration date.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-10 - Retention of records

Current through Register Vol. 43, No. 28, July 11, 2024
Each broker shall retain, for at least three years, in the broker's
				paper or digital files a copy of all records relating to the broker's real estate
				business, including the following:
(a) Real
			 estate sales contracts, option agreements, and nonresidential lease agreements for
			 which the broker acts as an employee of, or on behalf of, the owner, purchaser,
			 lessor or lessee;
(b) closing
			 statements;
(c) each receipt from an
			 escrow agent required by K.S.A. 58-3062(d), and amendments thereto;
(d) correspondence; and
(e) the records required by   K.A.R. 86-3-18.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-15 - Reporting of information

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 shall report any of the following circumstances to the commission, in writing and
			 within 10 days of the date of occurrence:
(1)
			 Any settlement from litigation filed against the licensee or any real estate
			 company owned in whole or in part by the licensee relating to the business of
			 buying, selling, exchanging, or leasing real estate or to any activity listed in
			 the definition of "broker" in K.S.A. 58-3035  and amendments thereto. The licensee
			 shall provide a copy of the settlement agreement;
(2) any inal court judgment, memorandum, or
			 other dispositive order against the licensee or any real estate company owned in
			 whole or in part by the licensee;
(3)
			 any charge of, arrest or indictment for, plea of guilty or nolo contendere to, or
			 conviction of any of the following:
(A) Any
			 misdemeanor; or
(B) any
			 felony;
(4) any change in
			 the licensee's name;
(5) any change
			 in the licensee's residence address;
(6) any change in the licensee's
			 electronic-mail address on ile with the commission;
(7) any denial by another jurisdiction of an
			 application made by the licensee for a broker or salesperson license;
(8) any suspension or revocation of, or any
			 other disciplinary action taken by another jurisdiction against a broker or
			 salesperson license held by the licensee; or
(9) any denial, suspension, revocation,
			 voluntary surrender, or any other disciplinary action taken by the state of
			 Kansas or another jurisdiction against any professional or occupational license
			 or certiicate held by the licensee.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-18 - Trust account records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each supervising broker, and each branch
			 broker who maintains a separate trust account for a branch office pursuant to K.S.A.
			 58-3061  and amendments thereto, shall maintain in the broker's office a complete
			 record of all monies received or escrowed on real estate transactions, including the
			 following:
(1) Deposit slips showing the unique
			 transaction number assigned pursuant to   K.A.R. 86-3-22,  the date of deposit, the
			 amount, and where deposited;
(2) monthly
			 trust account bank, savings and loan association, or credit union statements,
			 including canceled checks and deposit slips;
(3) all voided trust account checks;
(4) a check register that shows the chronological
			 sequence in which funds are received and disbursed. For funds received, the check
			 register shall include the date of deposit, the unique transaction number assigned
			 pursuant to   K.A.R. 86-3-22, and  the amount. For disbursement, the check register
			 shall include the date, the unique transaction number assigned pursuant to   K.A.R.
			 86-3-22,  the payee, and the amount. A balance shall be shown, and the balances shall
			 be kept current;
(5) a ledger for each
			 transaction. The ledger shall include the names of the principals, the property
			 address, and the unique transaction number assigned pursuant to   K.A.R. 86-3-22; the
			 amount and date of deposit of all monies received; and the check number, the date,
			 the payee, and the amount of each disbursement. The broker shall note any deposit
			 recorded in the trust account before contract acceptance. If the offer is accepted,
			 the broker shall note the contract acceptance date on the ledger. If the offer is
			 rejected or withdrawn before contract acceptance, the broker shall record the
			 disbursement, note the rejected or withdrawn offer, and return the earnest money to
			 the prospective buyer. A balance shall be shown for each ledger account, and
			 balances shall be kept current; and
(6)
			 a ledger for broker's funds, if those funds are deposited in the trust account
			 pursuant to K.S.A. 58-3061, and amendments thereto. A balance shall be shown for
			 each ledger account, and balances shall be kept current.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-19 - Disclosure of interest in property purchased, sold, or leased

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee shall disclose in the real
			 estate contract or lease any interest that the licensee or the licensee's
			 immediate family member has or will have in the following, as applicable:
(1) The real estate being sold or leased by
			 the seller or lessor; and
(2) the
			 real estate being purchased or leased by the buyer or lessee.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-22 - Transaction identification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each supervising
			 broker or branch broker shall assign a unique transaction number to each real estate
			 sales contract, option agreement, and nonresidential lease agreement for which the
			 broker acts as an employee of, or on behalf of, the owner, purchaser, lessor, or
			 lessee.
(b) If a broker deposits earnest
			 money in the broker's trust account before contract acceptance, the broker shall
			 assign a unique transaction number to the offer.
(c) Each record required to be maintained pursuant
			 to   K.A.R. 86-3-10  and  86-3-18   shall include the unique transaction number.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-23 - Submission of offers to purchase

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A listing agreement may provide that the broker is not obligated to continue to market the property after an offer has been accepted by the seller. The seller's acceptance of an offer shall not terminate the obligation of the broker to submit all offers to the seller unless the seller instructs the broker in the listing agreement not to submit offers after an offer has been accepted by the seller.
(b) Unless a subsequent offer is contingent upon termination of an existing contract, the licensee shall recommend that the seller obtain the advice of legal counsel prior to acceptance.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-26 - Real estate brokerage relationships brochure

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The commission's document titled "real estate brokerage relationships," as
			 approved by the commission on October 10, 2017, is hereby adopted by
			 reference.
(b) As required by
			 K.S.A. 58-30,110  and amendments thereto, each licensee shall give any
			 prospective buyer or seller a brochure titled "real estate brokerage
			 relationships." Any brokerage firm may either use the commission document
			 adopted by reference in subsection (a) or design a brochure that contains at
			 least the same information contained in that document. Each brochure shall also
			 provide the name of the licensee providing the brochure, the name of the
			 supervising or branch broker of the licensee if applicable, and the name of the
			 brokerage firm as registered with the commission.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-26a - Designated agents; disclosure of brokerage relationships

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a supervising broker or branch broker
			 designates in a written agency agreement one or more designated agents to
			 represent the interests of a buyer, seller, tenant, or landlord client, any
			 other salespersons or associate brokers that are employed by or associated with
			 the supervising broker or branch broker who are not specifically designated in
			 the written agency agreement to represent the interests of the client shall not
			 be deemed to have a brokerage relationship with the client.
(b) If a designated agent has been appointed
			 to represent a buyer, seller, tenant, or landlord in a transaction, the
			 brokerage relationship disclosure in the contract or lot reservation agreement
			 shall specify that a designated agent was appointed to represent the interests
			 of the client.
(c) Each licensee
			 involved in a transaction as a statutory agent or a transaction broker shall
			 ensure the completeness and accuracy of the disclosure required by K.S.A.
			 58-30,110(c), and amendments thereto.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-27 - Transaction broker addendum

Current through Register Vol. 43, No. 28, July 11, 2024
The commission's form titled "transaction broker addendum," as
				approved by the commission on October 10, 2017, is hereby adopted by reference.
				Each licensee shall ensure that this form is completed to obtain the informed
				consent of a seller client and a buyer client pursuant to K.S.A. 58-30,109, and
				amendments thereto.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-28 - Buyer's or tenant's consent

Current through Register Vol. 43, No. 28, July 11, 2024
The commission's form titled "buyer's or tenant's consent to
				direct negotiation," as approved by the commission on April 18, 2017, is hereby
				adopted by reference. Each seller's agent, landlord's agent, or transaction
				broker shall ensure that this form is completed and signed by the buyer or the
				tenant before engaging in direct negotiations with that buyer or tenant.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-29 - Participation of salesperson or associate broker in affiliated business arrangement with title agency

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any salesperson or associate broker may have a financial interest, as defined in K.S.A. 40-2404(14)(e)(ii)  and amendments thereto, in an affiliated business arrangement with a title insurer or title insurance agency created or regulated pursuant to K.S.A. 40-2404(14)(e)-(j)  and amendments thereto, 12 U.S.C. §2607(c) of the real estate settlement procedures act (RESPA), and  24 C.F.R. 3500.15  if, upon commencement of the affiliated business arrangement, the salesperson or associate broker notifies the supervising broker or branch broker, by certified mail, of the proposed affiliated business arrangement in order to allow supervision pursuant to K.S.A. 58-3035(d) and (n)  and K.S.A. 58-3062(c)(3), and amendments thereto.
(b) Each salesperson or associate broker who has a financial interest in an affiliated business arrangement as specified in subsection (a) shall notify the supervising broker or branch broker in writing within five business days after the effective date of each contract in any real estate transaction from which the salesperson or associate broker will receive compensation due to an affiliated business arrangement.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 3 - PERSONS HOLDING LICENSES; DUTIES › Section 86-3-31 - Broker supervision

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Failure of a
			 supervising broker or branch broker to properly supervise the activities of an
			 associated or employed salesperson or associate broker shall include the
			 following:
(1) Allowing a person not licensed
			 by the commission to engage in activities requiring a license on behalf of the
			 broker or brokerage firm, unless the person is exempt from licensure pursuant
			 to K.S.A. 58-3037, and amendments thereto;
(2) allowing an associated or employed
			 salesperson or associate broker to engage in dual agency or activities
			 requiring an active real estate license while that salesperson's or associate
			 broker's license is expired, inactive, pending transfer, suspended, or
			 revoked;
(3) failure to take action
			 to ensure that an associated or employed salesperson or associate broker
			 complies with any restrictions or conditions placed upon that salesperson's or
			 associate broker's license;
(4)
			 directing or instructing an associated or employed salesperson or associate
			 broker to take any action in violation of the real estate brokers' and
			 salespersons' license act, the brokerage relationships in real estate
			 transactions act, or any commission regulations;
(5) failing to take action to prevent an
			 associated or employed salesperson or associate broker from taking any action
			 in violation of the real estate brokers' and salespersons' license act, the
			 brokerage relationships in real estate transactions act, or any commission
			 regulations, if the supervising broker or branch broker has actual knowledge of
			 the impending violation;
(6)
			 failing to timely take action to correct or mitigate a violation of the real
			 estate brokers' and salespersons' license act, the brokerage relationships in
			 real estate transactions act, or any commission regulations by an associated or
			 employed salesperson or associate broker, if the supervising broker or branch
			 broker has actual knowledge of the violation;
(7) failing to ensure that all contracts and
			 forms used by an associated or employed salesperson or associate broker are
			 reviewed for accuracy and compliance with applicable statutes, regulations, and
			 office policies;
(8) failing to
			 ensure that all advertising by associated or employed salespersons or associate
			 brokers complies with applicable statutes, regulations, and office policies;
			 and
(9) failing to ensure that all
			 associated or employed salespersons and associate brokers are able to maintain
			 reasonable and timely communication with the supervising broker, branch broker,
			 or a competent designee.
Kansas Administrative Regulations › Agency 87 - EDUCATION COMMISSION › No Articles in Agency › Section 87 - Abolished

Current through Register Vol. 43, No. 28, July 11, 2024
Editor's Note:
Effective July 1, 1975, the state education commission was
				abolished and its powers and duties transferred to the Kansas board of regents.
				The commission's regulations have been replaced by those of the Kansas board of
				regents, see agency 88, article 13.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 2 - PROCEDURES FOR DETERMINING RESIDENCE FOR FEE PURPOSES › Section 88-2-1 - Residence classification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The registrar
			 of each institution governed by the state board of regents shall determine the
			 residence status for fee purposes of each student who enrolls in the
			 institution. If the registrar determines that the original residency
			 classification of any student was incorrect, the registrar shall give written
			 notice of reclassification to that student, together with a statement of any
			 additional fees owed by or any refund due to that student for any terms or
			 semesters, and the same shall be due and payable immediately.
(b) Any residency determination by an agent
			 duly designated by a registrar to make a determination pursuant to articles 2
			 and 3 shall be deemed to be the residency determination of that registrar.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 2 - PROCEDURES FOR DETERMINING RESIDENCE FOR FEE PURPOSES › Section 88-2-2 - Appeals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each student
			 who is classified as a nonresident for fee purposes upon enrollment and who
			 disagrees with that classification shall be entitled to an appeal if the
			 student files a written appeal thereon with the registrar within 30 days of
			 notification of classification. Any student who is classified as a resident for
			 fee purposes at the time of enrollment, who subsequently is reclassified a
			 nonresident for such purposes, and who disagrees with that reclassification,
			 may make an appeal provided the student files a written appeal thereon with the
			 registrar within 30 days of notification of reclassification.
(b) Each registrar's office shall provide on
			 request a standard appeal form. The payment in full of fees as originally
			 assessed shall be a condition to the right to maintain an appeal from residency
			 classification or reclassification.
(c) If a student fails to file an appeal in
			 the time and manner provided in this regulation, the classification or
			 reclassification determined by the registrar shall, upon expiration of the
			 appeal period, become final.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 2 - PROCEDURES FOR DETERMINING RESIDENCE FOR FEE PURPOSES › Section 88-2-3 - Residence committee

Current through Register Vol. 43, No. 28, July 11, 2024
Each institution governed by the state board of regents shall
				establish a committee of at least three members to act as an appellate body to
				hear and determine appeals concerning the status of students as residents or
				nonresidents of Kansas for fee purposes. Members of the residence committee
				shall be appointed by the chancellor or president of each institution under a
				procedure established by the chancellor or president. The procedure shall be
				consistent with state law and the regulations of the state board of regents.
				Committee members shall serve at the pleasure of the chancellor or president.
(b) The residence committee shall
			 elect its own chair who shall be eligible to vote in all cases. The registrar
			 shall meet with the university residence committee but shall not be a member of
			 the committee.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 2 - PROCEDURES FOR DETERMINING RESIDENCE FOR FEE PURPOSES › Section 88-2-4 - Decisions of residence committee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Subject to the
			 provisions of
			 K.S.A.
			 77-601,
et seq.
, decisions
			 of the residence committee shall not be subject to further administrative
			 review by any officer or committee of the university or by the state board of
			 regents.
(b) If the residence
			 committee determines that the appealing student was entitled to be classified
			 as a Kansas resident for fee purposes, an amount equal to the difference
			 between resident fees for the term or semester involved and the nonresident
			 fees paid by the student for that term or semester shall be refunded to the
			 student immediately.
(c) The
			 residence committee may seek advice, through the executive officer of the state
			 board of regents, from the attorney general upon legal questions involved in
			 any case pending before it. Opinions rendered by the attorney general to the
			 executive officer shall be distributed among the registrars of all institutions
			 governed by the state board of regents.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-1 - Student information

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever a question arises concerning a person's residence
				classification for fee purposes, that person shall be provided with a copy of
				information substantially as set forth in this regulation, together with
				K.A.R.
				88-3-2 through
				88-3-13.
"Carefully read the information, statute, and regulations that
				follow. Then, if you believe you should be eligible for resident classification
				for fee purposes, complete the attached application for residence
				classification and submit it to the registrar within 30 days of your
				notification of classification as a nonresident for fee purposes. When an
				appeal is made by a student from a determination that the student is a
				nonresident, the student must pay nonresident fees at the time designated for
				payment of fees. If the student is found to be a resident, the difference
				between resident and nonresident fees will be refunded. Subject to the
				provisions of
				K.S.A.
				77-601,
et seq.
, decisions
				of the residence committee shall not be subject to further administrative
				review by any officer or committee of the university, or by the state board of
				regents."
Responsibility "The responsibility of enrolling under proper
				residence classification for fee purposes is placed on the student. If there is
				any possible question of residence classification under the regulations of the
				state board of regents, it is the duty of the student when registering and
				paying fees to raise the question with the registrar. If a student enrolls
				incorrectly as a resident of Kansas and it is determined at a later date the
				student was a nonresident for fee purposes, the student shall be required to
				pay the nonresident fee for all terms during which the student was incorrectly
				registered."
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-2 - Definition of residence for fee purposes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided in the rules and regulations of the state board of regents,
			 "residence" means a person's place of habitation, to which, whenever the person
			 is absent, the person has the intention of returning. A person shall not be
			 considered a resident of Kansas unless that person is in continuous physical
			 residence, except for brief temporary absences, and intends to make Kansas a
			 permanent home, not only while in attendance at an educational institution, but
			 indefinitely thereafter as well.
(b) The factors that, while not conclusive,
			 shall be given probative value in support of a claim for resident status
			 include the following:
(1) Continuous
			 presence in Kansas, except for brief temporary absences, during periods when
			 not enrolled as a student;
(2)
			 employment in Kansas;
(3) payment
			 of Kansas state resident income taxes;
(4) reliance on Kansas sources for financial
			 support;
(5) commitment to an
			 education program that indicates an intent to remain permanently in Kansas;
(6) acceptance of an offer of
			 permanent employment in Kansas;
(7) admission to a licensed practicing
			 profession in Kansas; or
(8)
			 ownership of a home in Kansas.
No factor shall be considered in support of a claim for
				resident status unless the factor has existed for at least one year before
				enrollment or re-enrollment.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-3 - Definition of 12 months

Current through Register Vol. 43, No. 28, July 11, 2024
The phrase "12 months prior to enrollment for any term or
				session," as used in
				K.S.A.
				76-729, means a continuous 365-day period
				immediately prior to the first day of classes for a specified term or session.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-4 - Residence of persons under eighteen years of age

Current through Register Vol. 43, No. 28, July 11, 2024
Generally, the residence of a person who is under 18 years of
				age is determined by the residence of the person's custodial parent or parents
				or of the parent providing the preponderance of the student's support. If both
				parents are deceased, residence shall be determined by the residence of the
				person's legal guardian or custodian, or if none exists, of the person
				providing the preponderance of support. Any person under 18 years of age who is
				legally emancipated shall be considered an adult for residence purposes.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-6 - Equal treatment of men and women

Current through Register Vol. 43, No. 28, July 11, 2024
In the application of K.S.A. 1975 Supp.
				76-729 and these regulations, men
				and women shall be treated the same.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-8a - Military personnel and veterans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Armed forces" and "veteran" shall have
			 the meanings specified in K.S.A. 2017 Supp.
			 48-3601,
			 and amendments thereto.
(b) The
			 resident fee privilege shall be accorded to any person who meets the following
			 conditions:
(1) Is enrolled at any state
			 educational institution, as defined by
			 K.S.A.
			 76-711 and amendments thereto; and
(2) meets one of the following conditions:
(A)
(i) Is
			 currently serving in the armed forces; or
(ii) is a veteran of the armed forces who
			 files with the postsecondary educational institution at which the veteran is
			 enrolled a letter of intent to establish residence in Kansas, lives in Kansas
			 while attending the postsecondary educational institution at which the veteran
			 is enrolled, and is eligible for benefits under the federal post-9/11 veterans
			 educational assistance act or any other federal law authorizing educational
			 benefits for veterans;
(B) is the spouse or dependent child of a
			 person who qualifies for resident tuition rates and fees pursuant to paragraph
			 (b)(2)(A)(i) or who, if qualifying through a veteran pursuant to paragraph
			 (b)(2)(A)(ii), files with the postsecondary educational institution at which
			 the spouse or dependent child is enrolled a letter of intent to establish
			 residence in Kansas, lives in Kansas while attending the postsecondary
			 educational institution at which the spouse or dependent child is enrolled, and
			 is eligible for benefits under the federal post-9/11 veterans educational
			 assistance act or any other federal law authorizing educational benefits for
			 veterans; or
(C) is a person who is
			 living in Kansas at the time of enrollment and is one of the following:
(i) A veteran who was permanently stationed
			 in Kansas during service in the armed forces or had established residency in
			 Kansas before service in the armed forces; or
(ii) the spouse or dependent of a veteran who
			 was permanently stationed in Kansas during service in the armed forces or had
			 established residency in Kansas before service in the armed forces.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-9 - Institutional personnel

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any employee of
			 an institution governed by the state board of regents, classified and
			 unclassified, on a regular payroll appointment for .4 time or more, shall be
			 accorded the resident fee privilege.
(b)
(1) The
			 dependent spouse and children of any employee of an institution governed by the
			 state board of regents, whether the employee's position is classified or
			 unclassified, shall be accorded the resident fee privilege, provided that the
			 employee holds a regular payroll appointment for 1.0 time.
(2) The dependent spouse and children of any
			 employee of an institution governed by the state board of regents, whether the
			 employee's position is classified or unclassified, shall be accorded the
			 resident fee privilege, provided that the employee holds a regular payroll
			 appointment for at least .4 time but less than 1.0 time and is enrolled in a
			 graduate program on the effective date of this regulation, until one of the
			 following criteria is met:
(A) the expiration
			 of the time allowed in the relevant university catalog for the employee to
			 complete the aforesaid graduate program;
(B) a break in enrollment by the employee;
(C) the employee's being awarded
			 the graduate degree from the aforesaid graduate program; or
(D) the end of the employee's employment.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-10 - Kansas high school graduates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The resident
			 fee privilege shall be granted to any person graduating from a Kansas high
			 school accredited by the state board of education who:
(1) Qualifies for admission and begins
			 classes at any institution governed by the state board of regents within six
			 months of high school graduation;
(2) was a Kansas resident for fee purposes at
			 the time of graduation from high school or within 12 months prior to graduation
			 from high school; and
(3) provides
			 an official copy of that person's high school transcript to the university of
			 enrollment.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-11 - Recruited or transferred employees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The resident
			 fee privilege shall be granted to any person who upon enrollment has been a
			 domiciliary resident of the state of Kansas for fewer than 12 months and whose
			 current domiciliary residence was established to accept or retain full-time
			 employment in the state of Kansas. The resident fee privilege shall also be
			 granted to the spouse and dependent children of that person.
(b) Any person seeking the resident fee
			 privilege pursuant to the provisions of this regulation shall provide a
			 statement from the employer that supports the claim and meets these
			 requirements:
(1) Be notarized;
(2) be signed by the personnel director of
			 the employer and one of the following:
(A)
			 The owner;
(B) a partner; or
(C) the chief executive officer of
			 the employer;
(3)
			 indicate whether residence in Kansas was established as the result of a job
			 transfer or recruitment;
(4)
			 indicate the date of initial employment in Kansas in case of a job transfer;
(5) indicate the date of hire in
			 the case of an employment recruitment;
(6) set forth the nature of the position in
			 Kansas as full-time; and
(7) set
			 forth the expected length of employment in Kansas.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 3 - GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES › Section 88-3-13 - Persons with special domestic relations circumstances

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The resident
			 fee privilege shall be granted to any dependent student whose parents are
			 divorced, as long as at least one parent is a Kansas resident pursuant to
			 articles 2 and 3 of these regulations.
(b) A dependent student who is correctly
			 classified as a resident and who maintains continuous fall and spring
			 enrollment and domiciliary residence in Kansas shall maintain the resident fee
			 privilege. Brief temporary absences shall not end the eligibility for the
			 resident fee privilege, as long as domiciliary residence is maintained.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 4 - TRAFFIC AND PARKING AT STATE EDUCATIONAL INSTITUTIONS › Section 88-4 - Exempt

Current through Register Vol. 43, No. 28, July 11, 2024
Editor's Note:
Parking and traffic regulations of state educational
				institutions under the control and supervision of the Kansas Board of Regents
				are exempt from the filing requirements of
				K.S.A.
				77-415 et seq. See 77-415(e).
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 8 - KANSAS CAREER WORK-STUDY PROGRAM › Section 88-8-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Terms used herein are defined as follows:
(a) "Employment" means the opportunity of an
			 eligible student to provide, on a part-time basis and for compensation,
			 services to or on behalf of an employer which complement and enhance the
			 educational preparation of the eligible student's career. The services
			 performed shall be subject to the supervision and control of the employer.
(b) "Employer" means any private
			 business, not-for-profit organization, or public agency with a place of
			 business in Kansas which will pay compensation to an eligible student for
			 services performed on a part-time basis by an eligible student as directed and
			 requested by the employer. The definition of employer shall not include the
			 eligible institutions, or their auxiliary enterprises, affiliated corporations
			 or foundations.
(c) "Cost of
			 attendance" means the amount of tuition, required fees, room and board and
			 other related costs as determined by the eligible institution which a student
			 must pay to attend class and receive credit for coursework at the eligible
			 institution.
(d) "Established
			 financial need" means the cost of attendance minus any scholarship or
			 fellowship monies awarded to the eligible student and minus any financial aid
			 received by the eligible student pursuant to title IV of the higher education
			 act of 1965, as amended.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 8 - KANSAS CAREER WORK-STUDY PROGRAM › Section 88-8-2 - Applicant eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
Each eligible institution shall determine the eligibility of
				each student to participate in the program and the number of hours which each
				student may work. To be eligible for program funds, each applicant shall
				demonstrate to the satisfaction of the eligible institution that the applicant:
(a) Is a resident of the state of
			 Kansas;
(b) is enrolled as a
			 student at least half-time at the eligible institution during the fall and
			 spring semesters;
(c) is in need
			 of earnings from employment to assist in the pursuit of a course of study at
			 the eligible institution;
(d) is
			 in good academic standing at the eligible institution as determined by the
			 academic policies of the eligible institution; and
(e) is able to maintain satisfactory academic
			 standing at the eligible institution while participating in the program.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 8 - KANSAS CAREER WORK-STUDY PROGRAM › Section 88-8-3 - Compensation

Current through Register Vol. 43, No. 28, July 11, 2024
The total earnings of each eligible student participating in
				the program shall not exceed the total cost of attendance at an eligible
				institution, or the amount of established financial need on the part of the
				eligible student, whichever is lesser. The eligible institution shall determine
				the salary or wages to be paid to each eligible student and shall contribute a
				minimum of one-half of the minimum federal hourly wage for the eligible
				student. The employer shall pay the remainder of the salary or wage due. The
				employer shall also bear the costs of any employee benefits, including all
				payments due under state or local workers' compensation laws, under the federal
				insurance contribution act, federal and state income tax or under other
				applicable laws.
Kansas Administrative Regulations › Agency 88 - KANSAS BOARD OF REGENTS › Article 8 - KANSAS CAREER WORK-STUDY PROGRAM › Section 88-8-4 - Contractual agreement

Current through Register Vol. 43, No. 28, July 11, 2024
Each eligible institution shall require the use of a uniform
				contractual agreement with the employer and the eligible student. The contract
				shall be prepared by the state board and shall include provisions which:
(a) provide a brief description of
			 the work to be performed by each eligible student;
(b) set forth the hourly rate of pay;
(c) set forth the average number
			 of hours per week each eligible student will work;
(d) provide that the employer has the right
			 to control and direct the services of the student with reference to the results
			 to be accomplished and the means by which it shall be accomplished;
(e) set forth the term of the contract and
			 how the contract may be extended or terminated;
(f) set forth the benefits to be provided by
			 the employer;
(g) set forth the
			 manner of reimbursement of the employee by the eligible institution; and
(h) set forth provisions relating
			 to non-discriminatory treatment.