reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 16 - ELECTRIC UTILITY RENEWABLE ENERGY STANDARDS › Section 82-16-6 - Renewable energy credit program

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Renewable energy credits shall be issued and used as part of a REC program
			 either established or approved by the commission. Each application for approval
			 of any program not approved by the commission in any prior year shall be
			 submitted on or before January 1 of the calendar year in which the RECs are
			 proposed to be included in the portfolio.
(b) Any utility may purchase or sell RECs
			 without commission approval. However, each renewable energy credit shall be
			 counted only once. A REC or any attributes associated with renewable energy
			 generation sold or intended for any purpose other than attainment of the
			 renewable energy goal shall not be applied toward attainment of the renewable
			 energy goal.
(c) For the purpose of
			 RESA, unused RECs shall remain valid for up to two years from the end of the
			 calendar year in which the associated electricity was generated and shall be
			 permanently retired when used for attainment of the renewable energy goal
			 prescribed by the act. To the extent that RECs or attributes associated with
			 renewable energy generation are sold or used for any purpose other than
			 attainment of the renewable energy goal, the utilities shall reduce the
			 capacity used for attainment of the renewable energy goal according to the
			 formula specified in this subsection.
Total Renewable Capacity for Voluntary Attainment = TRC-Cop
				where
Click
				here to view image
TRC = total renewable capacity
COP = renewable capacity sold or used
				for any other purpose than attainment of the renewable energy goal
EOP = energy from RECs or renewable
				energy attributes sold or used for any other purpose than attainment of the
				renewable energy goal
CF = capacity factor for source of
				EOP
(d) Each REC created, sold, or purchased by
			 any Kansas utility shall be reported in an approved registry that documents and
			 verifies attributes and other compliance conditions as well as tracks the
			 creation, sale, retirement, and other transactions regarding the REC to prevent
			 double counting and misuse, in accordance with these regulations and commission
			 direction.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 17 - NET METERING › Section 82-17-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following terms used in the administration and enforcement
				of the Kansas net metering and easy connection act,
				K.S.A.
				66-1263 through
				66-1271 and amendments thereto,
				shall be defined as specified in this regulation.
(a) "Act" means the net metering and easy
			 connection act (NMECA),
			 K.S.A.
			 66-1263 through
			 66-1271 and amendments
			 thereto.
(b) "Customer" means an
			 entity receiving retail electric service from a utility.
(c) "IEEE" means the institute of electrical
			 and electronics engineers, inc.
(d)
			 "IEEE standard 1547" means the IEEE standard 1547, "IEEE standard for
			 interconnecting distributed resources with electric power systems," published
			 by the IEEE on July 28, 2003 and hereby adopted by reference.
(e) "IEEE standard 1547.1" means the IEEE
			 standard 1547.1, "IEEE standard conformance test procedures for equipment
			 interconnecting distributed resources with electric power systems," published
			 by the IEEE on July 1, 2005 and hereby adopted by reference.
(f) "Net metered facility" means the
			 equipment on a customer's side of a meter that meets the requirements in
			 K.S.A.
			 66-1264(b)(1) through
			 (b)(5), and amendments thereto.
(g) "Parallel operation" means a net metered
			 facility that is connected electrically to an electric distribution system for
			 longer than 100 milliseconds.
(h)
			 "REC" means renewable energy credit, as defined in
			 K.S.A.
			 66-1257 and amendments thereto. For purposes
			 of these regulations, this term is reflected on a certificate representing the
			 attributes associated with one megawatt-hour (MWh) of energy generated by a
			 renewable energy resource that is located in Kansas or serves ratepayers in the
			 state.
(i) "UL standard 1741" means
			 the UL standard 1741, "inverters, converters, controllers and interconnection
			 system equipment for use with distributed energy resources," published on
			 January 28, 2010 by underwriters laboratories inc. and hereby adopted by
			 reference.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 17 - NET METERING › Section 82-17-2 - Utility requirements pursuant to the act

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In addition to the requirements set forth
			 in the act, any utility may install, at its expense, equipment to allow for
			 load research metering for purposes of monitoring each net metered
			 facility.
(b) Responsibilities for
			 maintenance, repair, or replacement of meters, service lines, and other
			 equipment provided by the utility shall be governed by the utility's current
			 tariffs and terms of service on file with commission. This equipment shall be
			 accessible at all times to utility personnel.
(c) Each utility's interconnection with a
			 customer-generator's net metered facility shall be subject to the utility's
			 current tariffs and terms of service on file with commission.
(d) Each utility shall enter into a written
			 interconnection application or interconnection agreement with each
			 customer-generator that is equivalent to sample forms available from the
			 commission. Each agreement shall include the following information:
(1) Customer name, mailing address, service
			 address, phone number, and emergency contact phone number;
(2) utility account number and number of
			 meters associated with the account;
(3) information about the net metered
			 facility, including AC power rating, voltage, type of system, address of the
			 net metered facility, and the name of the manufacturer and the model number of
			 the inverter or interconnection equipment;
(4) information about the installation of the
			 net metered facility, including the name and license number of the contractor
			 who installed the facility, and verification that the net metered facility
			 meets the standards in K.A.R. 82-17-1(c), (d), (e), and (i) ;
(5) information regarding dispute resolution
			 opportunities available with the commission as specified in K.A.R. 82-1-20
			 ;
(6) information regarding
			 periodic testing requirements necessary to meet the standards in K.A.R.
			 82-17-1(c), (d), (e), and (i) ; and
(7) verification by a licensed engineer or
			 licensed electrician that the net metered facility has been installed in a
			 manner that meets the requirements of all applicable codes and standards for
			 that net metered facility.
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 17 - NET METERING › Section 82-17-4 - Reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 utility shall annually submit to the commission, by March 1, a report in a
			 format approved by the commission listing all net metered facilities connected
			 with the utility during the prior calendar year, pursuant to the act.
(b) Each report shall specify the following
			 information:
(1) Information by customer
			 type, including the following for each net metered facility:
(A) The type of generation resource in
			 operation;
(B) zip code of the net
			 metered facility;
(C) first year of
			 interconnection;
(D) any excess
			 kilowatt-hours that expired at the end of the prior calendar year;
(E) generator size; and
(F) number and type of meters; and
Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 17 - NET METERING › Section 82-17-5 - Renewable energy credit program

Current through Register Vol. 43, No. 28, July 11, 2024
As specified in
				K.A.R.
				82-16-6, neither utilities nor
				customer-generators may create, register, or sell renewable energy credits
				(RECs) from energy produced by a net metered facility that is used by a utility
				to comply with the requirements of the renewable energy standards act. Each
				utility shall inform a customer-generator if the utility does not intend to use
				the capacity of the customer-generator's net metered facility, in whole or
				part, to comply with these requirements for any specified calendar year or
				years. The utility shall provide this notice on or before October 1 of the year
				preceding the first such specified year.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 1 - GENERAL PROVISIONS › Section 84-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
"Act" means the public employer-employee relations act K.S.A. 75-4321  et seq. and amendments thereto. Terms used in these rules shall have the same meaning as defined in the act unless their context clearly indicates otherwise.
(b) "Party" means any public employee, employee organization, or public employer filing a complaint, petition, or application under the act or these rules; any public employee, employee organization or public employer named as a party in a complaint or petition filed under the act or these rules; any person, organization or public employer whose timely motion to intervene in a proceeding has been granted who has been permitted to intervene in a proceeding under the act or these rules; or any person, employee organization or public employer that has been joined as a necessary party in a complaint or petition filed under the act or these rules by order of the board or presiding officer.
(c) Pleading For purposes of these rules and regulations, pleadings shall include any petition, complaint, answer, motion, application, or notice.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 1 - GENERAL PROVISIONS › Section 84-1-2 - Scope

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Purpose. These rules and regulations are intended as aids to promote the efficient operation of the board and the orderly administration of the act, and to provide meaningful avenues for realizing and for enforcing the statutory rights and obligations of public employees, public employee organizations, and public employers of this state under the act.
(b) Interpretation. These rules shall be liberally construed to effectuate the purposes and provisions of the act.
(c) Waiver. In the event that the application of these rules would not be feasible or would work an injustice, the rules may be waived or suspended by the board at any time or in any proceeding unless such action would deprive a party of substantial rights.
(d) Separability. If any provisions of these rules be held invalid, it shall not be construed to invalidate any of the other provisions of these rules.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 1 - GENERAL PROVISIONS › Section 84-1-3 - Computation of time

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever the time limited in these rules for any act is seven days or more, Saturdays, Sundays and legal holidays shall be included in making the computation. Whenever the time so limited is less than seven days, Saturdays, Sundays and legal holidays shall be excluded. Whenever the last day of any such period shall fall on a Saturday, Sunday or legal holiday, such day shall be omitted from computation. Any time prescribed in these rules may be extended by the board, its designee or the presiding officer for good cause shown. Computation of time shall commence upon service to a party.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 1 - GENERAL PROVISIONS › Section 84-1-4 - Registration and reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Filing annual report. Each employee organization shall file with the board a copy of the annual report required by K.S.A. 75-4337  and amendments thereto.
(b) Proof of employee organization Kansas license registration. Each person who desires to act as a business agent of any public employee organization shall register with the Kansas secretary of state pursuant to K.S.A. 75-4336  and shall show proof of such registration to the board before that person may participate in any proceedings under the public employer-employee relations act, K.S.A. 1988 Supp. K.S.A. 75-4337.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-1 - Service of pleadings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Method, proof, complaints, orders, and other processes and papers of the board. Service of pleadings and orders shall be conducted in accordance with K.S.A. 77-531, and amendments thereto. Complaints, decisions, orders, and other processes and papers of the board may be served personally, by certified mail, by telefacsimile machine, by electronic mail, or by leaving a copy in the proper office or place of business of persons to be served. The return by the individual serving any of these documents, setting forth the manner of service, shall be proof of service. The return post office receipt, when certified and mailed as specified in this subsection, shall be proof of service.
(b) Service by a party. The moving party and respondent in any action shall be required to file the original and five copies of any pleadings with the board or its designee in person, by certified mail, by telefacsimile machine, or by electronic mail. If a party files any pleading with the board by telefacsimile machine or by electronic mail, the party shall file the original and five copies of the pleading with the board either in person or by certified mail within five days of electronically filing the pleading. The moving party shall also cause a copy of the pleading to be served, by regular mail or in person, upon all other parties of record with a statement of certification of service appearing upon the pleading.
(c) Service upon attorney. If a party appears by the party's attorney, all papers other than the complaint, notice of original hearings, and decisions and orders may be served as provided in subsection (d), upon the party's attorney with the same force and effect as though served upon the party.
(d) Service by the board. Once a party has been permitted to intervene in a pending action, upon request of the intervening party the other parties shall be ordered by the board, its designee, or the presiding officer to serve upon the intervening party copies of all pleadings of the other parties filed with the board before the date of intervention.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-2 - Hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General provisions.
(1) Hearings may be conducted by the board, or any member or members thereof, or any member of its staff or other individual designated by the board.
(2) The hearing shall be limited to pertinent matters necessary to determine questions relating to the immediate controversy.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-3 - Intervention and joinder

Current through Register Vol. 43, No. 28, July 11, 2024
Any third party having a legitimate interest in any proceedings may file a petition of intervention setting forth facts sufficient to establish such interest and requesting that the board resolve contested factual matters in its favor. In the alternative any third party may be joined upon a motion by the board, its designee or the presiding officer. Any organization which has a signed, valid memorandum of agreement encompassing the proposed unit or any portion thereof shall be considered to have a legitimate interest in any proceedings upon presentation of same. If the intervention is pursuant to   K.A.R. 84-2-11(e)   the petition must be accompanied with a 30% showing of interest in accordance with K.S.A. 75-4327(d).
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-4 - Authorization cards; acceptability

Current through Register Vol. 43, No. 28, July 11, 2024
Evidence of representation or legitimate interest may be either individual authorization cards, or by petition. In either case, the petition or card must show address of, and be signed and dated by, the employee expressing an intent to be represented by a specific employee organization. A card or petition signed and dated by a public employee less than one year prior to the date on which the petition for certification was filed shall constitute prime facie evidence of continuation of such authorization.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-5 - Validity of showing of interest

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The proof of interest when submitted becomes the property of the board and shall not be furnished to any of the parties. The adequacy of the showing of interest shall be determined by the board or its designee and such decision shall not be subject to collateral attack at a hearing before the board. Proof of interest shall not be required until after unit determination has been made by the board.
(b) Each public employer shall be required to furnish the board with an alphabetical listing of all employees within the appropriate unit including their work site and home addresses as expeditiously as possible, not to exceed 30 days after the filing of a petition for a certification election following unit determination, unless otherwise directed by the board or its designee.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-6 - Units

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Determining appropriate unit.
(1) Any unit may consist of all of the employees of the public employer, or any department, division, section or area, or party or combination thereof, if found to be appropriate by the board, except as otherwise provided in the act or these rules.
(2) In considering whether a unit is appropriate, the provisions of K.S.A. 75-4327(e)  and whether the proposed unit of the public employees is a distinct and homogeneous group, with significant problems which can be adjusted without regard to the other public employees of the public employer shall be considered by the board or presiding officer, and the relationship of the proposed unit to the total organizational pattern of the public employer may be considered by the board or presiding officer. Neither the extent to which public employees have been organized by an employee organization nor the desires of a particular group of public employees to be represented separately or by a particular employee organization shall be controlling on the question of whether a proposed unit is appropriate.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-7 - Petition for unit determination, unit clarification and investigation or certification or decertification of employee organization; of petition

Current through Register Vol. 43, No. 28, July 11, 2024
A petition, form to be provided by the board, may be filed with the board by an employee organization or group of public employees or public employer. The original of the petition shall be signed by the petitioner or his authorized representative and the original and five copies thereof shall be filed with the board.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-9 - Procedure following filing of petitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Petition; amendment or withdrawal. Any petition may be amended, in whole or in part, or withdrawn by the petitioner at any time prior to the filing of an answer by an interested party. A petition may be amended or withdrawn by the petitioner after the filing of an answer by any party or after the board has acted thereon, only with the approval of the board, its designee or the presiding officer and upon such conditions as the board, its designee or the presiding officer may deem proper and just.
(b) Answers. Each party shall file an answer to the petition within 20 days after receipt thereof. The time for filing an answer may be extended by the board, its designee or the presiding officer upon showing of good cause. Failure to answer within 20 days will be deemed as an admission by said party to all allegations in the petition.
(c) Investigation. The parties shall be notified by the board or its designee of the name of the person assigned to investigate the allegations contained in the petition. That person shall direct an investigation of all questions concerning representation, including, if applicable, whether the proof of interest requirement, as set forth in the rules, has been met; whether more than one employee organization seeks to represent some or all of the employees in the allegedly appropriate unit; and whether there is agreement among the parties as to the appropriateness of the alleged unit.
(d) Hearings. The presiding officer may direct a hearing, pursuant to 84-2-2(b), in which event the presiding officer shall prepare and cause to be served upon the parties a notice of hearing before the presiding officer at a time and place fixed therein.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-11 - Elections; eligibility and conditions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an employee organization files a petition for certification a determination shall be made by the board or its designee as to whether a sufficient showing of interest has been filed by said employee organization. If a sufficient showing of interest exists, an order shall be entered by the board or its designee directing an election be conducted by such persons as may be appointed by the board or its designee.
(b) All elections shall be held not later than 30 days from date of validation of the first submitted proof of interest or such other date as the board or its designee may specify, at such times and places and upon such terms or conditions as the board or its designee may specify.
(c) The employees eligible to vote shall be those on the payroll on the date of the validation of proof of interest and who remain on the payroll on the date of the election.
(d) A list of names and work site and home addresses of all eligible employees in the appropriate unit shall be furnished by the board or its designee to all employee organizations submitting proof of interest immediately upon validation of said proof of interest.
(e) A motion for intervention for purpose of representation on an election ballot at a certification election will not be entertained during the 15 days immediately preceding said election.
(f) A notice of election and sample ballot shall be posted not less than seven days prior to the election in conspicuous areas where employees in the affected unit assemble. Orders to cause such posting shall be issued by the board or its designee.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-13 - Certification of election results

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Certification If no objections are filed within the time set forth above, if the challenged ballots are insufficient in number to affect the result of the election, and if no runoff election is to be held, a certification of the results of the election, including certification of representative, where appropriate shall forthwith be issued to the parties by the board or its designee. All employee organizations shall be certified as of the last day of election.
(b) Pre-existing contracts. When a governmental sub-division elects to come under the provisions of K.S.A. 75-4321  et seq. and at the time of such election there are formal written agreements between that governmental sub-division and a recognized employee organization representing one or more employee units entered into prior to the election to come under K.S.A. 75-4321  et seq. and those agreements continue and are in force at the time of such election, either the employer or the recognized employee organization may petition the board to certify the recognized employee organization as the exclusive representative of the employees within the unit. After a determination by the board or its designee that the petitioned for employee unit is not in violation of the act notice of the intent to certify the previously recognized employee organization shall be ordered by the board posted in locations conspicuous to all employees within the proposed employee unit not less than 10 days prior to making a final determination. If no protest or counter petition is filed, the board shall certify the employee organization as petitioned.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-14 - Mediation and fact-finding

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Mediator.
(1) Any information disclosed to the mediator in the performance of his duties shall not be divulged unless approved by all parties involved. All files, records, reports, documents, or other papers received or prepared by the mediator shall be classified as confidential and not as a public record. Such matters shall not be disclosed to anyone without the prior consent of the board and all parties involved.
(2) The mediator shall not produce any confidential records or testimony with regard to any mediation conducted by the mediator on behalf of the party to any case pending in any proceeding before any court, board, investigatory body, arbitrator, or fact-finder without the written consent of the board and the party furnishing such information.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 2 - PROCEDURE › Section 84-2-15 - Arbitration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General provisions. This section governs the general procedure relating to the arbitration proceedings and designation of arbitrators, pursuant to K.S.A. 75-4330(b). The policy of the state primarily is to promote the prompt, peaceful and just settlement of labor disputes arising from the interpretation or application of a memorandum of agreement affecting terms and conditions of employment. Final determination of such disputes may be made by the board or the arbitrators appointed by the board.
(b) Request to initiate arbitration.
(1) A request that the board initiate arbitration shall be in writing and signed by the party or parties filing the request. If not a joint request, the party filing same, at the same time, shall cause a copy thereof to be sent to the other party.
(2) Contents of the request should include:
(A) If a joint request, a statement as to the issue or issues in dispute, or if a request by only one of the parties, a statement as to the alleged issue or issues in dispute.
(B) A copy of the memorandum of agreement in effect.
(C) A request that the board either act as an arbitration board, or appoint either one of its members or staff members or an individual not in the employ of the board, for their consideration in the selection of an arbitrator or board of arbitration.
(D) The names, addresses and phone numbers of the principal representatives of the parties involved.
(E) Suggested dates, time and place for the conduct of the hearing, if the board is requested to appoint one of its members or staff members as the arbitrator.
(F) If a joint request, it shall contain a statement as to whether request is for advisory or binding arbitration.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 3 - PROHIBITED PRACTICES › Section 84-3-1 - Complaints

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Who may file. A complaint that any public employee, employee organization or public employer has engaged in or is engaging in any prohibited practice under the act may be filed by a public employee, a group of public employees, an employee organization or a public employer, any of whom may hereafter be referred to as the party filing the complaint.
(b) Form and filing. Complaint forms shall be provided by the board. The original and file copies of the complaint shall be filed with the board or its designee pursuant to 84-2-1(b).
(c) Answer to complaint; contents. The answer shall contain the following:
(1) A specific admission, denial, or explanation of each allegation of the complaint, or if the filing party is without knowledge thereof, a statement to that effect, such statement operating as a denial. Admissions or denials may be to all or part of an allegation but shall fairly meet the substance of the allegation.
(2) A specific detailed statement of any affirmative defense.
(3) A clear and concise statement of the facts and matters of law relied upon. Any allegation in the complaint not specifically denied in the answer, unless the respondent shall state in the answer that the respondent is without knowledge, and the reasons the respondent is without knowledge, shall be deemed admitted to be true and may be so found by the board.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 3 - PROHIBITED PRACTICES › Section 84-3-2 - Hearing notice

Current through Register Vol. 43, No. 28, July 11, 2024
After a complaint has been filed, if it appears to the board, or its designee, that formal proceedings in respect thereto should be instituted, a notice of hearing pursuant to   K.A.R. 84-2-2b   shall be served on each party by the board or its designee.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 3 - PROHIBITED PRACTICES › Section 84-3-3 - Record of proceedings before the board; prohibited practice cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The record of the proceedings before the presiding officer in prohibited practice cases shall consist of the complaint or amended complaint, any other pleadings, notices of hearings, motions, orders, stenographic report, exhibits, depositions, proposed and final findings of fact and conclusions of law, initial order, final order or order on reconsideration, and staff memoranda or data.
(b) If a prohibited practice proceeding is predicated in whole or in part upon a prior representation proceeding, the record of such prior representation proceeding shall be deemed a part of the record in the prohibited practice proceeding for all purposes.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 3 - PROHIBITED PRACTICES › Section 84-3-4 - Joinder of parties

Current through Register Vol. 43, No. 28, July 11, 2024
All persons alleged to have engaged in any unfair practices may be joined as parties, whether jointly, severally, or in the alternative, and a decision may be rendered against one or more of them upon all of the evidence, without regard to the party by or against whom such evidence has been introduced. No proceedings will be dismissed because of nonjoinder or misjoinder of parties. Upon motion of any party or upon motion of the board, its designee or the presiding officer parties may be added, dropped or substituted at any stage of the proceedings, upon such terms as may be deemed as just and proper. Such motions may be made at or prior to the first hearing in any such proceeding unless good and sufficient cause is shown why it could not have been made at such time. Failure to so move shall be deemed a waiver of all objections to a nonjoinder or misjoinder.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 3 - PROHIBITED PRACTICES › Section 84-3-6 - Strikes or lockouts

Current through Register Vol. 43, No. 28, July 11, 2024
In the case of an alleged violation of K.S.A. 75-4333(c)  (5), the case may be handled in accordance with K.S.A. 77-536  by the board or its designee disregarding normal time limitations.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-1 - Application for approval

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Filing. An application may be submitted by a local government which, acting through its legislative body, has adopted or amended by ordinance or resolution its own provisions and procedures, for a determination by the board that such provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules. Applications under this section shall be in writing and signed by the governing body, or its authorized representative. Such an application may be filed at any time after the applicant has given public notice of its intention to so file and may be withdrawn by the applicant at any time before disposition of it by the board and after giving public notice of such withdrawal. Such public notice shall consist of posting in a conspicuous place at suitable offices of the applicant for not less than five working days and inclusion in a public advertisement in a newspaper of general circulation in the area of the applicant for not less than one day.
(b) Contents of application. An application for determination that local provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules shall contain the following:
(1) Name and address of the applicant.
(2) A copy of the local law, ordinance or resolution adopted or amended by the legislative body of the applicant.
(3) If an amendment, a statement as to whether the ordinance or resolution to be amended has been determined to be substantially equivalent to the provisions and procedures set forth in the act and these rules, and if so, whether the board has determined that the continuing implementation of such ordinance or resolution was not substantially equivalent to such provisions and procedures.
(4) A copy of the public notice announcing the application and a description of the manner and date of its publication.
(5) The names and addresses of any employee organizations which have been certified or recognized to represent any public employees of the applicant.
(6) The names and addresses of any other employee organizations which claim to represent any public employees of the applicant.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-2 - Objections

Current through Register Vol. 43, No. 28, July 11, 2024
Within 15 working days after receipt of the application by the board, any public employee or employee organization may file an objection to the granting of the application. The late filing of an objection may be excused by the board or its designee for extraordinary circumstances.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-3 - Investigation and hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The applicant and any interested party shall be notified by the board or its designee of the name of the person assigned to investigate the allegations contained in the application. That person shall direct an investigation of any questions raised by the application and such objections to the application as may be filed with the board or its designee. In conducting such an investigation, the presiding officer may require affidavits or direct a hearing. If a hearing is directed, the presiding officer shall prepare and cause to be served upon the applicant and any interested party a notice of hearing before the presiding officer at a time and place fixed therein.
(b) In the event a hearing is directed, the provisions of section 84-2-2  of these rules shall govern.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-4 - Determination by the presiding officer

Current through Register Vol. 43, No. 28, July 11, 2024
No later than 30 days after the conclusion of the hearing or after submission of proposed findings of fact, conclusions of law and briefs, the presiding officer shall issue findings of fact, conclusions of law and an initial order, unless the 30 day period is waived or extended with the written consent of all parties or for good cause shown. All parties shall be served with the presiding officer's decision and initial order.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-5 - Termination or amendment of procedures by a local government

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To be approved, the provisions and procedures established by a local government pursuant to K.S.A. 75-4335  must provide, inter alia, that termination of such procedures shall become effective no sooner than 60 days after the filing with the board of a duly certified copy of an ordinance or resolution of such local government terminating the applicability of the local provisions and procedures, or on the date specified in the ordinance or resolution, whichever is later. The provisions and procedures must also provide that the local government will give public notice of the termination of the local procedures at least 45 days prior to the effective date thereof, by posting in a conspicuous place at suitable offices of its own for not less than five working days and inclusion in a public advertisement in a local newspaper of general circulation for not less than one day.
(b) To be approved, the provisions and procedures established by a local government pursuant to K.S.A. 75-4335  must provide, inter alia, that no amendment shall be effective until the board finds that the provisions and procedures as amended, are substantially equivalent to the provisions and procedures set forth in the Act and these rules.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-6 - Local regulations

Current through Register Vol. 43, No. 28, July 11, 2024
Upon approval of the provisions and procedures established by a local government pursuant to K.S.A. 75-4335, the local agency shall perform the duties set forth in K.S.A. 75-4327  and K.S.A. 75-4328. Within 45 days from the date of such approval, the local agency must adopt rules of procedure substantially equivalent to K.S.A. 75-4321
et seq.
, and the regulations adopted by the public employee relations board.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 4 - LOCAL GOVERNMENT PROCEDURES › Section 84-4-7 - Procedures for the review of implementation of local government procedures pursuant to K.S.A. 75-4335

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General provisions. The fact that a local government has not adopted rules and regulations within 45 days after the board has determined that its provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules, shall be prima facie evidence that the local government has not implemented its provisions and procedures in a manner substantially equivalent to the provisions and procedures as set forth in the act and these rules.
(b) Petiton; filing. A petition to review the question of whether provisions and procedures of local government are being implemented in a manner substantially equivalent to the provisions and procedures set forth in the act and these rules,
hereinafter called a petition for review, may be filed by any public employee or employee organization. Petitions under this section shall be in writing upon forms to be provided by the board. The original and five copies of the petition shall be filed with the board within 60 days after the act or non-action complained of occurred or failed to occur. Petition forms will be supplied by the board upon request. The petition may be withdrawn any time prior to action by the board, its designee or the presiding officer. Each party shall file an answer to the petition for review within 10 days after receipt thereof.
(c) Time for filing of petitions. A petition for review may be filed at any time.
(d) Contents of petitions for review. A petition for review shall contain the following:
(1) The name, affiliation, if any, and address of petitioner.
(2) The name of the local government involved.
(3) The names and addresses of any other employee organizations which claim to represent any public employees under the jurisdiction of the local government involved.
(4) A clear and concise statement of the grounds for alleging that the local government provisions and procedures, as implemented, are not substantially equivalent to the provisions and procedures set forth in the act and these rules.
Kansas Administrative Regulations › Agency 84 - PUBLIC EMPLOYEE RELATIONS BOARD › Article 5 - IMPASSE › Section 84-5-1 - Impasse; petition; filing

Current through Register Vol. 43, No. 28, July 11, 2024
In the event of an impasse, a request for assistance of the board, may be filed with the board or its designee by an employee organization or public employer organization or public employer, showing whether a joint or single party request is being made.
Kansas Administrative Regulations › Agency 85 - ABSTRACTERS' BOARD OF EXAMINERS › Article 3 - ABSTRACT BONDS › Section 85-3-2 - Abstract bonds

Current through Register Vol. 43, No. 28, July 11, 2024
Prior to the issuance of a license, each applicant shall file a bond in the amount of $25,000.00 with the secretary of the abstracters' board of examiners and in each county in which the applicant intends to do business.
Kansas Administrative Regulations › Agency 85 - ABSTRACTERS' BOARD OF EXAMINERS › Article 6 - INSURANCE › Section 85-6-1 - Insurance

Current through Register Vol. 43, No. 28, July 11, 2024
Prior to the issuance of a license, each applicant shall file with the secretary of the abstracters' board of examiners an errors and omissions insurance policy in an amount of not less than $25,000.00 and with a deductible of not more than a maximum amount which would be equal to 10 percent of the policy amount. This policy shall be effective throughout the term of the license.
Kansas Administrative Regulations › Agency 85 - ABSTRACTERS' BOARD OF EXAMINERS › Article 7 - EXAMINATION FEES › Section 85-7-1 - Examination fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The fee for the
			examination shall be $75.00.
(b) If an applicant
			does not pass the examination the
			first time, the applicant's fee for a
			second examination shall be
			$50.00.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-3 - Expiration of licenses

Current through Register Vol. 43, No. 28, July 11, 2024
The expiration date for each original license issued by the
						commission shall be the first day of the month of issuance two years after the
						issuance date. Each license renewed by the commission shall expire two years
						after the expiration date of the preceding license.
This regulation shall be effective on and after January 1,
						2019.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-5 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant shall pay a fee in an
			 amount equal to the actual cost of the examination and the administration of
			 the examination to the testing service designated by the commission.
(b) Each applicant shall submit the following
			 fees for licensure to the commission:
(1) For
			 submission of an application for an original salesperson's license, a fee of
			 $15;
(2) for submission of an
			 application for an original broker's license, a fee of $50;
(3) for an original salesperson's license, a
			 prorated fee based on a two-year amount of $125;
(4) for an original broker's license, a
			 prorated fee based on a two-year amount of $175;
(5) for renewal of a salesperson's license, a
			 two-year fee of $125;
(6) for
			 renewal of a broker's license, a two-year fee of $175;
(7) for each branch office, a fee of $100;
			 and
(8) for each primary office of
			 a company created or established by a supervising broker, a fee of
			 $100.
Kansas Administrative Regulations › Agency 86 - KANSAS REAL ESTATE COMMISSION › Article 1 - EXAMINATION AND REGISTRATION › Section 86-1-10 - Approved courses of instructions; procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Definitions. Each of the following terms, as defined in this subsection, shall
			 apply to   K.A.R. 86-1-10  through    K.A.R. 86-1-12  and    K.A.R. 86-1-17:
(1) "Commission" means Kansas real estate
			 commission.
(2) "Coordinator" means
			 an individual who serves as the primary contact for a school and is responsible
			 for complying with the requirements in this regulation.
(3) "Course" means instruction designed to
			 fulfill the education requirements of K.S.A. 58-3046a, and amendments
			 thereto.
(4) "Distance education
			 course" means a course for which the school provides instructional materials by
			 mail or electronic transmission to students who are physically separated from
			 the instructor for all or a portion of the course.
(5) "In-person education course" means a
			 course provided to students who are not physically separated from the
			 instructor.
(6) "Monitoring" means
			 review of approved courses by commission staff to ensure that the attendance,
			 presentation platform, instruction time, outline, and materials provided by
			 schools meet the requirements of the commission.
(7) "School" means an entity eligible under
			 K.S.A. 58-3046a(g), and amendments thereto, to offer courses approved by the
			 commission.