Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 40 - GENERAL PROVISIONS › Section 21-40-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Incorporated by reference are the definitions of K.S.A.
				44-1002. In addition, the following words and terms shall have the following
				meaning:
(a) "Acting executive
			 director" means the person appointed by the commission to perform the
			 functions, powers and duties of the executive director, or the person appointed
			 to perform the functions, powers and duties of the executive director per rule
			 K.A.R. 21-40-6.
(b) "Adjudication"
			 means any order, decree, decision, determination or ruling affecting personal
			 or property rights, privileges, immunities, duties, liabilities or obligations
			 of any or all of the parties to the proceeding in which the adjudication is
			 made.
(c) "Attorney" means any
			 licensed attorney currently admitted to practice before the supreme court of
			 the state of Kansas or any attorney at law authorized to enter his appearance
			 per rule K.A.R. 21-40-13.
(d)
			 "Chairman" shall mean the chairman of the commission on civil rights duly
			 designated by the governor pursuant to K.S.A. 44-1003, or, in the event of his
			 absence, the acting chairman designated by the remaining members of the
			 com-mission.
(e) "Commission"
			 means the commission on civil rights created and amended by the Kansas act
			 against discrimination, or as the context indicates, any member thereof.
(f) "Commissioner" shall mean one
			 of the duly appointed members of the commission on civil rights.
(g) "Commission's attorney" shall mean an
			 attorney designated to assist the commission to carry out the provisions of
			 this act subject to approval by the attorney general.
(h) "Complainant" shall mean any person
			 filing a complaint with the commission.
(i) "Complaint" shall mean a written
			 statement made under oath and filed with the commission alleging any violation
			 of any statutory or other authority, orders, rules or regulations over which
			 the commission may have jurisdiction or which the commission may enforce.
(j) "Discrimination" means any
			 direct or indirect exclusion, distinction, segregation, limitation, refusal,
			 denial, or any other differentiation or preference in the treatment of a person
			 or persons on account of race, religion, color, sex, physical handicap,
			 national origin or ancestry, and/or any denial of any right, privilege, or
			 immunity, secured or protected by the constitution or laws of Kansas or the
			 United States. Discrimination shall include but not be limited to any practice
			 which produces a demonstrable racial or ethnic effect without a valid business
			 motive.
(k) "Executive director"
			 means the executive director employed by the commission.
(l) "Formal record" means all the filings and
			 submittals in a matter or proceeding, any notice or agency order initiating the
			 matter or proceeding, and if a hearing is held, the following: the designation
			 of the presiding officer, transcript of hearing, all exhibits received in
			 evidence, all exhibits offered but not received in evidence, offers of proof,
			 motions, stipulations, subpoenas, proofs of service, references to the
			 commission, and determinations made by the commission thereon, certifications
			 to the commission, and anything else upon which action of the presiding officer
			 or the agency head may be based; but not including any proposed testimony or
			 exhibits not offered or received in evidence.
(m) "Hearing commissioners" shall mean the
			 commissioners designated by the chairman to conduct a pre-hearing, hearing,
			 rehearing, reopen a hearing, or to proceed with any matter before the
			 commission.
(n) "Interveners"
			 means persons intervening or petitioning to intervene when admitted as a
			 participant to a proceeding. Admission as an intervener shall not be construed
			 as recognition by the commission that such intervener has a direct interest in
			 the proceeding or might be aggrieved by any order of the commission in such
			 proceed-ing.
(o) "Investigating
			 commissioner" shall mean the commissioner duly designated by the commission to
			 make investigation of a verified complaint filed with this commission, or to
			 conduct any investigation initiated by the commission without the filing of a
			 verified complaint.
(p) "Issue"
			 means to prescribe or promulgate.
(q) "Matter or proceeding" means the
			 elucidation of the relevant facts and applicable law, consideration thereof,
			 and action thereupon by the commission with respect to a particular subject by
			 the commission, initiated by a filing or submittal or commission notice or
			 order.
(r) "Party" means the
			 complainant, the respondent, and any other person authorized by the commission
			 to intervene in any proceeding.
(s) "Petitioners" means persons seeking
			 relief, not otherwise designated in this section.
(t) "Pleading" means any application,
			 complaint, petition, answer, protest, reply or other similar document filed in
			 an adjudicatory pro-ceeding.
(u)
			 "Presiding officer" means any member of the commission, or one or more hearing
			 examiners appointed according to law and duly designated to preside at hearings
			 or conferences, or other officers duly designated to conduct specified classes
			 of proceedings.
(v) "Probable
			 cause" means the presence of a reasonable ground for belief in the existence of
			 the alleged facts of a violation of any statutory or other authority, orders,
			 rules or regulations over which the commission may have jurisdiction or which
			 the commission may enforce.
(w)
			 "Proposed report" means the written statement of the issues, the facts, and the
			 findings that a hearing examiner or other subordinate officer proposes the
			 commission should make, with the reasons therefor, whether or not including a
			 recommended order.
(x)
			 "Respondent" shall mean any person against whom a complaint has been filed
			 alleging an unlawful employment practice or unlawful discriminatory practice
			 within the meaning of this act.
(y) "Segregation" shall include but not be
			 limited to any practice which results in any discriminatory grouping.
(z) "Submittal" means any document
			 filed in a nonadversary proceeding.