Kan. Admin. Regs. Agency 16 — Attorney General

Article 1 Private Detectives and Agencies

Kan. Admin. Regs. § 16-1-7 Fees

(a) The following fees shall be charged:

(b) All fees shall be submitted by personal check, money order, cashier's check, certified check, or credit card.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2003 Supp. 75-7b22; implementing K.S.A. 2003 Supp. 75-7b04, K.S.A. 2003 Supp. 75-7b05, as amended by L. 2004, ch. 139, sec. 1, K.S.A. 2003 Supp. 75-7b07, as amended by L. 2004, ch. 139, sec. 2, K.S.A. 2003 Supp. 75-7b17, as amended by L. 2004, ch. 139, sec. 4, K.S.A. 2003 Supp. 75-7b21, as amended by L. 2004, ch. 139, sec. 5, and K.S.A. 2003 Supp. 75-7b22; effective Nov. 6, 1998; amended Feb. 11, 2005.)

Article 2 Definitions

Kan. Admin. Regs. § 16-2-1a Definitions

(a) "Associates" means persons who share ownership of a private detective agency that is not incorporated or established as a legal partnership.

(b) "Capper" or "runner" means a person acting on behalf of an attorney who coordinates a staged automobile accident or acts as a decoy or lure for the purpose of swindling or any other fraudulent purpose.

(c) "Firearms trainer" means a person certified by the the attorney general to train private detective applicants for a firearm permit in the handling of firearms and the lawful use of force.

(d) "Independent private detective" means a person who engages in detective business but who is not employed by a licensed private detective agency and who does not regularly employ any other person to engage in detective business.

(e) "License" means a certificate and card, issued by the attorney general upon proper application, testing, and approval, authorizing a person to engage in Kansas in detective business as a private detective or private detective agency.

(f)(1) "Special commission" means any type of identification issued by a law enforcement agency or law enforcement officer that grants any temporary or permanent law enforcement authority, including any of the following:

(A) Deputy;

(B) special deputy;

(C) special assistant;

(D) reserve officer; or

(E) special officer.

(2) A special commission shall not include a commission issued by a law enforcement agency that identifies the holder as a private detective or private security officer, or as a retired or honorary law enforcement officer, but that does not grant any law enforcement authority.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b01, as amended by L. 1998, ch. 183, sec. 1; effective Nov. 6, 1998.)

Article 3 Applications for Private Detective License

Kan. Admin. Regs. § 16-3-1 Procedure

(a) An applicant for a private detective license or a private detective agency license shall be required to appear at a time and location designated by the attorney general for a written examination and oral interview.

(b) An applicant who fails to pass the written examination may retake the examination two times at a scheduled examination date.

(1) The first reexamination shall occur within 30 days after notice of the results of the original exam is provided to the applicant.

(2) A second reexamination shall occur within 30 days after notice of the results of the first reexamination is provided to the applicant.

(3) An applicant who does not successfully pass the examination after three attempts shall be denied a license to engage in detective business.

(c) An applicant denied a license as a private detective or detective agency for failure to pass the written examination within three attempts shall not make application under the provisions of the Kansas private detective licensing act within 12 months following the denial of the license.

(d) The certificates of reference submitted by an applicant for a private detective license or a private detective agency license shall be dated within four months of the date the application is received by the attorney general.

(e) An applicant for a private detective license or a private detective agency license shall provide information concerning discharge from the United States military service in relation to the applicant and any officer, director, partner, or associate of the applicant.

(f) An applicant for a private detective license or a private detective agency license shall submit two classifiable sets of the applicant's right- and left-hand fingerprints on forms provided by the attorney general. The applicant shall have fingerprints taken by an officer or employee of a law enforcement agency. The name of the law enforcement agency and the name of the person taking the fingerprints shall be clearly identified on the form.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b04, as amended by L. 1998, ch. 183, sec. 3, and K.S.A. 75-7b20; effective May 1, 1982; amended Feb. 13, 1995; amended Nov. 6, 1998.)

Kan. Admin. Regs. § 16-3-2 Renewal

(a) An applicant for renewal of a private detective license or a private detective agency license shall provide verification of a surety bond, insurance or deposit as required by K.S.A. 75-7b11 and amendments thereto.

(b) An applicant for renewal of a private detective license or a private detective agency license shall provide information as requested in the renewal application which pertains to acts and conduct prohibited by K.S.A. 75-7b08 and K.S.A. 75-7b13 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b07; effective May 1, 1982; amended Feb. 13, 1995.)

Kan. Admin. Regs. § 16-3-3 Additional qualifications for private detectives

In addition to the qualifications established in K.S.A. 75-7b04 and amendments thereto, an applicant for a private detective license or a private detective agency license shall:

(a) be a high school graduate or have earned a graduate equivalency degree;

(b) not be incompetent, incapacitated or impaired by reason of mental condition, deficiency or disease; and

(c) not evidence current addiction to, dependence on or abuse of alcohol or a controlled substance as defined in K.S.A. 65-4101 and amendments thereto. Such evidence may include, but is not limited to conviction of any crime involving the possession, use, consumption or self-administration of alcohol or any controlled substance as defined in K.S.A. 65-4101 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b04 and K.S.A. 75-7b18; implementing K.S.A. 75-7b04; effective Feb. 13, 1995.)

Article 4 Continuing Education

Kan. Admin. Regs. § 16-4-2 Continuing professional education requirements

(a) Commencing December 31, 2006, each applicant for renewal of a private detective license that expires on December 31 of the year of its issuance and is renewed every two years thereafter shall have completed eight hours of acceptable continuing professional education obtained within the biennial renewal period before submitting the renewal application.

(b) For each individual whose initial private detective license is issued on or after July 1, 2004, for renewal of the license the individual shall have completed eight hours of acceptable continuing professional education before submitting the renewal application.

(c) The standards used to determine acceptable continuing professional education shall include the following:

(1) One hour shall equal 50 minutes of participation in a group or self-study program. One-half hour shall equal 25 minutes of participation in a group or self-study program.

(2) The hours devoted to actual preparation time by an instructor or speaker for formal programs shall be computed at a maximum of up to twice the number of continuing education credits that a participant would be entitled to receive.

(3) The hours served as an instructor or speaker shall be included to the extent that the hours contribute to the professional competence of the applicant. Repeated presentations of the same program shall not be counted unless the instructor or speaker demonstrates that the program content was substantially changed and the change required significant additional study or research.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-7b18 and K.S.A. 2003 Supp. 75-7b07, as amended by L. 2004, Ch. 139, § 2; effective Feb. 11, 2005.)

Kan. Admin. Regs. § 16-4-3 Continuing professional education programs; requirements

(a) Any program designed to allow a participant to learn a given subject through interaction with an instructor and other participants either in a classroom or conference setting or by self-study may be approved for continuing education credit if the program meets the following conditions:

(1) The program is a formal program of learning that requires attendance and meets either of the following requirements:

(A) Maintains or improves the professional competence of the applicant in providing detective business services; or

(B) maintains or improves the applicant's ability to operate and manage a detective business.

(2) An outline of the program is prepared in advance and provided to the applicant.

(3) The program is at least 50 minutes in length.

(4) The program is conducted by a person qualified in the subject area.

(5) A record of registration and attendance is retained.

(b) The following types of programs shall qualify as acceptable continuing education if they meet the requirements of subsection (a):

(1) Programs offered by the Kansas association of licensed investigators, the Kansas association of private investigators, or any other state or national organization or association of private detectives or investigators;

(2) programs offered by any individual, organization, association, or commission that provides education or training in the subjects identified in paragraph (a)(1)(A) or (B);

(3) university or college credit courses. Each semester hour of credit shall equal 15 hours of continuing education credit. Each quarter hour of credit shall equal 10 hours of continuing education credit; and

(4) university or college noncredit courses. These courses shall qualify for continuing professional education credit that equals the number of actual, full 50-minute class hours attended.

(c) Any individual self-study program that allows a participant to learn a particular subject without the major involvement of an instructor may be eligible for continuing education credit if all of the following conditions are met:

(1)(A) The program is offered by the Kansas association of licensed investigators, the Kansas association of private investigators, or any other state or national organization or association of private detectives or investigators; or

(B) the program is offered by any individual, organization, association, or commission that provides education or training in the subjects identified in paragraph (a)(1)(A) or (B).

(2) The program requires registration.

(3) The program includes a final examination.

(4) The participant scores at least 70 percent on the final examination.

(5) The participant provides a certificate of satisfactory completion.

(d) The amount of credit for self-study programs shall be determined as follows:

(1) Self-study programs may be approved for one hour of continuing education credit for each 50 minutes of participation and one-half hour for each 25-minute period of participation.

(2) The amount of credit shall not exceed the number of recommended hours assigned by the program sponsor.

(e) The training required by K.A.R. 16-6-1 shall not qualify as acceptable continuing professional education.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-7b18 and K.S.A. 2003 Supp. 75-7b07, as amended by L. 2004, Ch. 139, § 2; effective Feb. 11, 2005.)

Kan. Admin. Regs. § 16-4-4 Continuing professional education; documentation

(a) When applying for renewal of the private detective license, each applicant shall provide one copy of all documents evidencing completion of each program of continuing professional education obtained within the biennial renewal period before the applicant's submission of the renewal application. Each document evidencing program completion shall include the following information:

(1) The individual, organization, school, or sponsor conducting the program;

(2) the location of the program attended;

(3) the title of the program, or a brief description of the program;

(4) the dates attended or the date on which the program was completed; and

(5) the number of minutes in which the applicant participated.

(b) Any applicant may be required by the attorney general to verify the information specified in subsection (a) or to provide additional information as a part of the renewal application.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-7b18 and K.S.A. 2003 Supp. 75-7b07, as amended by L. 2004, Ch. 139, § 2; effective Feb. 11, 2005.)

Article 5 Firearm Trainers

Kan. Admin. Regs. § 16-5-1 Individuals deemed personally qualified and knowledgeable

(a) An applicant for a firearm trainer certificate shall be considered personally qualified to train private detectives in the handling of firearms upon successful completion of approved firearms training meeting either of these criteria:

(1) Within two years before application for a firearm trainer certificate; or

(2) within five years before application for a firearm trainer certificate if the applicant has also had subsequent experience training persons in the handling of firearms within two years before application.

(b) Training shall be approved if the applicant for a firearm trainer certificate successfully completed a minimum of 40 clock hours of education and training through any combination of law enforcement, military, or private firearm courses that included education and training in the following:

(1) Firearms fundamentals and safety;

(2) marksmanship fundamentals and safety procedures;

(3) instruction in daylight, dim light, and darkness shooting;

(4) care, cleaning and maintenance of firearms;

(5) instruction in basic firearms retention and disarming techniques;

(6) shooting proficiency demonstrated with a firearm; and

(7) teaching or instructing abilities.

(c) An applicant for a firearm trainer certificate shall provide verification of the successful completion of approved firearm training by providing the following:

(1) A copy of the original certificate of completion of the course or courses; and

(2) a copy of the training course agenda, a statement from the course instructor or instructors, or an affidavit from the applicant that verifies the education and training requirements.

(d) An applicant for a firearm trainer certificate shall be considered personally qualified to train private detectives in the lawful use of force upon verification of successful completion of 10 clock hours of formal classroom or course instruction on the lawful use of force.

(e) In order to establish that an applicant for a firearm trainer certificate is a person of good character and reputation, an applicant shall meet either of these requirements:

(1) Be licensed as a private detective; or

(2) (A) Provide affidavits from five or more reputable citizens who have known the applicant for a period of at least five years and who are not related to the applicant by blood or marriage, attesting that the applicant is a person of good moral character and reputation; and

(B) provide two classifiable sets of the applicant's right- and left-hand fingerprints on forms provided by the attorney general, one of which shall be submitted to the Kansas bureau of investigation and one of which shall be submitted to the federal bureau of investigation for a fingerprint check to determine any criminal history of the applicant. The applicant shall have fingerprints taken by an officer or employee of a law enforcement agency. The name of the law enforcement agency and the name of the person taking the fingerprints shall be clearly identified on the form.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b21, as amended by L. 1998, ch. 183, sec. 13; effective May 1, 1982; amended April 12, 1996; amended Nov. 6, 1998.)

Kan. Admin. Regs. § 16-5-4 Plan of operation of training

(a) Each applicant for a firearm trainer certificate shall submit a proposed plan of operation for training private detectives in the handling of firearms and the lawful use of force to the attorney general for approval.

(1) The plan of operation shall be tailored to private detective business and be sufficiently detailed to enable the attorney general to evaluate the content of the plan.

(2) The applicant shall include a descriptive list of all materials and aids proposed to be used in the training and instruction.

(3) For an applicant for an initial firearm permit the plan of operation shall consist of a minimum of 16 clock hours of education and training.

(4) For an applicant for renewal of a firearm certificate the plan of operation shall consist of 8 clock hours of training and education.

(5) The plan of operation shall include the following:

(A) training and instruction which cover the following areas:

(i) instruction in lawful use of force by a private detective, including concepts of civil liability and criminal culpability;

(ii) weapons fundamentals and safety;

(iii) marksmanship fundamentals and safety procedures;

(iv) care, cleaning and maintenance of weapons;

(v) familiarization instruction in basic weapon retention and disarming techniques;

(vi) familiarization instruction in daylight, dim-light and darkness shooting; and

(vii) instruction and shooting exercises with semi-automatic pistols or revolvers;

(B) a written examination which requires the trainee to obtain a 70 percent pass score and covers the areas listed in paragraph (a)(5)(A)(i), (ii), (iii), (v), and (vi); and

(C) a daylight course of fire which requires the trainee to fire 35 out of 50 rounds into the center mass portion of the national rifle association TQ-19 target in a static position. The firing shall be from positions specified by the certified firearm trainer and from distances that vary as specified by the certified firearm trainer from a minimum of three feet to a maximum of 75 feet.

(b) The plan of operation may provide for a trainer to excuse a trainee from firing with a particular hand when the trainee has demonstrated to the trainer a disability with that hand or arm.

(c) An applicant for a firearm trainer certificate shall be afforded the opportunity to correct any deficiencies in the plan of operation which are identified by the attorney general.

(d) After the plan of operation has been approved by the attorney general, a firearm trainer shall submit any proposed modifications to the attorney general for approval.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b21; effective May 1, 1982; amended April 12, 1996.)

Kan. Admin. Regs. § 16-5-5 Notice of completion

(a) Firearms trainers shall furnish notice to the attorney general through the Kansas bureau of investigation when an applicant for a firearm permit or an applicant for renewal of a firearm permit has completed a firearm training course within 10 days of the date the training course was completed.

(b) The notice shall be in a form prescribed by the attorney general and shall include:

(1) the name of the applicant for a firearm permit;

(2) the name of the firearm trainer;

(3) the firing range proficiency of the applicant;

(4) the make and serial number of the firearm used to qualify;

(5) the dates the training course was given;

(6) the applicant's written examination score; and

(7) whether the applicant failed or successfully completed the training course.

(c) A copy of this notice shall be given to the applicant and a copy shall be retained by the firearm trainer.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b17; effective May 1, 1982; amended April 12, 1996.)

Article 6 Firearm Permits

Kan. Admin. Regs. § 16-6-1 Training in the handling of firearms

(a) A firearm permit shall not be granted unless, within six months before submission of the application for the permit, the applicant has met the following requirements:

(1) Satisfactorily completed a minimum of 16 clock-hours of education and training in the areas listed in K.A.R. 16-5-4(a)(5)(A) from a certified firearms trainer who is other than the applicant;

(2) passed the written examination specified in K.A.R. 16-5-4(a)(5)(B); and

(3) satisfied the course of fire requirement specified in K.A.R. 16-5-4(a)(5)(C).

(b) Notwithstanding subsection (a), an initial firearm permit may be granted to an applicant who meets both of the following requirements:

(1) Completes law enforcement training pursuant to K.S.A. 75-7b17(a)(2) and amendments thereto; and

(2) provides a certificate attesting to the satisfactory completion of this law enforcement training.

(c) A firearm permit shall not be renewed unless, within each of the two years before expiration of the permit, the applicant has met the following requirements:

(1) Satisfactorily completed a minimum of two-clock hours of training in any of the areas listed in K.A.R. 16-5-4(a)(5)(A) by a certified firearms trainer who is other than the applicant; and

(2) satisfied the course of fire requirement specified in K.A.R. 16-5-4(a)(5)(C).

(d) Firearm permits shall be granted only for the firearm or firearms for which the applicant has satisfactorily completed a course of fire from a firearms trainer as specified in K.A.R. 16-5-4(a)(5)(C).

(e) Notwithstanding subsection (d), an initial firearm permit shall be granted to each applicant for an initial firearm permit who complies with subsection (b), except that the applicant shall notify the Kansas bureau of investigation of each firearm for which the firearm permit is issued.

(f) Each holder of a firearm permit shall notify the attorney general through the Kansas bureau of investigation within 72 hours of any change of or additional firearm that the permit holder intends to carry. The permit holder shall qualify with this firearm by successfully completing a course of fire as specified in K.A.R. 16-5-4(a)(5)(C) within 30 days of changing or adding a firearm.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2003 Supp. 75-7b17, as amended by L. 2004, Ch. 139, § 4, and K.S.A. 75-7b18; effective May 1, 1982; amended April 12, 1996; amended Nov. 6, 1998; amended April 7, 2000; amended Feb. 11, 2005.)

Kan. Admin. Regs. § 16-6-2 Demonstrates a need

To demonstrate a need to carry a firearm in order to protect the licensee's life or property or to protect the life or property of a client, an applicant for a firearm permit shall be required to submit a written statement which describes the type of private detective business in which the applicant engages or intends to engage and the specific reasons the applicant believes carrying a firearm is necessary for that type of detective business.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b17; effective Feb. 13, 1995.)

Kan. Admin. Regs. § 16-6-3 Firearm permit badge

A private detective who holds a firearm permit may obtain a firearm permit badge and a badge holder upon written request to the attorney general through the Kansas bureau of investigation and upon payment to the attorney general through the Kansas bureau of investigation for reimbursement of the cost of the badge and the badge holder.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-7b18; implementing K.S.A. 75-7b17, as amended by L. 1998, ch. 183, sec. 12; effective Nov. 6, 1998.)

Article 8 Roofing Contractors

Kan. Admin. Regs. § 16-8-1 Definitions

For the purpose of the act and this article, each of the following terms shall have the meaning specified in this regulation:

(a) "Act" means Kansas roofing registration act.

(b) "Applicant" means a person applying for an initial registration certificate or the renewal or reinstatement of a registration certificate.

(c) "Conviction" shall include the following, whether the penalty has been imposed, reduced, or suspended, unless the conviction has been legally expunged:

(1) An unvacated adjudication of guilt;

(2) a plea of guilty or nolo contendere accepted by the court; and

(3) a deferred judgment, diversion, or probation agreement.

(d) "Direct supervision" means that the registered roofing contractor is overseeing the person being supervised and is physically present at the work site.

(e) "Roofing material" shall include cedar, cement, metal, and composition shingles; wood shakes; cement and clay tile; built-up roofing; single-ply roofing materials; fluid-type roofing systems; spray urethane foam; asphalt; protective or reflective materials; deck coatings; sheet metal; and tar.

(f) "Roofing services" shall include the following services on any type of roof:

(1) Installation or repair of any roofing material;

(2) installation or repair of roof sheathing;

(3) installation, application, or repair of roof dampproofing or weatherproofing, roof insulation panels, or other roof insulation systems, including work incidental to the installation or application;

(4) repair of structural damage to an existing roof-support system; and

(5) installation or repair of skylights.

(g) "Valid registration certificate" means a roofing contractor registration certificate issued by the attorney general that has not been suspended or revoked.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 Supp. 50-6,122 and 50-6,124; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Kan. Admin. Regs. § 16-8-2 Initial application

Each person seeking an initial registration certificate shall submit an application that includes the following:

(a) An initial application form provided by the attorney general and fully completed by the applicant;

(b)(1) If the applicant is a natural person, a copy of a current state or federal government-issued photographic identification that demonstrates that the applicant is at least 18 years old; or

(2) if the applicant is a business entity, a copy of a current state or federal government-issued photograph identification for each designated agent who will act as a roofing contractor for the entity that demonstrates that each designated agent is at least 18 years old;

(c) a copy of the applicant's current and valid certificate of liability insurance in an amount of at least $500,000 from an insurance company authorized by the Kansas insurance department to do business in Kansas or a nonadmitted insurer eligible to write excess coverage on Kansas risks as permitted by Kansas law;

(d) a copy of the applicant's current and valid certificate of workers' compensation insurance under the Kansas workers' compensation act, an affidavit of exemption, or a copy of a valid self-insurance permit issued by the Kansas department of labor;

(e) a current and valid tax clearance certificate from the Kansas department of revenue;

(f) if the applicant is a nonresident contractor, a current and valid appointment of the Kansas secretary of state as legal agent for service of process;

(g) payment of the initial registration certificate fee specified K.A.R. 16-8-6; and

(h) if the applicant holds or has held a registration, certificate, permit, or license as a roofing contractor issued by any other state, current and certified documentation from the appropriate state agency in each such state showing whether the applicant is in good standing, has pending disciplinary proceedings, or has had disciplinary action taken against the registration, certificate, permit, or license.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 50-6,125; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Kan. Admin. Regs. § 16-8-3 Renewal application

Each person seeking renewal of a registration certificate shall submit a renewal application that includes the following:

(a) A renewal form provided by the attorney general and fully completed by the applicant;

(b) a copy of the applicant's current and valid certificate of liability insurance in an amount of at least $500,000 from an insurance company authorized by the Kansas insurance department to do business in Kansas or a nonadmitted insurer eligible to write excess coverage on Kansas risks as permitted by Kansas law;

(c) a copy of the applicant's current and valid certificate of workers' compensation insurance under the Kansas workers' compensation act, an affidavit of exemption, or a copy of a valid self-insurance permit issued by the Kansas department of labor;

(d) a current and valid tax clearance certificate from the Kansas department of revenue;

(e) payment of the applicable fee or fees specified in K.A.R. 16-8-6; and

(f) if the applicant holds or has held a registration, certificate, permit, or license as a roofing contractor issued by any other state, current and certified documentation from the appropriate state agency in each such state showing whether applicant is in good standing, has pending disciplinary proceedings, or has had disciplinary action taken against the registration, certificate, permit, or license.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 Supp. 50-6,132; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Kan. Admin. Regs. § 16-8-4 Suspension, revocation, and reinstatement

(a) Any registration certificate may be revoked or suspended by the attorney general upon finding that the registered roofing contractor has violated any provision of the act or this article.

(b) Each roofing contractor seeking to reinstate a revoked registration certificate shall submit a reinstatement application that includes the following:

(1) A reinstatement application form provided by the attorney general and fully completed by the applicant;

(2) a copy of the applicant's current and valid certificate of liability insurance in an amount of at least $500,000 from an insurance company authorized by the Kansas insurance department to do business in Kansas or a nonadmitted insurer eligible to write excess coverage on Kansas risks as permitted by Kansas law;

(3) a copy of the applicant's current and valid certificate of workers' compensation insurance under the Kansas workers' compensation act, an affidavit of exemption, or a copy of a current and valid self-insurance permit issued by the Kansas department of labor;

(4) a current and valid tax clearance certificate from the Kansas department of revenue;

(5) payment of the reinstatement fee specified in K.A.R. 16-8-6; and

(6) if the applicant holds or has held a registration, certificate, permit, or license as a roofing contractor issued by any other state, current and certified documentation from the appropriate state agency in each such state showing whether applicant is in good standing, has pending disciplinary proceedings, or has had disciplinary action taken against the registration, certificate, permit, or license.

(c) A reinstatement application shall not be submitted until all terms and conditions specified in the revocation order have been fulfilled.

(d) A roofing contractor shall not be required to apply for annual renewal while that roofing contractor's registration certificate is suspended.

(1) If the suspension is lifted in the same fiscal year as that in which the suspension was ordered, the roofing contractor shall pay the renewal fee for a suspended registration certificate specified in K.A.R. 16-8-6 at the time of the next renewal.

(2) If the suspension was ordered in a previous fiscal year, the suspension shall not be lifted until the roofing contractor submits an application for renewal in accordance with K.A.R. 16-8-3, accompanied by payment of the renewal fee for a suspended registration certificate specified in K.A.R. 16-8-6, and the attorney general approves the application.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 Supp. 50-6,132 and 50-6,133; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Kan. Admin. Regs. § 16-8-5 Incomplete applications

(a) If an incomplete application for an initial registration certificate or for renewal or reinstatement of a registration certificate is submitted to the attorney general, the applicant may be notified by the attorney general that the application will be held in abeyance for 30 days. If the applicant fails to provide all missing information, documents, and fees within 30 days of this notification, the application shall be deemed abandoned, and all fees accompanying the application shall be retained by the attorney general and shall not be refunded to the applicant.

(b) The timeline specified in the act for issuance of a registration certificate shall not begin until the date on which a complete application is received in the office of the attorney general.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 Supp. 50-6,125, 50-6,130, and 50-6,132; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Kan. Admin. Regs. § 16-8-6 Fees

(a) Each applicant shall pay the following fee or fees, as applicable:

(b) The renewal fee for a suspended registration certificate shall be paid at the time specified in K.A.R. 16-8-4.

(c) If a person submits a complete application for an initial registration certificate to the attorney general on or after January 1 and the attorney general issues the registration certificate on or before April 30 of that year, the applicant shall pay a prorated initial registration certificate fee of $125 instead of the initial registration certificate fee specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 Supp. 50-6,128, 50-6,130, 50-6,131, and 50-6,132; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Kan. Admin. Regs. § 16-8-7 Status of registration

(a) If a registered roofing contractor ceases to be active as a roofing contractor, the roofing contractor shall notify the office of the attorney general within 10 days, and the roofing contractor's registration certificate shall be suspended by the attorney general pursuant to K.S.A. 2013 Supp. 50-6,131, and amendments thereto. This suspension shall not constitute a suspension for cause requiring payment of additional renewal fees. The suspended registration certificate shall be classified as "inactive." The roofing contractor shall not engage in business as a roofing contractor while that person's registration certificate is inactive. Any registration certificate may be returned to active status as follows:

(1) In the same fiscal year as that in which the registration certificate was initially classified as inactive, if the roofing contractor notifies the office of the attorney general at least 10 days before resuming business as a roofing contractor; or

(2) in a subsequent fiscal year, if the roofing contractor submits a complete renewal application to the office of the attorney general as specified in K.A.R. 16-8-3. However, the certificate shall not be deemed active until the renewal application is approved by the attorney general.

(b) If a roofing contractor's registration certificate is lost or stolen, the roofing contractor shall notify the office of the attorney general within 10 days after discovery of the fact.

(c) Each change in ownership of at least 50 percent of a business entity shall constitute a change in the legal status of the business requiring a new registration certificate pursuant to the act.

(d) If a registration certificate has been issued to a business entity for use by a group of designated roofing contractors and any designated roofing contractor in that group ceases to be an agent or employee of the entity, the entity shall notify the office of the attorney general within 10 days.

(e) Any business entity may designate new employees to act as roofing contractors under the entity's existing registration certificate by submitting an addendum to the entity's application, on a form provided by the attorney general, to the attorney general.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 50-6,124; implementing K.S.A. 2013 Supp. 50-6,127 and 50-6,131; effective, T-16-6-28-13, July 1, 2013; effective Oct. 25, 2013.)

Article 10 Child Rape Protection

Kan. Admin. Regs. § 16-10-1 Definitions

As used in this article, the following terms shall have the meanings specified in this regulation:

(a) "Abortion" has the meaning specified in K.S.A. 65-6701, and amendments thereto.

(b) "K.B.I." means the Kansas bureau of investigation.

(c) "Fetal tissue" means any tissue, organs, or body parts obtained from a dead human embryo or fetus after an abortion.

(d) "Medical care facility" has the meaning specified in K.S.A. 65-425, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2005, Ch. 149, § 3; effective, T-16-7-11-05, July 11, 2005; effective Nov. 18, 2005.)

Kan. Admin. Regs. § 16-10-2 Preservation and submission of fetal tissue

(a) Each physician who performs an abortion on a minor who is younger than 14 years of age shall perform, or shall ensure that the physician's staff performs, the following steps:

(1) Keep at least one fetal tissue collection kit provided by the K.B.I. on hand at all times and obtain replacement kits from the K.B.I. as needed; and

(2) collect, preserve, and ship fetal tissue using one of these fetal tissue collection kits.

(b) The document titled "Kansas bureau of investigation fetal tissue collection kit instructions," dated October 26, 2005, is hereby adopted by reference. In accordance with the kit instructions and within two hours after completing the abortion, each physician shall perform, or shall ensure that the physician's staff performs, the following:

(1) Complete the evidence custody receipt form provided by the K.B.I. and contained in the kit;

(2) collect the amount and type of tissue prescribed by the kit instructions;

(3) preserve, secure, and label the tissue specimen as instructed;

(4) ship the tissue specimen and the original of the evidence custody receipt form to the K.B.I. within the time limit and in the manner specified by the kit instructions; and

(5) mail a copy of the evidence custody receipt form by first-class mail to the appropriate law enforcement department as follows:

(A) The city police department, if the abortion is performed within the city limits; or

(B) the county sheriff's department, if the abortion is performed outside the city limits.

(c) The evidence custody receipt form shall contain the following information in plain, legible printing or typeface:

(1) The name, address, and telephone number of the medical care facility or other location where the abortion is performed;

(2) the name, address, and telephone number of the physician performing the abortion;

(3) the name, date of birth, residential address, and telephone number of the minor upon whom the abortion is performed;

(4) the name, residential address, and telephone number of the parent or legal guardian of the minor upon whom the abortion is performed;

(5) the date and time when the tissue specimen is collected;

(6) the date on which the tissue specimen is shipped;

(7) the signature of the person collecting the tissue specimen; and

(8) the signature of the person shipping the tissue specimen.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2005, Ch. 149, § 3; effective, T-16-7-11-05, July 11, 2005; effective Nov. 18, 2005.)

Kan. Admin. Regs. § 16-10-3 Disposal of fetal tissue

When fetal tissue collected pursuant to K.A.R. 16-10-2 is no longer needed for evidentiary purposes, the fetal tissue shall be shipped by the K.B.I. to the medical care facility or other location at which the abortion was performed. The physician who performed the abortion shall ensure that all returned fetal tissue is properly handled and disposed of in accordance with K.A.R. 28-29-27.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2005, Ch. 149, § 3; effective, T-16-7-11-05, July 11, 2005; effective Nov. 18, 2005.)

Article 11 Personal and Family Protection Act

Kan. Admin. Regs. § 16-11-1 Definitions

As used in this article and in the act, the following terms shall have the meanings specified in this regulation:

(a) "Act" means the personal and family protection act, K.S.A. 75-7c01 et seq. and amendments thereto.

(b) "Completed application" means a current application for a license to carry a concealed handgun, as required by the act, that meets the following requirements:

(1) Contains the following:

(A) All necessary signatures; and

(B) a legible and fully responsive reply to every question and request for information; and

(2) is accompanied by all required attachments.

(c) "Full frontal-view photograph" means a passport photograph or other color photograph that is equivalent to a passport photograph in the following respects:

(1) Fairly represents the physical appearance of the applicant's head and shoulders;

(2) is taken with the applicant directly facing the camera; and

(3) shows the applicant's head and shoulders in an area of the picture that is at least two inches square.

(d) "Intimate partner" means any of the following:

(1) The spouse of a licensee;

(2) a former spouse of a licensee;

(3) an individual who is a parent of a licensee's child; or

(4) an individual who cohabitates or has cohabitated with a licensee.

(e) "Place of worship" means any building owned or leased by a religious organization and used primarily as a place for religious worship and other activities ordinarily conducted by a religious organization, whether that building is called a church, temple, mosque, synagogue, or chapel, or a similar name.

(f) "State office" means the interior of any of the following buildings:

(1) Those buildings named in K.S.A. 21-4218 and amendments thereto;

(2) the following buildings located in Topeka, Kansas:

(A) The memorial building, 120 SW 10th;

(B) the Forbes office building #740;

(C) the division of printing plant, 201 NW MacVicar;

(D) the state office building located at 3440 SE 10th Street;

(E) the Dillon house, 404 SW 9th Street;

(F) the Curtis state office building, 1000 SW Jackson; and

(G) the state office building located at 700 SW Harrison; and

(3) all other state-owned or state-leased buildings in which firearm possession is prohibited by posting as provided in K.A.R. 1-49-11.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2009 Supp. 75-7c16; implementing K.S.A. 2009 Supp. 75-7c05, as amended by L. 2010, Ch. 140, §5, 75-7c07, as amended by L. 2010, Ch. 140, §7, 75-7c10, as amended by L. 2010, Ch. 140, §9, and 75-7c16; effective, T-16-7-5-06, July 5, 2006; effective Nov. 27, 2006; amended Jan. 14, 2011.)

Kan. Admin. Regs. § 16-11-2 Instructor certification standards

(a) Each applicant for certification by the attorney general as an instructor of handgun safety and training courses shall apply on a form prescribed by the attorney general.

(b) Except as provided in subsection (e), each applicant shall meet all of the following requirements:

(1) Meet all of the concealed carry license requirements of K.S.A. 75-7c04(a) and amendments thereto, except for those requirements in paragraph (a)(1);

(2) except for individuals certified before the effective date of this regulation, complete an attorney general instructor orientation course within six months of certification; and

(3) agree to teach at least one class during each 12-month period commencing on the date of certification.

(c) In addition to meeting the requirements of subsection (b) and except as provided in subsection (h), each applicant shall meet one of the following certification requirements:

(1) Be currently certified as a firearms trainer or firearms instructor by any of the following organizations:

(A) The attorney general, pursuant to K.S.A. 75-7b21 and amendments thereto;

(B) any city, county, state, or federal law enforcement agency;

(C) the United States armed services;

(D) the Kansas law enforcement training center; or

(E) any organization that certifies firearms instructors, if the organization's certification program is determined by the attorney general to be substantially equivalent to any of the instructor certification programs identified in paragraph (c)(1); or

(2) be currently certified by the national rifle association in any of the following firearms instructor certification categories:

(A) "Pistol instructor";

(B) "personal protection instructor";

(C) "police firearms instructor";

(D) "law enforcement security firearms instructor";

(E) "law enforcement tactical handgun instructor"; or

(F) "law enforcement handgun/shotgun instructor."

Each applicant shall submit a copy of one of the certification documents identified in this subsection with the completed application form. Each certification document shall contain a certification expiration date.

(d) Each applicant shall pay a certification application fee in the amount of $100.

(e) Each applicant who holds a license issued by the attorney general to carry a concealed handgun pursuant to the act shall be certified by the attorney general to instruct handgun safety and training courses if the applicant has satisfied the requirements of subsections (b) through (d).

(f) Any applicant who is currently certified as an instructor by the national rifle association to teach a handgun safety and training course described in K.S.A. 75-7c04(b)(1)(D)(ii), and amendments thereto, may be approved by the attorney general to instruct that course if a determination is made by the attorney general that the requirements for instructor certification established by the national rifle association meet or exceed the requirements of paragraph (b)(1) and subsection (c). Approval granted pursuant to this provision shall be conditioned upon the instructor's compliance with the requirements of K.A.R. 16-11-3.

(g) Subject to notice and an opportunity for a hearing, certification or approval may be withdrawn by the attorney general for either of the following reasons:

(1) Failure to comply with the eligibility requirements specified in subsection (b) or (c); or

(2) failure to remain in compliance with K.A.R. 16-11-3.

(h) Each law enforcement officer certified by the commission on peace officers' standards and training who was certified by the attorney general as an instructor of handgun safety and training on or before the effective date of this regulation shall be exempt from compliance with the certification requirement in subsection (c).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2009 Supp. 75-7c04, as amended by L. 2010, Ch. 140, §4, and 75-7c16; effective, T-16-7-5-06, July 5, 2006; effective Nov. 27, 2006; amended Jan. 14, 2011.)

Kan. Admin. Regs. § 16-11-3 Handgun safety and training course; instructors

(a) Each instructor certified by the attorney general, or approved by the attorney general pursuant to K.A.R. 16-11-2(f), to instruct handgun safety and training courses shall comply with the following standards:

(1) Use only the handgun safety and training courses approved by the attorney general as provided in K.A.R. 16-11-4;

(2) use only examinations approved by the attorney general; and

(3) require trainees to display firing proficiency by successfully completing the shooting requirement established in K.A.R 16-11-4.

(b) Upon the conclusion of each handgun safety and training course, the instructor of that course shall provide each trainee who successfully completes the course with one of the following documents:

(1) An affidavit signed by the instructor that attests to the successful completion of the course by the applicant; or

(2) a certificate of completion on a form approved by the attorney general.

(c) Each instructor shall forward a list of each trainee who successfully completed a training course taught by that instructor to the office of the attorney general within 10 days of the date on which the training course concludes. Each list shall meet all of the following requirements:

(1) Identify the instructor by name and driver's license number;

(2) contain the date of the training course; and

(3) identify each trainee by name and by any state-issued identification card number specified in K.S.A. 75-7c03, and amendments thereto.

(d) For each course an instructor teaches, the instructor shall retain the following records for at least five years from the date on which the course concludes:

(1) A record of the date, the time, and the location of the course;

(2) a record of the name of each trainee enrolled in the course and of each trainee's state-issued identification card number, as specified in K.S.A. 75-7c03 and amendments thereto;

(3) for each trainee, documentation showing whether the trainee completed the training course specified in K.A.R. 16-11-4; and

(4) a record of the examination results for each trainee, including the results of the firing proficiency test.

(e) Each instructor shall notify the attorney general, in writing, within 10 days of any of the following occurrences:

(1) Changes in the instructor's mailing address;

(2) the expiration, suspension, or revocation of the certification used to meet the certification standard in K.A.R. 16-11-2(c); and

(3) any other circumstance that would make the instructor ineligible for certification pursuant to the standards required in K.A.R. 16-11-2.

(f)If an instructor certified by the attorney general, or approved by the attorney general pursuant to K.A.R. 16-11-2(f), fails to comply with the requirements of this regulation, the instructor's certification or approval may be withdrawn by the attorney general upon notice and an opportunity for a hearing.

(Authorized and implementing K.S.A. 2009 Supp. 75-7c04, as amended by L. 2010, Ch. 140, §4, and 75-7c16; effective, T-16-7-5-06, July 5, 2006; effective Nov. 27, 2006; amended Jan. 14, 2011.)

***** Authenticated Kansas Administrative Regulation *****

Kan. Admin. Regs. § 16-11-4 Handgun safety and training course

(a) Except as provided in K.S.A. 75-7c03(d) and amendments thereto and subsection (d) of this regulation, each applicant for a license to carry a concealed handgun shall successfully complete either of the following handgun safety and training courses that have been approved by the attorney general when taught by one or more instructors certified by the attorney general, or approved by the attorney general pursuant to K.A.R. 16-11-2(f):

(1) The attorney general's "concealed carry handgun license program lesson plan," dated July 1, 2006 and amended on October 19, 2006, which is hereby adopted by reference; or

(2) any handgun course described in K.S.A. 75-7c04(b)(1)(D)(ii), and amendments thereto, that is determined by the attorney general to be substantially equivalent to the course identified in paragraph (a)(1). Internet, online, correspondence, and self-study courses shall not be approved.

(b) To "successfully complete" means to obtain a passing score of 100% on an examination approved by the attorney general and to display proficiency with a handgun by shooting at least 18 hits out of 25 rounds on a designated portion of a target approved by either the Kansas commission on peace officers' standards and training or an equivalent body as determined by the attorney general.

(c) Each applicant shall provide to the sheriff of the county in which the applicant resides the documentation of completion of the handgun safety and training course provided to the applicant by the certified instructor as required by K.A.R. 16-11-3(b).

(d) A retired law enforcement officer as defined in K.S.A. 21-3110, and amendments thereto, shall not be subject to this regulation if the retired law enforcement officer was certified by the Kansas commission on peace officers' standards and training or similar body from another jurisdiction not more than eight years before the retired officer submits the application for licensure.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2009 Supp. 75-7c04, as amended by L. 2010, Ch. 140, §4, and 75-7c16; implementing K.S.A. 2009 Supp. 75-7c04, as amended by L. 2010, Ch. 140, §4, 75-7c05, as amended by L. 2010, Ch. 140, §5, and 75-7c16 ; effective, T-16-7-5-06, July 5, 2006; effective Nov. 27, 2006; amended Jan. 14, 2011.)

Kan. Admin. Regs. § 16-11-5 Application procedure

(a) Each applicant for a license to carry a concealed handgun pursuant to the act shall submit to the sheriff of the county in which the applicant resides a completed application in accordance with K.S.A. 75-7c05, and amendments thereto, and these regulations.

(b) Except for military applicants and their dependents, an applicant shall be considered to be a resident of the state only if the applicant possesses either a valid Kansas driver's license or a valid Kansas nondriver's identification card.

(c) Within seven days of receiving an application, each sheriff shall submit the following to the attorney general:

(1) A copy of the applicant's completed application for licensure; and

(2) the application fee established by K.S.A. 75-7c05, and amendments thereto.

(d)(1) Within seven days of receiving an application, each sheriff shall submit one full set of the fingerprints of the applicant as follows:

(A) To the Kansas bureau of investigation (KBI), electronically; or

(B) to the attorney general on an applicant card provided by the federal bureau of investigation (FBI).

(2) Each fingerprint submission, whether submitted electronically or using the applicant card, shall contain the originating agency identifier (ORI) assigned to the office of attorney general by the FBI and shall indicate that the fingerprinting is for concealed carry licensing pursuant to the act.

(e) A state and national criminal history records check shall be promptly completed by the KBI.

(f) The 90-day timeline specified in K.S.A. 75-7c05, and amendments thereto, for issuance or denial of a license shall begin on the date when all of the following items are received by the attorney general:

(1) A completed application;

(2) the cashier's check, personal check, or money order submitted in accordance with K.S.A. 75-7c05(b), and amendments thereto;

(3) a photocopy of the appropriate documentation described in K.S.A. 75-7c05(b), and amendments thereto; and

(4) a full frontal-view photograph of the applicant as described in K.S.A. 75-7c05(b), and amendments thereto.

(g) The document titled "concealed handgun license sheriff's or chief's voluntary report pursuant to personal and family protection act," dated July 1, 2006, is hereby adopted by reference. In accordance with the voluntary report, within 45 days of the date on which a sheriff receives any application from a resident of that county, the sheriff or the chief law enforcement officer of any other law enforcement agency in that county may provide information that, when corroborated through public records and combined with another enumerated factor, establishes that the applicant poses a significantly greater threat to law enforcement or the public at large than the average citizen.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2009 Supp. 75-7c16; implementing K.S.A. 2009 Supp. 75-7c04, as amended by L. 2010, Ch. 140, §4, 75-7c05, as amended by L. 2010, Ch. 140, §5, and 75-7c16; effective, T-16-7-5-06, July 5, 2006; effective Nov. 27, 2006; amended Jan. 14, 2011.)

Kan. Admin. Regs. § 16-11-7 Concealed carry signs

(a) For the purposes of this regulation, the terms "state or municipal building," "state," and "municipal" shall have the meaning specified in K.S.A. 2013 Supp. 75-7c20, and amendments thereto.

(b) No license issued pursuant to or recognized under the personal and family protection act shall authorize the licensee to carry a concealed handgun into any building other than a state or municipal building if the building is conspicuously posted with one of the following:

(1) Signs that include the graphic in the document titled "buildings other than state and municipal buildings: signage adopted by the Kansas attorney general," dated June 20, 2013, which is hereby adopted by reference; or

(2) signs posted in accordance with K.A.R. 1613-1(d).

(c) No license issued pursuant to or recognized under the personal and family protection act shall authorize the licensee to carry a concealed handgun into any state or municipal building if the governing body or, if no governing body exists, the chief administrative officer for that state or municipal building has performed the following:

(1) Either installed adequate security measures or temporarily exempted the state or municipal building from K.S.A. 2013 Supp. 75-7c20, and amendments thereto; and

(2) either posted signs in accordance with K.A.R. 16-13-1(d) or conspicuously posted signs that include the graphic and text in any of the following documents, which are hereby adopted by reference:

(A) "State and municipal buildings: signage adopted by the Kansas attorney general," dated June 20, 2013;

(B) "state and municipal buildings: signage adopted by the Kansas attorney general," dated July 10, 2013; or

(C) "state and municipal buildings: signage adopted by the Kansas attorney general," dated September 26, 2013.

The top of the text shall be at least one inch but no more than two inches below the graphic. The text shall be in black letters and shall be no smaller than the text below the graphic in any of the documents adopted in this subsection. The text "State or Municipal Building, 2013 HB 2052 EXEMPT" or "State or Municipal Building, EXEMPT" shall be printed in boldface.

(d) "Conspicuously posted," when used to describe any sign adopted in this regulation, shall mean that the sign meets the following requirements:

(1) Has a white background;

(2) includes the graphic design that is contained in the documents adopted in this regulation and that meets the following requirements:

(A) Depicts the handgun in black ink;

(B) depicts the circle with a diagonal slash across the handgun in red ink; and

(C) is at least six inches in diameter;

(3) contains no text or other markings within the one-inch area surrounding the graphic design;

(4) contains no text other than the text specified in the documents adopted in paragraph (c)(2) or in K.A.R. 16-13-1(d);

(5) is visible from the exterior of the building and is not obstructed by doors, sliding doorways, displays, or other postings;

(6) is posted at the eye level of an adult, which shall mean that the entire sign is between four feet and six feet from the ground;

(7) is posted not more than 12 inches to the right or left of each exterior public and nonpublic entrance to the building; and

(8) is legible. Each sign that becomes illegible shall be replaced immediately.

(e) Except as provided in K.A.R. 16-13-1, signs posted in accordance with subsections (b) through (d) of this regulation shall also prohibit the unconcealed carry of firearms within a building to the extent allowed by law.

(f) Signs that meet the requirements of this regulation may be obtained by contacting the office of the attorney general or may be reproduced from the web site of the office of the attorney general.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2013 Supp. 75-7c10 and 2014 HB 2578, § 5; implementing 2014 HB 2578, § 5, K.S.A. 2013 Supp. 75-7c10, and K.S.A. 2013 Supp. 75-7c20, as amended by 2014 Sen. Sub. for HB 2140, § 5; effective Nov. 27, 2006; amended Jan. 14, 2011; amended, T-16-6-28-13, July 1, 2013; amended, T-16-7-16-13, July 16, 2013; amended Nov. 8, 2013; amended, T-16-6-30-14, June 30, 2014; amended Oct. 24, 2014.)

Kan. Admin. Regs. § 16-11-8 Restraining order; effect of; procedure

(a) For purposes of this regulation, the terms in this subsection shall be defined as follows:

(1) "Director" means the director of the concealed carry unit of the attorney general's office.

(2) "Restraining order" means a court order that meets all of the following requirements:

(A) Is issued by a Kansas district court or a court in another state or jurisdiction that is entitled to full faith and credit in this state;

(B) is issued after a hearing at which the licensee received actual notice and had an opportunity to participate;

(C) restrains the licensee from harassing, stalking, or threatening an intimate partner or the child of the licensee or intimate partner or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(D)(i) Includes a finding that the licensee represents a credible threat to the physical safety of the intimate partner or child; or

(ii) explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

(b) Within 24 hours of a sheriff's receipt of any restraining order, the sheriff shall determine whether the restraining order has been issued against a person who holds a concealed carry license.

(c) Whenever a sheriff determines that a restraining order has been issued against a person who holds a concealed carry license, the sheriff shall immediately notify the director by faxing or e-mailing the restraining order to the director.

(d) Within eight working hours of the director's receipt of the restraining order from a sheriff, the following actions shall be taken by the director:

(1) Verification of whether the restraining order meets the requirements of paragraph(a)(2); and

(2) if the director verifies that the restraining order has been issued against a person who holds a concealed carry license, issuance of a written order suspending the concealed carry license of the person named as the subject of the restraining order. The order shall be effective immediately upon issuance.

(e) The order of suspension shall be served by the director on the concealed carry license holder by United States mail at the address on record at the concealed carry unit. In addition, the subject of the restraining order may be notified by telephone or e-mail, or both, by the director that the individual's concealed carry license has been suspended.

(f) The order of suspension shall include a notice that the concealed carry license holder may, within 10 calendar days of receipt of the written order of suspension, submit a written request for a hearing to the director.

(g) Upon the director's receipt of a written request for a hearing, a hearing shall be arranged by the director to occur within 30 calendar days. However, for good cause shown, the hearing may be continued to a later date.

(h) The presiding officer at the hearing shall be the attorney general or a designee of the attorney general.

(i) The licensee shall have the burden of proving that the licensee is not the subject of the restraining order or that the order does not meet the requirements of paragraph (a)(2).

(j) Notification of each license suspension shall be provided electronically to the Kansas department of revenue.

(k) Each concealed carry license that was suspended pursuant to this regulation shall be reinstated by the director upon the director's receipt of a certified copy of a court order that dissolves the restraining order, if the person remains otherwise eligible for the concealed carry license.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2009 Supp. 75-7c07, as amended by L. 2010, Ch. 140, §7; effective Dec. 29, 2006; amended Jan. 14, 2011.)

Article 12 Batterer Intervention Program Requirements and Certification

Kan. Admin. Regs. § 16-12-1 Scope

The regulations in this article shall provide for the certification of, and shall set the standards for the services and programs required of, certified batterer intervention programs, including the following: (a) Any certified batterer intervention program providing the domestic violence offender assessment pursuant to K.S.A. 12-4509, K.S.A. 21-5414, K.S.A. 21-6604, or K.S.A. 22-2909, and amendments thereto; and

(b) any program operating or providing services as a batterer intervention program, domestic violence or abuse intervention program, or domestic violence educational program for those convicted of a domestic violence-designated offense or as part of a diversion agreement in a complaint alleging a domestic violence offense, as defined in K.S.A. 21-5111 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, sec. 11; implementing L. 2012, ch. 162, secs. 1 and 11; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-2 Definitions

Words or phrases used in this article or in the batterer intervention program certification act but not defined in this regulation shall have the same definition as specified in the batterer intervention program certification act or in K.S.A. 21-5111, and amendments thereto. Each of the following terms, as used in this article, shall have the meaning specified in this regulation: (a) "Batterer" means any person who uses a pattern of abusive and coercive behavior to dominate and control an intimate partner, a former intimate partner, a household member, or a family member.

(b) "Continuing education" means formally organized programs or activities that are designed for and have content intended to enhance the knowledge, skill, values, ethics, and ability to practice as an "agent or employee thereof," as defined by L. 2012, ch. 162, sec. 13 and amendments thereto.

(c) "Controlled substance" means any drug, substance, or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111, and 65-4113, and amendments thereto.

(d) "Remedial or other requirements" means either of the following:

(1) Completion of additional education or training for agents or employees to address the concerns identified by the attorney general; or

(2) changes to the structure of the program to address the concerns identified by the attorney general.

(e) "Supervisee" means an agent or employee of a certified batterer intervention program who receives instruction or direction for the purpose of development of responsibility, skill, knowledge, attitudes, and ethical standards of practice in batterer intervention services from a batterer intervention program director, program supervisor, or program coordinator.

(f) "Unprofessional conduct," for an agent or employee who is not licensed by the behavioral sciences regulatory board, means any of the following acts:

(1) Obtaining or attempting to obtain a certification or temporary permit by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;

(2) failing to notify the attorney general within 10 days, unless the person shows good cause, that any one of the following conditions applies to an agent or employee:

(A) Had a professional license, credential, permit, registration, or certification limited, conditioned, qualified, restricted, suspended, revoked, refused by the proper regulatory authority in Kansas or of another state, territory, or the District of Columbia. A certified copy of the action taken by the jurisdiction shall be conclusive evidence of this action;

(B) has voluntarily surrendered a professional license, credential, permit, registration, or certification while a complaint or investigation is pending by the proper regulatory authority;

(C) has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from employment, for misfeasance, malfeasance, or nonfeasance; or

(D) has been convicted of a felony;

(3) knowingly allowing another individual to use one's permit or certification unlawfully;

(4) impersonating another individual holding a permit or certification;

(5) having been convicted of a crime resulting from or relating to the provision of certified batterer intervention services;

(6) furthering the certification or permit application of another person who is known to be unqualified with respect to character, education, or other relevant eligibility requirements according to K.A.R. 16-12-4;

(7) knowingly aiding or abetting anyone who does not have certification or a permit to represent that individual as a person who does have certification or a permit;

(8) failing or refusing to cooperate in a timely manner with any request from the attorney general for a response or assistance with respect to the attorney general's investigation of any report of an alleged violation of the batterer intervention program certification act or any law filed against any agent or employee or any other applicant. It shall be prima facie evidence of failing or refusing to cooperate within this subsection if a person takes longer than 30 days to provide the requested response, information, or assistance, unless the person shows good cause;

(9) offering to perform or performing services outside the scope of one's training, education, and competency;

(10) treating any offender, victim, or supervisee in a cruel manner, including the intentional infliction of pain or suffering;

(11) discriminating against any offender, victim, or supervisee on the basis of color, race, gender, religion, national origin, age, or disability;

(12) failing to provide each offender with a description of services, consultation, reports, fees, billing, intervention regimen, or schedule, or failing to reasonably comply with these descriptions;

(13) failing to inform each offender or supervisee of any financial interests that might accrue to the provider from referral to any other service or from the use of any tests, books, or apparatus;

(14) failing to inform each offender, victim, and supervisee of the purposes for which information is obtained, the manner in which the information may be used, and the limits of confidentiality regarding the provision of batterer intervention services;

(15) revealing information, a confidence, or secret of any victim, or failing to protect the confidences, secrets, or information contained in a victim's records, except when at least one of the following conditions is met:

(A) Disclosure is required by law;

(B) disclosure is authorized by law because the confidential information shows that the person could seriously harm an individual or the public; or

(C) the provider, or the provider's employee or agent, is a party to a civil, criminal, or disciplinary investigation or action arising from the batterer intervention program practice, in which case disclosure shall be limited to that action;

(16) failing to protect the confidences of, secrets of, or information concerning other persons when providing an offender with access to that offender's records;

(17) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or misrepresentation;

(18) using alcohol or illegally using any controlled substance while performing duties or services as a batterer intervention provider;

(19) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been a victim or offender receiving batterer intervention services, or a victim or offender's known family members;

(20) exercising undue influence over any victim, offender, or supervisee, including promoting sales of services or goods, in a manner that will exploit the person or persons for the purpose of financial gain, personal gratification, or advantage of oneself or a third party;

(21) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for the referral of the victim or offender;

(22) permitting any person to share in the fees for professional services, other than a partner, employee, an associate in a professional firm, or a consultant providing batterer intervention services;

(23) soliciting or assuming professional responsibility for offenders served by another batterer intervention program without informing and attempting to coordinate continuity of offender services with that program;

(24) making claims of professional superiority that one cannot substantiate;

(25) guaranteeing that satisfaction or a cure will result from the performance of professional services;

(26) claiming or using any secret or special method of intervention or techniques that one refuses to divulge to the attorney general;

(27) continuing or ordering tests, procedures, interventions, or services not warranted by the condition or best interests of the offender;

(28) failing to maintain for each offender and victim a record that conforms to the following minimal standards:

(A) Contains a unique identifying number or other method for specific identification of the offender and victim;

(B) indicates the offender's initial reason for seeking the provider's services;

(C) contains specific information concerning the offender's condition, including the Kansas attorney general domestic violence offender assessment, affidavits, police reports, and other documents related to criminal activity as allowed by law and available to the provider;

(D) summarizes the intervention, tests, procedures, and services that were obtained, performed, ordered, or recommended and the findings and results of each;

(E) documents the offender's progress during the course of intervention;

(F) contains only those terms and abbreviations that are comprehensible to similar professional practitioners;

(G) indicates the date and nature of any professional service that was provided; and

(H) describes the manner and process by which the professional relationship terminated;

(29) taking credit for work not performed personally, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;

(30) making or filing a report that one knows to be erroneous, incomplete, or misleading;

(31) failing to retain offender's records for at least two years after the date of termination of the professional relationship, unless otherwise provided by law;

(32) failing to exercise supervision over any supervisee;

(33) failing to inform an offender if services are provided or delivered under supervision or direction;

(34) engaging in, or attempting to engage in, any relationship in which the objectivity or competency of the provider may become impaired or compromised due to any of the following present, previous, or future relationships with a victim, offender, or supervisee:

(A) Familial;

(B) sexual;

(C) emotional; or

(D) financial; or

(35) using without a temporary permit or certification, or continuing to use after the expiration of a permit or certification, any title or abbreviation prescribed by the attorney general for use only by those with a current temporary permit or certification.

(g)"Unprofessional conduct," for an agent or employee who is licensed by the behavioral sciences regulatory board, means any of the following acts:

(1) Any determination by the behavioral sciences regulatory board of a violation of laws or regulations related to one's licensure. A certified copy of the action taken by the behavioral sciences regulatory board shall be sufficient evidence of this action;

(2) obtaining or attempting to obtain a certification or temporary permit by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;

(3) failing to notify the attorney general of any complaint, investigation, or finding regarding the licensee within 10 days, unless the person shows good cause;

(4)failing to notify the attorney general within 10 days, unless the person shows good cause, that any one of the following conditions applies to the licensee:

(A) Has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from employment, for misfeasance, malfeasance, or nonfeasance; or

(B) has been convicted of a felony;

(5)knowingly allowing another individual to use one's temporary permit or certification unlawfully;

(6)impersonating another individual holding a temporary permit or certification;

(7)having been convicted of a crime resulting from or relating to the provision of certified batterer intervention program services;

(8)furthering the certification or permit application of another person who is known to be unqualified with respect to character, education, or other relevant eligibility requirements;

(9)knowingly aiding or abetting anyone who does not have certification or a permit to represent that individual as a person who does have certification or a permit;

(10) failing or refusing to cooperate in a timely manner with any request from the attorney general for a response or assistance with respect to the attorney general's investigation of any report of an alleged violation of the batterer intervention program certification act or any law filed against any agent or employee or any other applicant. It shall be prima facie evidence of failing or refusing to cooperate within this subsection if a person takes longer than 30 days to provide the requested response, information, or assistance, unless the person shows good cause or receives an extension by the attorney general;

(11) revealing information, a confidence, or secret of any victim, or failing to protect the confidences, secrets, or information contained in a victim's records, unless one of these conditions is met:

(A) Disclosure is required by law;

(B) disclosure is authorized by law because the confidential information shows that the person could seriously harm an individual or the public; or

(C) the provider, or the agent or employee of the provider, is a party to a civil, criminal, or disciplinary investigation or action arising from the batterer intervention program practice, in which case disclosure shall be limited to that action;

(12) claiming or using any secret or special method of intervention or techniques that one refuses to divulge to the attorney general;

(13) failing to maintain for each offender and victim a record that conforms to the following minimal standards:

(A) Contains a unique identifying number or other method for specific identification of the offender and victim;

(B) indicates the offender's initial reason for seeking the provider's services;

(C) contains specific information concerning the offender's condition, including the "Kansas attorney general domestic violence offender assessment form," affidavits, police reports, and other documents related to criminal activity as allowed by law and available to the provider;

(D) summarizes the intervention, tests, procedures, and services that were obtained, performed, ordered, or recommended and the findings and results of each;

(E) documents the offender's progress during the course of intervention;

(F) contains only those terms and abbreviations that are comprehensible to similar professional practitioners;

(G) indicates the date and nature of any professional service that was provided; and

(H) describes the manner and process by which the professional relationship terminated; or

(14) using without a temporary permit or certification, or continuing to use after the expiration of a permit or certification, any title or abbreviation prescribed by the attorney general for use only by those with a current permit or certification.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, secs. 5, 11; implementing L. 2012, ch. 162, secs. 5, 6, 11; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-3 Training and continuing education

Each holder of a temporary permit or certificate shall submit proof of training and continuing education hours to the attorney general for approval. (a) Each batterer intervention program agent or employee thereof shall meet the following requirements:

(1) Complete the training as required in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4; and

(2) complete 12 hours of documented and approved continuing education as required in "the essential elements and standards of batterer intervention programs in Kansas," during each two-year certification period. Continuing education hours accumulated in excess of the requirement shall not be carried over to the next renewal period.

(b) One hour of training or continuing education credit shall consist of at least 50 minutes of classroom instruction or at least one clock-hour of other types of acceptable training or continuing education experiences listed in subsection (c). One-half hour of training or continuing education credit may be granted for each 30 minutes of acceptable training or continuing education. Credit shall not be granted for less than 30 minutes.

(c) Acceptable training and continuing education, subject to approval, whether taken within the state or outside the state, shall include the following:

(1) An academic course at an institution that is nationally or regionally accredited for education or training, if the content is clearly related to the enhancement of a batterer intervention program agent's or employee's practice, values, ethics, skills, or knowledge and the course is taken for academic credit. Each agent or employee shall be granted 15 training or continuing education hours for each academic credit hour that is successfully completed. The maximum number of allowable training or continuing education hours shall be 15;

(2) an academic course at an institution that is nationally or regionally accredited for education or training, if the content is clearly related to the enhancement of a batterer intervention program agent's or employee's practice, values, ethics, skills, or knowledge and the course is audited. Each agent or employee shall receive training or continuing education credit on the basis of the actual contact time that the agent or employee spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum number of allowable training or continuing education hours shall be 15;

(3) a seminar, institute, conference, workshop, or nonacademic course oriented to the enhancement of a batterer intervention program agent's or employee's practice, values, ethics, skills, or knowledge; and

(4) an activity oriented to the enhancement of a batterer intervention program agent's or employee's practice, values, ethics, skills, or knowledge, consisting of completing a computerized interactive learning module, viewing a telecast or videotape, listening to an audiotape, or reading, if a posttest is successfully completed. The maximum number of allowable training or continuing education hours shall be 15.

(d) Approval of training or continuing education credit shall not be granted for the second or any subsequent identical program if the programs are completed within the same renewal period.

(e) Training or continuing education credit shall not be granted for the following:

(1) In-service training, if the training is for job orientation or job training or is specific to the employing agency; and

(2) any activity for which the agent or employee cannot demonstrate that the program's goals and objectives are to enhance the practice, values, ethics, skills, or knowledge in batterer intervention.

(f) Each agent or employee shall maintain individual, original training or continuing education records for at least two years. These records shall document the agent's or employee's attendance at, participation in, or completion of each training or continuing education activity.

(g) Each of the following forms of documentation may be submitted as proof that an agent or employee has completed that training or continuing education activity:

(1) An official transcript or other document indicating the agent's or employee's passing grade for an academic course taken at an institution that is nationally or regionally accredited;

(2) a statement signed by the instructor of an academic course indicating the number of actual contact hours that the agent or employee attended for an audited academic course from an institution that is nationally or regionally accredited;

(3) a signed statement from the provider of a seminar, institute, conference, workshop, or course indicating that the agent or employee attended the training or continuing education program; and

(4) for each videotape, audiotape, computerized interactive learning module, or telecast that the agent or employee utilized for training or continuing education purposes, a written statement from the agent or employee specifying the media format, content title, presenter or sponsor, content description, length, activity date, and copy of the agent's or employee's completed posttest or score.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2012, ch. 162, secs. 5, 11; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-4 Program requirements

Each holder of a temporary permit, initial certification, renewal certification, or certification reinstatement shall perform the following:

(a) Adopt and follow the standards, elements, and other program requirements described in the document titled "the essential elements and standards of batterer intervention programs in Kansas," revised on July 12, 2022, by the Kansas attorney general's office, which is hereby adopted by reference except for the acknowledgements, table of contents, philosophy and purpose, and theoretical overview of batterer intervention programs; and

(b) submit the attorney general's document titled "certified batterer intervention program statistical report" with the required information. This document, revised on July 12, 2022, is hereby adopted by reference. The "certified batterer intervention program statistical report" shall be completed and submitted to the attorney general on or before January 5 and July 5 in each year of certification or the first business day following these deadlines if the deadlines fall on a weekend or state or federal holiday.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-7d01, 75-7d05, and 75-7d11; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013; amended Dec. 9, 2022.)

Kan. Admin. Regs. § 16-12-5 Domestic violence offender assessment

(a) The document titled "Kansas attorney general domestic violence offender assessment form," dated March 3, 2011, by the Kansas attorney general is hereby adopted by reference. This document is also known as "KDVOA."

(b) Except as specified in subsection (c), the KDVOA shall be completed by one of the following: an individual who is licensed to practice in Kansas as a psychologist, baccalaureate social worker, master social worker, specialist clinical social worker, marriage and family therapist, addiction counselor, clinical addiction counselor, clinical marriage and family therapist, professional counselor, clinical professional counselor, master's level psychologist, or clinical psychotherapist.

(c) Any person who is not licensed as provided in subsection (b) and who is completing the KDVOA as an employee of or volunteer for a batterer intervention program before January 1, 2013 may continue to complete these assessments on and after January 1, 2013 if the person remains an employee of or volunteer for the same program and the program remains a certified batterer intervention program. Whenever the person is no longer an employee of or volunteer for the program in which the person was employed or volunteering before January 1, 2013, the person shall not be allowed to complete the KDVOA for any certified batterer intervention program without meeting the license requirements in subsection (b).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2011 Supp. 75-755 and L. 2012, ch. 162, sec. 11; implementing K.S.A. 2011 Supp. 21-6604, as amended by L. 2012, ch. 162, sec. 16, and L. 2012, ch. 162, secs. 1, 5; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-6 Temporary permit; application

Each applicant seeking a temporary permit shall submit an application, on a form provided by the attorney general, to the attorney general. The completed application for a temporary permit shall include the following: (a) The applicant's full name and residential address;

(b) the name under which the applicant intends to do business and the business address;

(c) a statement of the general nature of the business in which the applicant intends to engage;

(d) a statement of the education and work experience of the applicant and any agent or employee thereof;

(e) a statement that the applicant has met any other qualifications specified in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4;

(f) payment of the temporary permit application fee of $50.00; and

(g) any other information, evidence, statements, or documents necessary to determine the qualifications of an applicant for temporary permit, including the following:

(1) A copy of completed certificates documenting domestic violence-specific training hours for each agent or employee thereof;

(2) proof of current licensure for each agent or employee required to be licensed by the behavioral sciences regulatory board; and

(3) a copy of the core curriculum to be used in batterer intervention services.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, sec. 11; implementing L. 2012, ch. 162, secs. 2, 4; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-7 Initial certification; application

Each applicant seeking initial certification shall submit an application, on a form provided by the attorney general, to the attorney general. The completed application for initial certification shall include the following: (a) The applicant's full name and residential address;

(b) the name under which the applicant intends to do business and the business address;

(c) a statement of the general nature of the business in which the applicant intends to engage;

(d) a statement of the education and work experience of the applicant and any agent or employee thereof;

(e) a statement that the applicant has met any other qualifications specified in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4;

(f) payment of the initial application fee of $100.00; and

(g) any other information, evidence, statements, or documents necessary to determine the qualifications of an applicant for initial certification, including the following:

(1) A copy of completed certificates documenting training hours as required by "the essential elements and standards of batterer intervention programs in Kansas" for each agent or employee thereof;

(2) proof of current licensure for each agent or employee required to be licensed by the behavioral sciences regulatory board;

(3) a copy of the core curriculum to be used in batterer intervention services;

(4) demonstration by the applicant of attempts to establish a cooperative relationship with key agencies, as described in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4; and

(5) a copy of release of information and offender agreement forms.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, sec. 11; implementing L. 2012, ch. 162, secs. 2, 4; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-8 Renewal certification; application

Each applicant seeking renewal certification shall submit an application, on a form provided by the attorney general, to the attorney general. The completed application for renewal certification shall include the following: (a) The applicant's full name and residential address;

(b) the name under which the applicant intends to do business and the business address;

(c) a statement of the general nature of the business in which the applicant intends to engage;

(d) a statement of the educational and work experience of the applicant and any agent or employee thereof;

(e) a statement that the applicant has met any other qualifications described in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4;

(f) payment of the renewal application fee of $100.00; and

(g) any other information, evidence, statements, or documents necessary to determine the qualifications of an applicant for renewal certification that are required by the attorney general, including the following:

(1) A copy of completed certificates documenting continuing education hours as required by "the essential elements and standards of batterer intervention programs in Kansas" for each agent or employee thereof;

(2) a copy of completed certificates documenting training hours as required in "the essential elements and standards of batterer intervention programs in Kansas" for any new agent or employee not included in a previous application for certification;

(3) proof of current licensure for each agent or employee required to be licensed by the behavioral sciences regulatory board; and

(4) demonstration by the applicant of attempts to establish a cooperative relationship with key agencies, as described in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, sec. 11; implementing L. 2012, ch. 162, secs. 2, 4; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-9 Certification reinstatement; application

Each applicant seeking certification reinstatement shall submit an application, on a form provided by the attorney general, to the attorney general. The completed application for certification reinstatement shall include the following: (a) The applicant's full name and residential address;

(b) the name under which the applicant intends to do business and the business address;

(c) a statement of the general nature of the business in which the applicant intends to engage;

(d) a statement of the education and work experience of the applicant and any agent or employee thereof;

(e) a statement that the applicant has met any other qualifications described in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4;

(f) payment of the reinstatement application fee of $100.00;

(g) a statement regarding the reason requiring reinstatement of certification; and

(h) any other information, evidence, statements, or documents necessary to determine the qualifications of an applicant for reinstatement, including the following:

(1) A copy of completed certificates documenting continuing education hours as required by "the essential elements and standards of batterer intervention programs in Kansas" for each agent or employee thereof;

(2) a copy of completed certificates documenting training hours as required in "the essential elements and standards of batterer intervention programs in Kansas" for any new agent or employee not included in a previous application for certification;

(3) proof of current licensure for each agent or employee required to be licensed by the behavioral sciences regulatory board; and

(4) demonstration by the applicant of attempts to establish a cooperative relationship with key agencies, as described in "the essential elements and standards of batterer intervention programs in Kansas," which is adopted in K.A.R. 16-12-4.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, sec. 11; implementing L. 2012, ch. 162, secs. 2, 4; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Kan. Admin. Regs. § 16-12-10 Evaluating and monitoring certified batterer intervention programs

For the purposes of evaluating and monitoring certified batterer intervention programs, the applicant, holder of a temporary permit, or holder of a certificate shall give the attorney general access to the following:

(a) The applicant's or holder's program;

(b) observation of groups or assessment services;

(c) offender and victim files, records, or documents related to the provision of batterer intervention services;

(d) contact information of community members or third parties who could provide information related to services provided in the capacity of a batterer intervention program;

(e) offenders who are receiving or have received services from the program;

(f) contact information for victims or family members, with their written permission, associated with the offenders who are receiving or have received services from the batterer intervention program; and

(g) any other information identified as necessary in evaluating and monitoring the program.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2012, ch. 162, sec. 11; implementing L. 2012, ch. 162, secs. 8, 11; effective, T-16-6-28-12, June 28, 2012; effective, T-16-10-25-12, Oct. 26, 2012; effective Jan. 25, 2013.)

Article 13 Open Carry Signs

Kan. Admin. Regs. § 16-13-1 Open carry signs

(a) For the purposes of this regulation, the terms "state or municipal building," "state," and "municipal" shall have the meaning specified in K.S.A. 2013 Supp. 75-7c20, and amendments thereto.

(b) Signs posted in accordance with K.A.R. 16-11-7 shall also prohibit the unconcealed carry of firearms within a building to the extent allowed by law.

(c) Except as otherwise provided by law, it shall be unlawful to carry an unconcealed firearm into a building that is posted at each exterior entrance with a sign that meets the following requirements:

(1) Contains the sentence "The open carrying of firearms in this building is prohibited" with the word "prohibited" printed in underlined boldface. The text shall be in black ink and no smaller than the text in the document titled "open carry prohibited: signage adopted by the Kansas attorney general," dated June 16, 2014, which is hereby adopted by reference;

(2) has a white background;

(3) has a red border in the shape of an octagon that encloses the text specified in paragraph (c)(1) and is no smaller than the border in the document titled "open carry prohibited: signage adopted by the Kansas attorney general";

(4) contains no text or markings other than the text and markings specified in this subsection;

(5) is visible from the exterior of the building and is not obstructed by doors, sliding doorways, displays, or other postings;

(6) is posted "at the eye level of an adult," which shall mean that each sign is entirely between four feet and six feet from the ground;

(7) is posted not more than 12 inches to the right or left of all entrances to the building; and

(8) is legible. Each sign that becomes illegible shall be replaced immediately.

(d)(1) Except as otherwise provided by law, it shall be unlawful to carry a concealed handgun into a building that allows the unconcealed carry of firearms if the building is posted at each exterior entrance with a sign that meets the following requirements:

(A) Contains the text and graphic contained in one of the following:

(i) The document titled "buildings other than state or municipal buildings: signage to allow open carry but prohibit concealed carry," adopted by the Kansas attorney general and dated June 16, 2014, which is hereby adopted by reference;

(ii) the document titled "K.S.A. 2013 Supp. 75-7c20-exempt state or municipal buildings: signage to allow open carry but prohibit concealed carry," adopted by the Kansas attorney general and dated June 16, 2014, which is hereby adopted by reference; or

(iii) the document titled "all buildings: supplemental signage to allow open carry but prohibit concealed carry," adopted by the Kansas attorney general and dated June 17, 2014, which is hereby adopted by reference and shall be posted immediately above appropriate signs posted pursuant to K.A.R. 16-11-7;

(B) has a white background;

(C) depicts the graphic in accordance with K.A.R. 16-11-7(d)(2);

(D) contains no text or markings other than the text and markings specified in this subsection;

(E) is visible from the exterior of the building and is not obstructed by doors, sliding doorways, displays, or other postings;

(F) is posted "at the eye level of an adult," which shall mean that each sign is entirely between four feet and six feet from the ground;

(G) is posted not more than 12 inches to the right or left of all entrances to the building; and

(H) is legible. Each sign that becomes illegible shall be replaced immediately.

(2) The text of each sign shall be in black letters and shall be no smaller than the text contained in the applicable document adopted in this subsection. The text "OPEN CARRY ALLOWED, CONCEALED CARRY PROHIBITED" shall be in capital letters, and the top of the text shall be at least one inch but no more than two inches above the graphic. The word "allowed" in the phrase "open carry allowed" and the word "prohibited" in the phrase "concealed carry prohibited" shall be printed in underlined boldface. The text "State or Municipal Building, 2013 HB 2052 EXEMPT" or "State or Municipal Building, EXEMPT" shall be printed in boldface and shall be at least one inch but no more than two inches below the graphic.

(e) Signs that meet the requirements of this regulation may be obtained by contacting the office of the attorney general or may be reproduced from the web site of the office of the attorney general.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2014 Supp. 75-7c10 and 75-7c24; implementing K.S.A. 2014 Supp. 75-7c10, 75-7c20 and 75-7c24; effective, T-16-6-30-14, July 1, 2014; effective Oct. 24, 2014.)

Article 14 Scrap Metal Dealers' Registration and Hearing Procedure

Kan. Admin. Regs. § 16-14-1 Fees

Each applicant or registrant shall pay one of the following nonrefundable fees, as applicable, for registration of each place of business for which a registration is sought:

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2018 Supp. 50-6,109a, as amended by L. 2019, ch. 66, sec. 2; implementing K.S.A. 2019 Supp. 50-6,112a, as amended by L. 2019, ch. 66, sec. 10; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015; amended Oct. 2, 2020.)

Kan. Admin. Regs. § 16-14-2 Initial application

(a) Each person seeking an initial registration certificate shall submit an application that consists of the following:

(1) An initial application form provided by the attorney general and fully completed by the applicant;

(2) payment of the initial registration certificate fee specified in K.A.R. 16-14-1; and

(3) a copy of the applicant's current state or federal government-issued photographic identification.

(b) An application for an initial registration certificate shall be deemed incomplete if the application fails to include all information required by the application form and if the applicant fails to submit the items required in paragraphs (a)(2) and (3). If the applicant fails to provide all missing information, documents, and the applicable fee within 30 days of notification by the attorney general that the application is incomplete, the application shall be deemed abandoned, and all fees accompanying the application shall be retained by the attorney general and shall not be refunded to the applicant.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112a, as amended by L. 2015, ch. 96, sec. 15; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-3 Computation of time

(a) In computing any period of time prescribed by the scrap metal theft reduction act or this article concerning registration, the day of the action or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless that day is a Saturday, Sunday, or legal holiday, in which event the period shall include the end of the next day that is not a Saturday, Sunday, or legal holiday.

(b) Unless otherwise specified in this article, each of the following terms shall have the meaning specified in this subsection:

(1) "Day" means calendar day and not business day. Intermediate Saturdays, Sundays, and legal holidays shall be included in the computation.

(2) "Business day" means any day that is not a Saturday, Sunday, or legal holiday.

(3) "Legal holiday" shall include any day designated as a holiday by any Kansas statute or regulation.

(c) If the attorney general's office is not open to the public on the last day of any time period prescribed by this article, the time period shall be extended until the next business day on which the attorney general's office is open for business.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-4 Hearings

Any applicant or registered scrap metal dealer may request a hearing on an order denying, suspending, or revoking that individual's application or registration by submitting a written request for a hearing to the attorney general's office within 15 days of the date of service of the order denying, suspending, or revoking the registration.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-5 Notice of hearing

The time and place of each hearing shall be set at least 10 days before the hearing. Notice of the hearing shall be provided to all parties.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-6 Service of order or notice

(a) Service of an order or notice shall be made upon each party and, if any, each party's attorney of record by delivering a copy of the order or notice to the person to be served or by mailing a copy of the order or notice by first-class mail to the person at the person's last known address. Service shall be presumed if the attorney general, or the attorney general's designee, delivers a written certificate of service. Delivery of a copy of an order or notice to a person shall mean handing the order or notice to the person or leaving the order or notice at the person's principal place of business or residence with a responsible person who works or resides there. Service by mail shall be complete upon mailing.

(b) Whenever a party has the right or is required to perform an action within a prescribed period after service of a notice or order and the notice or order is served by mail, three days shall be added to the prescribed period.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-7 Hearing procedure

The following provisions shall apply at each hearing:

(a) The proceedings shall be conducted by the attorney general or the attorney general's designee.

(b) To the extent necessary for full disclosure of all relevant facts and issues, each party shall have the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.

(c) Nonparties may be given an opportunity by the attorney general or the attorney general's designee to present oral or written statements. Each party shall be given an opportunity to challenge or rebut these statements. On motion of any party, the statements shall be required by the attorney general or the attorney general's designee to be given under oath or affirmation.

(d) The hearing may occur by telephone or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place.

(e) The hearing shall be recorded at the expense of the attorney general's office. The attorney general's office shall not be required at its own expense to prepare a transcript, unless required to do so by a provision of law. Any party, at the party's expense and subject to any reasonable conditions that the attorney general's office may establish, may cause a person other than the attorney general's office to prepare a transcript from the record or cause additional recordings to be made during the hearing.

(f) Each hearing shall be open to public observation, except to the limited extent as determined by the attorney general or the attorney general's designee, that it is necessary to close parts of the hearing pursuant to any provision of law requiring confidentiality or expressly authorizing closure.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-8 Evidence

(a) At each hearing, the parties shall not be bound by technical rules of evidence, and the parties shall have reasonable opportunity to be heard and to present evidence. The attorney general or the attorney general's designee shall act reasonably and without partiality. The rules of privilege recognized by law shall be followed by the attorney general or the attorney general's designee. Evidence shall not be required to be excluded solely because the evidence is hearsay.

(b) All testimony of parties and witnesses shall be given under oath or affirmation. The power to administer an oath or affirmation for that purpose shall reside with the attorney general or the attorney general's designee.

(c) Any statements presented by nonparties in accordance with this article may be received as evidence.

(d) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.

(e) Documentary evidence may be received in the form of a copy or excerpt. Upon request, the parties shall be given an opportunity to compare the copy with the original if the original is available.

(f) Official notice may be taken of the following:

(1) Any matter that could be judicially noticed in Kansas courts;

(2) the record of other proceedings before the attorney general or the attorney general's designee;

(3) technical or scientific matters within the specialized knowledge of the attorney general's office; and

(4) codes or standards that have been adopted by an agency of the United States, of Kansas, or of another state or by a nationally recognized organization or association.

(g) The parties shall be notified before or during the hearing, or before the issuance of any order that is based in whole or in part on matters or material noticed, of the specific matters or material noticed and the source thereof, including any staff memoranda and data. The parties shall be afforded an opportunity to contest and rebut the matters or material so noticed.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-9 Default

If the party requesting a hearing defaults by failing to attend or participate in a hearing or any other stage of an adjudicative proceeding, the request for a hearing shall be dismissed and the order denying, suspending, or revoking the registration shall become final.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2015, ch. 96, sec. 1; implementing K.S.A. 2014 Supp. 50-6,112c, as amended by L. 2015, ch. 96, sec. 17; effective, T-16-8-10-15, Aug. 10, 2015; effective Dec. 4, 2015.)

Kan. Admin. Regs. § 16-14-10 Submission of required information

(a) Each scrap metal dealer shall submit the information required by K.S.A. 2019 Supp. 50-6,110, and amendments thereto, by entering the required information into the database.

(b) Failure to timely submit the information required by K.S.A. 2019 Supp. 50-6,110 and amendments thereto, shall be grounds for suspension of the scrap metal dealer's registration pursuant to K.S.A. 2019 Supp. 50-6,112c, and amendments thereto.

(c) Any scrap metal dealer may submit a written application to the attorney general to request additional time to comply with subsection (a). Each application shall include documentation of one of the following:

(1) No satellite-based or land-based internet service providers offer internet service to either the scrap metal dealer's residence or the scrap metal dealer's place of business.

(2) Compliance with subsection (a) would result in extreme hardship.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2018 Supp. 50-6,109a, as amended by L. 2019, ch. 66, sec. 2; implementing K.S.A. 2018 Supp. 50-6,109a, as amended by L. 2019, ch. 66, sec. 2, and 50-6,110, as amended by 2020 S Sub for HB 2137, sec. 4; effective, T-16-6-29-16, July 1, 2016; effective Oct. 21, 2016; amended Oct. 2, 2020.)

Kan. Admin. Regs. § 16-14-11 Definitions

As used in this article of the attorney general's regulations and in the scrap metal theft reduction act, K.S.A. 2019 Supp. 50-6,109 et seq. and amendments thereto, each of the following terms shall have the meaning specified in this regulation:

(a) "Database" means the online central repository approved by the Kansas bureau of investigation to be used by each scrap metal dealer to submit the information required by K.S.A. 2019 Supp. 50-6,110, and amendments thereto.

(b) "Licensed business" means a sole proprietorship, general partnership, limited partnership, limited liability partnership, corporation, or limited liability company that lawfully operates out of a fixed business location and that is reasonably expected to generate regulated scrap metal at the fixed business location in the ordinary course of business due to the nature of the products or services offered.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2018 Supp. 50-6,109a, as amended by L. 2019, ch. 66, sec. 2; implementing K.S.A. 2018 Supp. 50-6,109a, as amended by L. 2019, ch. 66, sec. 2, and 50-6,110, as amended by 2020 S Sub for HB 2137, sec. 4; effective, T-16-6-29-16, July 1, 2016; effective Oct. 21, 2016; amended Oct. 2, 2020.)

Article 15 Bail Enforcement Agent Licensing

Kan. Admin. Regs. § 16-15-1 Definitions

For purposes of these regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Attorney general" means the Kansas attorney general and the attorney general's designees.

(b) "Authorization" means a registration, certificate, permit, licensure, or other documented approval that allows an applicant or a licensee to act as a bail enforcement agent or bounty hunter in another jurisdiction.

(c) "Conviction" means any of the following, whether the penalty has been imposed, reduced, suspended, deferred, or otherwise withheld, unless the conviction has been expunged:

(1) An unvacated adjudication of guilt;

(2) a plea of guilty or nolo contendere accepted by the court; or

(3) a deferred judgment or probation agreement.

(d) "Encumbered" means that the issuing authority for an authorization has fined, censured, limited, conditioned, suspended, revoked, or taken any other similar action or penalty against the authorization, whether done publicly or privately.

(e) "Expunged" shall have the meaning consistent with the definition of "expungement" in K.S.A. 21-5111, and amendments thereto, which shall include substantially similar processes from other jurisdictions.

(f) "Jurisdiction" means any of the following:

(1) Kansas, or any other state of the United States, and any department or branch of that state's government, or any agency, authority, institution, or other instrumentality thereof;

(2) municipality, which shall mean any county, township, city, school district, or other political or taxing subdivision of Kansas, or any other state of the United States, or any agency, authority, institution, or other instrumentality thereof;

(3) the District of Columbia;

(4) any territoryof the United States; or

(5) any district, province, territory, or state of any foreign country.

(g) "License" means a bail enforcement agent license issued by Kansas.

(h) "Licensee" means a person who holds a license.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2016 Supp. 75-7e07; implementing K.S.A. 2016 Supp. 75-7e03, 75-7e06; effective, T-16-6-29-16, July 1, 2016; effective Oct. 21, 2016.)

Kan. Admin. Regs. § 16-15-2 Application for license

(a) Except as otherwise provided by law, each person wanting to engage in activities as a bail enforcement agent, which is commonly known as a bounty hunter, shall submit an application to the attorney general on the form prescribed by the attorney general.

(b) The application shall be available electronically on the attorney general's web site. A printed copy of the application, the bail enforcement agent licensing act, and these regulations may be obtained from the attorney general for a fee of $15.

(c) Each applicant shall meet the following requirements:

(1) Complete the entire application under penalty of perjury;

(2) have notarized those portions of the application required to be notarized; and

(3) make complete and correct statements in the application.

(d) The applicant's fingerprints shall be taken at a law enforcement agency. The fingerprint card shall include the name of the person who took the applicant's fingerprints.

(e) An application shall be deemed incomplete and shall not be considered for approval by the attorney general if the application fails to include any of the following:

(1) All signatures and information required by the application;

(2) payment of all required fees as specified in K.A.R. 16-15-3; or

(3) all attachments required by the application.

(f) Each application that remains incomplete for at least 30 days following the attorney general's request for the applicant to provide any missing information shall be deemed abandoned and shall be withdrawn from consideration.

(g) Each applicant shall include the following with the application:

(1) The applicant's full name, date of birth, residential address, business address, and name of the applicant's current employer or employers;

(2) in accordance with K.A.R. 16-15-3, payment of the following:

(A) The initial licensure fee; and

(B) the fee for the criminal history records check;

(3) a photocopy of the applicant's driver's license or other government-issued identification card from the applicant's state of residence;

(4) two color, passport-size photographs of the applicant taken within the preceding 30 days. Each photograph shall depict a full-frontal view of the applicant's head;

(5) a statement of the applicant's employment history;

(6) one classifiable set of the applicant's fingerprints taken by a federal, state, or municipal law enforcement agency;

(7) if the applicant has a criminal history, a statement of the applicant's entire criminal history including, pursuant to K.S.A. 12-4516 and K.S.A. 2016 Supp. 21-6614 and amendments thereto, any criminal history that has been expunged;

(8) a copy of the criminal history waiver form that was completed by the applicant before getting the applicant's fingerprints taken by a law enforcement agency;

(9)(A) If the applicant holds or has held an authorization to act as a bail enforcement agent in a jurisdiction other than Kansas, a copy of any current or prior authorizations held by the applicant or, if the prior authorization is no longer in the possession of the applicant, a description of who the authorizing entity was and a date as to when the authorization was last valid; and

(B) if any current or prior authorization has been encumbered by the authorizing entity, an explanation as to why that authorization was encumbered and a certified copy of any document ordering or establishing that encumbrance. The certified copy shall be submitted by the authorizing entity directly to the attorney general; and

(10) a statement that the applicant does not meet the criteria for denial of licensure under K.S.A. 2016 Supp. 75-7e03, and amendments thereto, and does not meet the criteria for any encumbrance pursuant to K.S.A. 2016 Supp. 75-7e06, and amendments thereto.

(h) Each applicant shall be responsible for the payment of any other expenses required in order to complete the application requirements specified in this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2016 Supp. 75-7e07; implementing K.S.A. 2016 Supp. 75-7e03, 75-7e06, and 75-7e08; effective, T-16-6-29-16, July 1, 2016; effective Oct. 21, 2016.)

Kan. Admin. Regs. § 16-15-3 Fees

(a) The following fees shall be submitted in full to the attorney general when required:

(1) An initial licensure fee of $200, less the materials fee if that fee was previously paid;

(2) a renewal of licensure fee of $175, less the materials fee if that fee was previously paid;

(3) in accordance with K.A.R. 16-15-2 or 16-15-4, a fee of $57 for the criminal history records check; and

(4) a materials fee of $15 if the applicant or licensee requests a printed copy of any of the application or renewal application materials before submitting an application.

(b) All fees, whether paid in full or part, associated with any complete or incomplete application shall be nonrefundable.

(c) Payment of application fees and renewal application fees shall be submitted by personal check, cashier's check, or money order and shall be payable to the attorney general. An applicant or licensee who has previously had a personal check submitted to the attorney general that was returned unpaid for any reason shall not be allowed to pay any required fees with a personal check.

(d) A fee of $15 shall be charged to any licensee for a duplicate license. Each licensee requesting a duplicate license shall submit a notarized affidavit attesting to the circumstances surrounding the license being lost or stolen.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2016 Supp. 75-7e07; implementing K.S.A. 2016 Supp. 75-7e03, 75-7e05, and 75-7e08; effective, T-16-6-29-16, July 1, 2016; effective Oct. 21, 2016.)

Kan. Admin. Regs. § 16-15-4 License renewal

(a) Any license issued under the bail enforcement agent licensing act may be renewed every two years from the license issuance date.

(b) Fingerprints and the photographs of a licensee shall not be required in a renewal application, unless these items have already been on file with the attorney general for more than four years.

(c)(1) Each renewal application shall be submitted on the form prescribed by the attorney general and shall be complete before the license shall be eligible for renewal by the attorney general.

(2) A renewal application shall be deemed incomplete and shall not be considered for approval if the applicant fails to include any of the following:

(A) All signatures and information required by the renewal application;

(B) payment of all required fees as provided in K.A.R. 16-15-3; or

(C) all attachments required by the renewal application.

(3) A complete renewal application shall be deemed submitted according to either of the following:

(A) If mailed, the date of the last postmark on the complete renewal application; or

(B) if filed in person, the last file-stamped date applied to the complete renewal application by the attorney general.

(d) If a licensee has not submitted a complete renewal application within 30 days of the license expiration date, that license shall be considered abandoned and shall not be renewed. Any abandoned license may be reissued only after the individual successfully completes the initial application process specified in K.A.R. 16-15-2.

(e) Upon submitting a renewal application, each licensee shall notify the attorney general of the following:

(1) Any new authorizations that have been obtained by that licensee;

(2) any authorizations that have lapsed or otherwise expired; and

(3) if not already submitted to the attorney general, any authorization that has been encumbered by the issuing jurisdiction.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2016 Supp. 75-7e07; implementing K.S.A. 2016 Supp. 75-7e05, 75-7e08; effective, T-16-6-29-16, July 1, 2016; effective Oct. 21, 2016.)

Article 16 Skill Development Training Course

Kan. Admin. Regs. § 16-16-1 Definitions

(a) "Campus police officer" shall mean a school security officer designated by the board of education of any school district pursuant to K.S.A. 72-8222, and amendments thereto.

(b) "Law enforcement officer" and "police officer" shall mean a full-time or part-time salaried officer or employee of the state, a county, or a city whose duties include the prevention or detection of crime and the enforcement of criminal or traffic law of Kansas or of any Kansas municipality. These terms shall include a campus police officer.

(c) "Law enforcement officer primarily assigned to a school" shall mean any of the following:

(1) A campus police officer;

(2) a school resource officer; or

(3) a law enforcement officer jointly designated by a superintendent and the head of a law enforcement agency.

(d) "School district" shall mean a unified school district organized under the laws of Kansas.

(e) "School resource officer" shall mean a law enforcement officer or police officer who is employed by a local law enforcement agency and is assigned to a school district through an agreement between the local law enforcement agency and the school district.

(f) "Superintendent" shall mean the superintendent of schools appointed by the board of education of a school district.

(g) "Superintendent's designee" shall mean a person who is appointed by the superintendent and who is licensed by the Kansas state board of education and employed by the superintendent's school district but is not a law enforcement officer.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2016, ch. 46, §14; effective Dec. 16, 2016.)

Kan. Admin. Regs. § 16-16-2 Curriculum

There is hereby created a skill development training course, which shall include the following curriculum:

(a) Information on adolescent development;

(b) risk and needs assessments;

(c) mental health;

(d) diversity;

(e) youth crisis intervention;

(f) substance abuse prevention;

(g) trauma-informed responses; and

(h) other evidence-based practices in school policing to mitigate student juvenile justice exposure.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2016, ch. 46, §14; effective Dec. 16, 2016.)

Kan. Admin. Regs. § 16-16-3 Training requirement

(a) Each law enforcement officer primarily assigned to a school and each superintendent or superintendent's designee shall be required to successfully complete a skill development training course, pursuant to K.A.R. 16-16-2, that has been developed and either provided or authorized by the Kansas law enforcement training center according to the following, whichever is later:

(1) On or before June 30, 2018; or

(2) within one year of being designated as a law enforcement officer primarily assigned to a school or employed by a school district as a superintendent or superintendent's designee.

(b) Nothing in this regulation shall require a law enforcement officer primarily assigned to a school or a superintendent or superintendent's designee to complete more than one skill development training course.

(c) Each law enforcement officer primarily assigned to a school and each superintendent or superintendent's designee shall submit proof of successful completion of a skill development training course, pursuant to K.A.R. 16-16-2, that was developed and either provided or authorized by the Kansas law enforcement training center to that individual's respective certification or licensing agency.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2016, ch. 46, §14; effective Dec. 16, 2016.)

Article 17 Commercial Driver's License: Training in Human Trafficking Identification and Prevention

Kan. Admin. Regs. § 16-17-1 Training course approval for providers

(a) For purposes of this regulation, "human trafficking" shall have the meaning specified in K.S.A. 2017 Supp. 21-5426, and amendments thereto, and shall include "commercial sexual exploitation of a child" as specified in K.S.A. 2017 Supp. 21-6422, and amendments thereto.

(b) No person or entity shall provide a training course on human trafficking identification and prevention pursuant to K.S.A. 2017 Supp. 8-2,157, and amendments thereto, unless the office of the attorney general has issued a letter of approval for that training course.

(c) Each person or entity seeking approval of a training course on human trafficking identification and prevention shall submit an application to the office of the attorney general, human trafficking identification and prevention training approval, in Topeka, Kansas. The application shall include at least the following information:

(1) (A) The name and address of the person or entity;

(B) the name and title of the person submitting the application on behalf of the person or entity, with the person's signature and a statement certifying that the information and materials submitted will be used in the training course for which approval is being sought; and

(C) the name, title, and telephone number of the contact person for course approval matters; and

(2) a copy of all training materials. The training materials shall include at least the following:

(A) Written materials or video materials, or both;

(B) a definition of "human trafficking" consistent with subsection (a);

(C) strategies on what to look for and how to identify potential victims of human trafficking; and

(D) information on how and to whom to report suspected human trafficking.

(d) After a training course on human trafficking identification and prevention has been approved, new or revised written or video training materials shall not be used until an application for approval of the new or revised training materials has been submitted to and approved by the office of the attorney general pursuant to this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2017 Supp. 8-2,157; effective March 9, 2018.)

Article 18 Elder and Dependent Adult Abuse Prevention Council

Kan. Admin. Regs. § 16-18-1 Definitions

Each of the following terms, as used in this article of the attorney general's regulations, shall have the meaning specified in this regulation:

(a) "ANE unit" means the abuse, neglect, and exploitation of persons unit created in the office of the attorney general pursuant to K.S.A. 75-723, and amendments thereto.

(b) "Chairperson" means the person from the ANE unit who serves as the council's chairperson.

(c) "Council" means the elder and dependent adult abuse prevention council, which shall advise and may make recommendations to the ANE unit and the attorney general.

(d) "Multidisciplinary team" and "MDT" mean a group of individuals who have background, education, or experience in one or more disciplines or fields of study in preventing, detecting, and investigating abuse, neglect, or exploitation of elder or dependent adults.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 75-723; effective July 19, 2019.)

Kan. Admin. Regs. § 16-18-2 Membership; meetings

(a) The elder and dependent adult abuse prevention council is hereby established by this regulation. The council shall consist of the following members appointed by the attorney general:

(1) A representative from the ANE unit, who shall serve as the chairperson;

(2) a representative from the medicaid fraud and abuse division of the attorney general's office;

(3) a representative from the consumer protection division of the attorney general's office;

(4) a representative of the attorney general, who shall serve as the prevention and education outreach coordinator;

(5) a representative of the attorney general, who shall serve as the MDT and elder or dependent adult victim coordinator;

(6) a representative from the Kansas department for aging and disability services (KDADS), who shall be appointed in consultation with and agreement of the secretary of KDADS;

(7) a representative from the Kansas department for children and families (DCF), who shall be appointed in consultation with and agreement of the secretary of DCF;

(8) a representative from the Kansas department of health and environment (KDHE), who shall be appointed in consultation with and agreement of the secretary of KDHE;

(9) a representative of the governor, who shall be appointed in consultation with and agreement of the governor;

(10) a prosecutor from a district attorney's office, who shall be appointed in consultation with the Kansas county and district attorneys association;

(11) a county attorney, who shall be appointed in consultation with the Kansas county and district attorneys association;

(12) a law enforcement officer or police officer certified by the Kansas commission on peace officers' standards and training, who shall be appointed in consultation with the Kansas sheriffs' association, the Kansas association of chiefs of police, or the Kansas peace officers association;

(13) a representative from the medical services industry who is experienced in matters involving elder or dependent adult abuse;

(14) a representative from the financial services industry who is experienced in matters involving elder or dependent adult abuse;

(15) two representatives from advocacy organizations who are experienced in the prevention of elder or dependent adult abuse; and

(16) other individuals as deemed necessary by the attorney general to serve on the council.

(b) The council shall meet at least quarterly upon call of the chairperson and shall maintain minutes of each meeting.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 75-723; effective July 19, 2019.)

Kan. Admin. Regs. § 16-18-3 Duties

(a) The council shall advise and may make recommendations to the ANE unit and the attorney general to assist the ANE unit with the statutory duty of the ANE unit pursuant to K.S.A. 2018 Supp. 75-723, and amendments thereto.

(b) To fulfill its duties, the council may perform the following:

(1) Take testimony or gather and receive information;

(2) establish subcommittees or working groups on particular topics, which may be composed exclusively of members of the council or may, at the discretion of the chairperson, include persons who are not members of the council;

(3) assist in developing local or regional MDTs to prevent, detect, and investigate abuse, neglect, or exploitation of elder or dependent adults;

(4) coordinate and engage in prevention activities for education, outreach, and awareness, including the development of a publicly available clearinghouse of information on elder or dependent adult abuse prevention; and

(5) undertake any other tasks as may be requested by the attorney general.

(c) The council shall comply with the Kansas open meetings act and the Kansas open records act.

(d) The council shall have the authority to request legal counsel and any other staff for its support from the attorney general.

(e) The council shall submit to the ANE unit and the attorney general an annual report on the council's work, recommendations, and anticipated activities.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2018 Supp. 75-723; effective July 19, 2019.)

Article 19 Victim Information and Notification Everyday Advisory Board

Kan. Admin. Regs. § 16-19-1 Definitions

Each of the following terms, as used in this article of the attorney general's regulations, shall have the meaning specified in this regulation:

(a) "Board" means the advisory board appointed by the attorney general.

(b) "Chairperson" means the VINE coordinator.

(c) "VINE coordinator" means the person appointed by the attorney general to oversee the implementation and operation of the VINE system throughout the state.

(d) "VINE system" means the Kansas victim information and notification everyday system, which allows victims of crime and the general public to use the telephone, a mobile application, or the internet to search for information regarding the custody status of an offender housed in a Kansas county jail and to register to receive notification by telephone, text message, or electronic mail, or any combination of these, whenever the offender's custody status changes.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-771; effective March 6, 2020.)

Kan. Admin. Regs. § 16-19-2 Membership; meetings

(a) The board is hereby established by this regulation. The board shall consist of the following members appointed by the attorney general:

(1) The VINE coordinator, who shall serve as the chairperson;

(2) a representative of the Kansas sheriffs' association, who shall be appointed in consultation with and agreement of the Kansas sheriffs' association;

(3) a representative from a victim advocacy organization; and

(4) up to two other individuals as deemed necessary by the attorney general.

(b) The board shall meet upon the call of the chairperson and shall maintain minutes of each meeting.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-771; effective March 6, 2020.)

Kan. Admin. Regs. § 16-19-3 Duties

(a) The board shall make recommendations for the implementation and operation of the VINE system to the attorney general.

(b) To fulfill its duties, the board shall have the authority to perform the following:

(1) Take testimony or gather and receive information;

(2) establish subcommittees or working groups on particular topics, which may be composed exclusively of members of the board or may, at the discretion of the chairperson, include persons who are not members of the board;

(3) coordinate and engage in activities for education, outreach, and awareness of the services provided through the VINE system; and

(4) undertake any other tasks as may be requested by the attorney general.

(c) The board and members of established subcommittees or working groups shall comply with the Kansas open meetings act and the Kansas open records act.

(d) The board shall have the authority to request legal counsel and any other staff for its support from the office of the attorney general.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 75-771; effective March 6, 2020.)

Article 20 Kansas Open Meetings Act

Kan. Admin. Regs. § 16-20-1 Compliance with the Kansas open meetings act during an emergency declaration

(a) This regulation shall be in effect only as follows:

(1) During a state of disaster emergency lawfully declared by the governor pursuant to K.S.A. 48-924(a) through (c), and amendments thereto, or other emergency declaration lawfully declared pursuant to applicable emergency-powers provisions of local, state, or federal law;

(2) in the territory affected by any such declaration; and

(3) to the extent that emergency responses required pursuant to any such declaration prevent or impede the ability of any of the following:

(A) Members of a public body or agency subject to the Kansas open meetings act, K.S.A. 75-4317 et seq. and amendments thereto, to conduct meetings by physically gathering in person;

(B) members of the public to attend or observe public meetings by physically attending the meetings; or

(C) a combination of both paragraph (a)(3)(A) and paragraph (a)(3)(B).

(b) All requirements of the Kansas open meetings act, K.S.A. 75-4317 et seq. and amendments thereto, shall remain in force and effect during any emergency declared as described in paragraph (a)(1) unless expressly suspended by order of the governor pursuant to K.S.A. 48-925(c)(1), and amendments thereto, or other applicable provision of K.S.A. 48-925, and amendments thereto. No order of the governor shall be construed to suspend any requirement of the Kansas open meetings act, unless the order meets the following conditions:

(1) Expressly cites and invokes K.S.A. 48-925(c)(1), and amendments thereto, and any other specific provision of K.S.A. 48-925, and amendments thereto, from which the order draws authority;

(2) expressly references the Kansas open meetings act and the specific provisions thereof that the governor intends to suspend during the state of disaster emergency; and

(3) makes plain and unequivocal the intent of the governor to suspend any such requirement.

(c) Any public body or agency may comply with the requirement of K.S.A. 75-4318(a), and amendments thereto, that a meeting be "open to the public" through the use of a telephone or other medium for interactive communication if the requirements of subsection (e) are met.

(d) As used in this regulation, "medium for interactive communication" shall include teleconference, videoconference, internet conference, television broadcast, or any other method that permits the public to listen to the meeting and also to observe the meeting if the method allows for visual observation.

(e) Each public body or agency conducting an open meeting utilizing solely a telephone or another medium for interactive communication rather than by members of the body or agency gathering in person at a physical location shall meet the following requirements:

(1) Use a medium for interactive communication that, at a minimum, allows members of the public, without cost, to listen to the meeting and, if available, also allows video observation of the meeting;

(2) comply with all requirements of the Kansas open meetings act, except any temporarily suspended by the governor as provided by subsection (b), including requirements for notice;

(3) if the medium for interactive communication allows, provide an alternative means to access the meeting for members of the public who do not have internet access that also complies with the requirements issued pursuant to any emergency declaration;

(4) provide directions describing how members of the public will be able to electronically access, listen to, or observe the open meeting;

(5) if the medium for interactive communication does not permit easy identification of the individual speaker, require each member of the public body or agency, staff, or presenter to state the individual's name and title, if any, each time the individual begins speaking or voting so that the individual can be readily identified by remote listeners or observers;

(6) require all participants to ensure that microphones, phones, or other electronic devices are muted when the participants are not speaking so that the ability of remote listeners or observers to hear the proceedings is not unnecessarily impeded;

(7) describe at the beginning of the meeting whether public comment will be allowed and what process will be used to identify any individual who wishes to comment, if permitted;

(8) describe at the beginning of the meeting the process that will be used for a closed or executive meeting pursuant to K.S.A. 75-4319, and amendments thereto;

(9) before any meeting, provide electronic or paper copies of an agenda, if any, to any individual requesting the agenda;

(10) clearly state each motion before the public body votes and announce the results of the final vote; and

(11) when not otherwise established by the agency or by ordinance or resolution of the public body, pass a motion that clearly identifies and authorizes by delegation each member of the public body or staff who will be permitted to sign any binding document for the public body or agency.

(f) To the extent that emergency responses required pursuant to the emergency declaration prevent or impede the ability of the public to physically attend a public meeting, any public body or agency may comply with the requirement of K.S.A. 75-4318(a), and amendments thereto, by meeting in person but limiting physical access of the public to the place where the meeting occurs if the public body or agency meets the following requirements:

(1) Complies with all requirements of the Kansas open meetings act, except any requirements suspended by the governor as provided by subsection (b), including requirements for notice;

(2)(A)(i) Broadcasts the meeting live on television or the internet; and

(ii) provides members of the public with the ability to access the meeting by telephone without cost; or

(B) uses any other method other than the methods specified in paragraphs (f)(2)(A)(i) and (ii) that permits the public to listen to or observe the meeting without cost;

(3) provides directions describing how members of the public will be able to electronically access, listen to, or observe the open meeting;

(4) if the medium for interactive communication does not permit easy identification of the individual speaker, requires each member of the public body or agency, staff, or presenter to state the individual's name and title, if any, each time the individual begins speaking or voting so that the individual can be readily identified by remote listeners or observers;

(5) describes at the beginning of the meeting whether public comment will be allowed and what process will be used to identify any individual who wishes to comment, if permitted;

(6) describes at the beginning of the meeting the process that will be used for a closed or executive meeting pursuant to K.S.A. 75-4319, and amendments thereto;

(7) before any meeting, provides electronic or paper copies of an agenda, if any, to any individual requesting the agenda;

(8) states each motion before the public body votes and announces the results of the final vote; and

(9) when not otherwise established by the agency or by ordinance or resolution of the public body, passes a motion that clearly identifies and authorizes by delegation each member of the public body or staff who will be permitted to sign any binding document for any public body or agency.

(g) Nothing in this regulation shall require any public body or agency to provide members of the public with the opportunity for public comment.

(h) Nothing in this regulation shall require any public body or agency to take action to prevent any member of the public from physically attending any public meeting.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 75-762; implementing K.S.A. 75-4317 and 75-4318; effective, T-16-3-25-20, March 25, 2020; effective Sept. 11, 2020.)

Article 21 Human Trafficking

Kan. Admin. Regs. § 16-21-1 Specifications for anti-human trafficking notices

(a) The notice required by K.S.A. 75-759, and amendments thereto, shall contain the written information and the graphic in the Kansas attorney general's document titled "anti-human trafficking notice requirements for K.A.R. 16-21-1," dated January 31, 2022 and hereby adopted by reference.

(b) Each notice shall be at least 8.5" x 11" and shall be legible. Each notice that becomes illegible shall be replaced immediately.

(c) A notice that meets the requirements of this regulation may be obtained by contacting the office of the Kansas attorney general or may be reproduced from the web site of the office of the Kansas attorney general.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2021 Supp. 75-759; effective July 8, 2022.)