39-7,142. Administrative orders.
39-7,142
39-7,142. Administrative orders.(a) The provisions of this section shall apply to all ordersentered by an authorized agent of the secretary in any IV-D administrativeproceeding under K.S.A. 39-7,137 through 39-7,152 and amendmentsthereto.
(b) Every administrative order entered shall specify:
(1) Identifying information about the IV-D case;
(2) the mailing address of the Kansas office providing IV-D services;
(3) any finding of fact required by law; and
(4) when review of the administrative order is available and how to requestreview.
(c) Each administrative order shall be signed and dated by the secretary'sauthorized agent. The date of entry shall be the date the administrative orderis signed by the secretary's authorized agent. The administrative order shallbe effective as of the date of entry except to the extent that the order'seffectiveness is stayed.
(d) A copy of the administrative order shall be served on each personrequired to comply with the administrative order, on the responsible parent,and on any other person required by law to receive a copy of the administrativeorder.
(e) The secretary may correct any technical error arising from oversight oromission or any clerical mistake that is discovered in any administrativeorder. Except as otherwise provided in this section, the amendment may be madeat any time upon the secretary's own initiative or upon request of any personand after such notice, if any, that the secretary determines appropriate. If areview is pending, an amendmentunder this section may be made only with leave of the presiding officer. Theamendment shall relate back to the date of the original administrative order,except that any person who has relied in good faith upon the originaladministrative order shall not be prejudiced by the relation back of anyamendment under this section. A copy of the amended administrative order shallbe served upon the same parties as the original administrative order, with astatement explaining the change, when review of the amended administrativeorder is available and how to requestreview. For the purpose of determining whether review of the amended order isavailable, the date the amended orderwas served upon the person requesting review shall be treated as the date theamended administrative order was entered.
History: L. 1997, ch. 182, § 11; July 3.