44-322a. Enforcement; hearing; action of secretary; judicial review.
44-322a
44-322a. Enforcement; hearing; action of secretary;judicial review.(a) Whenever a claim for unpaid wages under K.S.A. 44-313 through 44-326,and amendments thereto, is filedwith the secretary oflabor, the secretary or the secretary'sauthorized representativeshall investigate the claim as providedin K.S.A. 44-322, and amendments thereto, to determine if adisputeexists between theparties to the claim. If the secretary or the secretary's authorizedrepresentative determines that a dispute doesexist and that the parties are unable to resolve their differences, thesecretary or a presidingofficer from the office of administrative hearings shall establish atime and place for a hearingon the matter. The hearing shall be conducted in accordance with theprovisions of the Kansas administrative procedure act.
(b) Upon the completion of the hearing, the presiding officer shalldetermine whether the claim for unpaid wages is a valid claim underK.S.A. 44-313 through 44-326 andamendments thereto. If the presidingofficer determines the claimfor unpaid wages is valid, the amount ofunpaid wages owed together with any damages which may be assessed underK.S.A. 44-315, and amendments thereto, if applicable, also shall bedeterminedby thepresiding officer. If the presiding officer determinesthe claim for unpaid wages is valid, the presiding officer shall order that theunpaid wages and any applicable damages be paid by the party responsiblefor their payment. Any initial order under this section shall be reviewedby the secretary inaccordancewith K.S.A. 77-527 and amendments thereto. The decision of thesecretary shall be final and theamount of any unpaid wages and applicable damages determined by thesecretary to be valid shallbe due and payable unless judicial review is sought within the time allowed bylaw.
(c) Any agency action under this section issubject to review in accordance with the act for judicial review and civilenforcement of agency actions.
History: L. 1977, ch. 173, § 2; L. 1983, ch. 165, § 1;L. 1986, ch. 318, § 53;L. 1988, ch. 356, § 138;L. 2004, ch. 179, § 5;L. 2008, ch. 150, § 4; July 1.