65-673. Rules and regulations; authority of secretary; hearings.
65-673
65-673. Rules and regulations; authority of secretary; hearings.(a) The authority to promulgate rules and regulations for the efficientenforcement of this act is hereby vested in the secretary. The secretary ishereby authorized to make the regulations promulgated under this actconform, insofar as practicable, with those promulgated under the federal act.
(b) Hearings authorized or required by this act shall be conducted by thesecretary or by apresiding officer from the office of administrative hearings for thispurpose. The secretary shall prescribe by rule and regulation the procedure forconducting hearings. The presiding officer shallhave the same powers in conducting a hearing as the secretary. In conducting ahearing the secretary or the presiding officer may issuesubpoenas to compel the attendance of witnesses, administer oaths, taketestimony, require the production of books, papers, records, correspondence orother documents which the secretary or the presidingofficer deems relevant and render decisions. In case of the refusal of anyperson to comply with any subpoena issued under this section or to testify withrespect to any matter which the person may be lawfully questioned, the districtcourt of any county on application of the secretary may issue an orderrequiring such person to comply with the subpoena and to testify, and anyfailure to obey the order of the court may be punished by the court as acontempt thereof. Notwithstanding the foregoing provisions of this subsection,hearings on an order, as defined in subsection (d) of K.S.A. 77-502 andamendments thereto, shall be conducted in accordance with the provisions of theKansas administrative procedure act.
(c) Before promulgating any rules and regulations contemplated by K.S.A.65-663, 65-665, 65-666, 65-669, or 65-672, and amendments thereto, thesecretary shall give appropriate notice of the proposal and of the time andplace for a hearing as provided in this act. Such rules and regulations may beamended or revoked in the same manner as is provided by law for adoption.
History: L. 1953, ch. 286, § 19; L. 1965, ch. 506, § 27;L.1974, ch. 352, § 112; L. 1982, ch. 258, § 5;L. 1988, ch. 356, § 188;L. 2004, ch. 145, § 21; July 1, 2005.