72-5430a. Prohibited practices, determination of existence; procedure; hearing.
72-5430a
72-5430a. Prohibited practices, determination of existence;procedure; hearing.(a) Any controversy concerning prohibited practices may be submitted tothe secretary. Proceedings against the party alleged to have committed aprohibited practice shall be commenced within six months of the dateof the alleged practice by service upon it by the secretary of a writtennotice, together with a copy of the charges. The accused party shallhave 20 days within which to serve a written answer to thecharges, unless the secretary determines an emergency exists and requiresthe accused party to serve a written answer to the charges within 24hours of receipt. Hearings on prohibited practices shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.If the board determines an emergency exists, the board shall follow theprocedures contained in K.S.A. 77-536 and amendments thereto. A strikeor lockout shall beconstrued to be an emergency.
(b) The secretary shall either dismiss the complaint or determine that aprohibited practice has been or is being committed, and shall enter a finalorder granting or denying in whole or in part the relief sought. Any actionof the secretary pursuant to this subsection issubject to review and enforcement in accordance with the act for judicialreview and civil enforcement of agency actions. Venue of the action for review is thejudicial district where the principal offices of the pertinent board ofeducation are located.
The action for review shall beby trial de novo with or without ajury in accordance with the provisions of K.S.A. 60-238 and amendmentsthereto, and the court may,in its discretion, permit any party or the secretary to submitadditional evidence on any issue. The action for reviewshall be heard and determinedby the court as expeditiously as possible.
(c) If there is an alleged violation of either subsection(b)(8) or (c)(5) of K.S.A. 72-5430 and amendments thereto, theaggrieved party or the secretary is authorizedto seek relief in district court.
History: L. 1980, ch. 220, § 13;L. 1986, ch. 318, § 130;L. 1988, ch. 356, § 279; July 1, 1989.