Kan. Admin. Regs. § 123-13-704

Current through Register Vol. 43, No. 45, November 7, 2024

Section 123-13-704 - Commissioner's final review on appeal

(a) Within 15 working days after each appeal is received, the appealed case shall be reviewed by the commissioner or designee. The date of receipt shall not be counted. Any one of the following actions may be taken by the commissioner or designee:

(1) Approving the decision as rendered;

(2) revoking the decision entirely;

(3) reducing the penalty;

(4) ordering a new hearing; or

(5) remanding the case for clarification of the record and resubmission to the commissioner for further consideration.

(b) The commissioner's review shall determine the following:

(1) Whether there was substantial compliance with the agency's and the facility's standards and procedures;

(2) whether the hearing officer's decision was based on material and relevant evidence; and

(3) whether, under the circumstances, the penalty imposed was appropriate and proportionate to the offense.

(c) The commissioner's decision shall be final. A copy of the commissioner's decision shall be given to the offender within 15 working days after the decision is made. If the appeal is denied, the reason for that decision shall be included in the commissioner's decision.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-13-704

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.