Kan. Admin. Regs. § 129-9-25

Current through Register Vol. 44, No. 2, January 9, 2025

Section 129-9-25 - Review of an initial order or final order

(a) Any initial order may be reviewed by the secretary by giving notice of intent to do so and identifying the issues to be reviewed. This review shall include any proposed default order that becomes effective.

(1) Any party to a state fair hearing may request a review of the initial order within 15 days of the date the presiding officer served the order upon the parties pursuant to K.S.A. 77-527, and amendments thereto. When the order is served by U.S. mail or electronic means, three days shall be added to the 15-day review request period. The initial order may be reviewed by the secretary or the state appeals committee.

(2) Upon written request, authority may be granted by the secretary or the state appeals committee for the submission of additional written briefs or arguments that would assist in their deliberations.

(3) If the parties submit new evidence during the review of the initial order, the state appeals committee shall have discretion to remand the matter to the presiding officer for consideration of the new evidence if the new evidence could not have been presented during the state fair hearing.

(4) The decision from the secretary or the state appeals committee shall be the final order.

(5) The final order of the secretary or the state appeals committee shall be effective upon service unless stated otherwise in the final order or unless a stay has been granted pursuant to K.S.A. 77-528, and amendments thereto.

(b) Any final order may be reconsidered by the secretary in accordance with K.S.A. 77-529, and amendments thereto.

(c) The record, as defined in K.S.A. 77-532 and amendments thereto, shall be the basis for the review of the initial order or final order by the secretary or the state appeals committee.

(d) This regulation shall not apply to orders concerning determinations by skilled nursing facilities and nursing facilities to transfer or discharge a resident since the secretary is not the respondent.

Kan. Admin. Regs. § 129-9-25

Authorized by and implementing K.S.A. 65-1,254 and 75-7403; adopted by Kansas Register Volume 43, No. 50; effective 12/27/2024.