Kan. Admin. Regs. § 21-40-1
Current through Register Vol. 43, No. 50, December 12, 2024
Section 21-40-1 - DefinitionsIncorporated by reference are the definitions of K.S.A. 44-1002. In addition, the following words and terms shall have the following meaning:
(a) "Acting executive director" means the person appointed by the commission to perform the functions, powers and duties of the executive director, or the person appointed to perform the functions, powers and duties of the executive director per rule K.A.R. 21-40-6. (b) "Adjudication" means any order, decree, decision, determination or ruling affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made. (c) "Attorney" means any licensed attorney currently admitted to practice before the supreme court of the state of Kansas or any attorney at law authorized to enter his appearance per rule K.A.R. 21-40-13. (d) "Chairman" shall mean the chairman of the commission on civil rights duly designated by the governor pursuant to K.S.A. 44-1003, or, in the event of his absence, the acting chairman designated by the remaining members of the com-mission. (e) "Commission" means the commission on civil rights created and amended by the Kansas act against discrimination, or as the context indicates, any member thereof. (f) "Commissioner" shall mean one of the duly appointed members of the commission on civil rights. (g) "Commission's attorney" shall mean an attorney designated to assist the commission to carry out the provisions of this act subject to approval by the attorney general. (h) "Complainant" shall mean any person filing a complaint with the commission. (i) "Complaint" shall mean a written statement made under oath and filed with the commission alleging any violation of any statutory or other authority, orders, rules or regulations over which the commission may have jurisdiction or which the commission may enforce. (j) "Discrimination" means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or any other differentiation or preference in the treatment of a person or persons on account of race, religion, color, sex, physical handicap, national origin or ancestry, and/or any denial of any right, privilege, or immunity, secured or protected by the constitution or laws of Kansas or the United States. Discrimination shall include but not be limited to any practice which produces a demonstrable racial or ethnic effect without a valid business motive. (k) "Executive director" means the executive director employed by the commission. (l) "Formal record" means all the filings and submittals in a matter or proceeding, any notice or agency order initiating the matter or proceeding, and if a hearing is held, the following: the designation of the presiding officer, transcript of hearing, all exhibits received in evidence, all exhibits offered but not received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, references to the commission, and determinations made by the commission thereon, certifications to the commission, and anything else upon which action of the presiding officer or the agency head may be based; but not including any proposed testimony or exhibits not offered or received in evidence. (m) "Hearing commissioners" shall mean the commissioners designated by the chairman to conduct a pre-hearing, hearing, rehearing, reopen a hearing, or to proceed with any matter before the commission. (n) "Interveners" means persons intervening or petitioning to intervene when admitted as a participant to a proceeding. Admission as an intervener shall not be construed as recognition by the commission that such intervener has a direct interest in the proceeding or might be aggrieved by any order of the commission in such proceed-ing. (o) "Investigating commissioner" shall mean the commissioner duly designated by the commission to make investigation of a verified complaint filed with this commission, or to conduct any investigation initiated by the commission without the filing of a verified complaint. (p) "Issue" means to prescribe or promulgate. (q) "Matter or proceeding" means the elucidation of the relevant facts and applicable law, consideration thereof, and action thereupon by the commission with respect to a particular subject by the commission, initiated by a filing or submittal or commission notice or order. (r) "Party" means the complainant, the respondent, and any other person authorized by the commission to intervene in any proceeding. (s) "Petitioners" means persons seeking relief, not otherwise designated in this section. (t) "Pleading" means any application, complaint, petition, answer, protest, reply or other similar document filed in an adjudicatory pro-ceeding. (u) "Presiding officer" means any member of the commission, or one or more hearing examiners appointed according to law and duly designated to preside at hearings or conferences, or other officers duly designated to conduct specified classes of proceedings. (v) "Probable cause" means the presence of a reasonable ground for belief in the existence of the alleged facts of a violation of any statutory or other authority, orders, rules or regulations over which the commission may have jurisdiction or which the commission may enforce. (w) "Proposed report" means the written statement of the issues, the facts, and the findings that a hearing examiner or other subordinate officer proposes the commission should make, with the reasons therefor, whether or not including a recommended order. (x) "Respondent" shall mean any person against whom a complaint has been filed alleging an unlawful employment practice or unlawful discriminatory practice within the meaning of this act. (y) "Segregation" shall include but not be limited to any practice which results in any discriminatory grouping. (z) "Submittal" means any document filed in a nonadversary proceeding. Kan. Admin. Regs. § 21-40-1
Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975.