Kan. Admin. Regs. § 22-26-7

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

Section 22-26-7 - Access to records and property

(a) Acceptance of a hemp processor registration shall constitute a grant of consent to allow the state fire marshal, or designee, complete, unrestricted, and immediate access to the records, premises, motor vehicles on the premises, and motor vehicles used in the transportation of hemp or distillate to determine compliance with the act and the implementing regulations. Access shall be granted at reasonable times, whether the processor is present or not, without interference or obstruction, with or without cause, and with or without advance notice.

(b) Each processor shall sign, and shall require each employee to sign, a form provided by the state fire marshal granting consent for the state fire marshal or designee to search the processor's or employee's person, personal effects, or vehicle while on the premises whenever an inventory discrepancy is detected or there is reason to believe that the processor or employee is in possession of hemp, distillate, seeds, or hemp waste for a purpose other than the activities authorized by the act.

(c) If a processor denies the state fire marshal, or designee, the access required by subsection (a), any court of competent jurisdiction may issue a search warrant authorizing access to the records, premises, or motor vehicles, upon application and showing of cause by the state fire marshal.

Kan. Admin. Regs. § 22-26-7

Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; adopted by Kansas Register Volume 40, No. 40; effective 10/22/2021.