Kan. Admin. Regs. § 21-70-15 - Undue burden: definition and determination
(a)
"Undue burden" means significant difficulty or expense.
(b) In determining whether an action would
result in an undue burden, factors to be considered shall include:
(1) the nature and cost of the action needed
under the act;
(2) the overall
financial resources of the site or sites involved in the action considering:
(A) the number of persons employed at the
site;
(B) the effect on expenses
and resources;
(C) legitimate
safety requirements that are necessary for safe operation, including crime
prevention measures; and
(D) how
the action would otherwise impact the operation of the site; and
(3) whether the site or sites in
question have a parent corporation or entity, and if so:
(A) the geographic separateness, and the
administrative or fiscal relationship of the site or sites in question to the
parent corporation or entity;
(B)
the overall financial resources of any parent corporation or entity;
(C) the overall size of the parent
corporation or entity with respect to the number of its employees;
(D) the number, type, and location of the
parent corporation's or entity's facilities; and
(E) the type of operation or operations of
any parent corporation, including the composition, structure, and functions of
its workforce.
Notes
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