Kan. Admin. Regs. § 36-1-30 - Cancellation of permit, hearing
(a) Whenever
the secretary cancels an annual SVC permit, the applicant/owner shall be
notified by certified mail, return receipt requested, at the address on the
application, of the following:
(1) the right
to a hearing;
(2) the right to be
represented by counsel of the applicant's own choosing at the hearing;
(3) that a written request for a
hearing must be filed with the secretary within 15 days of the date of mailing
of the order of cancellation to the applicant/owner; and
(4) that the timely filing of the request
shall suspend the operation of the order of cancellation pending a hearing.
(b) After receipt by
KDOT of a request for a hearing, the applicant/owner of the SVC and any person
who has made a complaint as to the operation of the SVC shall be given not less
than 10 days written notice by the secretary of the time and place of hearing
by registered or certified mail, return receipt requested, provided an address
is available. If available, the letter will be addressed to the persons at
their last known address, as shown by the files of the secretary.
(c) The owner of the SVC and other interested
parties may appear at the hearing in person or by counsel and present their
reasons for and against cancellation of the permit. Corporations may be
represented by an officer or other agent or by an attorney duly authorized to
practice law in Kansas.
(d) At the
conclusion of the hearing, the order cancelling the annual SVC permit shall be
affirmed, vacated or taken under advisement and a final ruling will be issued
within 10 days.
(1) If the order is vacated,
the permit shall be reinstated and the SVC allowed to operate.
(2) If the order is affirmed, the
applicant/owner may not apply for a new annual SVC permit for a period of one
year from the date of the final ruling.
(e) If a hearing is not requested, the
applicant/owner may not apply for a new annual SVC permit for a period of one
year from the date of the original order of cancellation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.