Kan. Admin. Regs. § 4-34-9 - State educational institution research license
(a) Each state educational institution
wanting to allow individuals to conduct research pursuant to the pilot program
shall authorize this participation and shall be directly responsible for any
volunteer, student, employee, or research and extension employee conducting the
research.
(b) Each volunteer,
student, employee, or research and extension employee of a state educational
institution that wants to conduct research pursuant to the pilot program shall
submit a completed, accurate, and legible research license application for a
state educational institution research license. Each research license
application shall designate the individual wanting to be a primary licensee and
list all proposed licensees. Each research license application shall include a
research proposal and the required state and national criminal history record
check.
No application fees or license fees shall be assessed to any individuals wanting a state educational institution research license. However, the costs associated with fingerprinting and the state and national criminal history record check shall be the responsibility of any individual wanting a state educational institution research license.
(c) Volunteers, students, employees, and
research and extension employees of a state educational institution shall not
apply for a license or conduct research without first obtaining written
approval from the head of any applicable department stating that the individual
wanting to be a primary licensee and the proposed licensees are part of a
sanctioned state educational institution research proposal, which shall be
submitted with the research license application. Each individual wanting to be
the primary licensee on a state educational institution research license shall
apply for and obtain that license before conducting research or having
industrial hemp plants, plant parts, grain, or seeds at any location in
Kansas.
(d) Each individual wanting
to be the primary licensee on a state educational institution research license
shall identify the following on the research license application:
(1) Each owner of all land, structures, and
buildings where any proposed research will be conducted;
(2) each owner of any motor vehicle that will
be used to distribute or transport industrial hemp plants, plant parts, grain,
or seeds;
(3) each individual that
will own 10 percent or more of the industrial hemp plants, plant parts, grain,
or seeds being cultivated, planted, or grown;
(4) each individual that will otherwise be
involved in the research proposal, including volunteers, students, employees,
research and extension employees, and any other individuals that will be
engaged in the purchasing, researching, cultivating, planting, growing,
handling, harvesting, conditioning, storing, distributing, transporting,
processing, studying, analyzing, or selling of industrial hemp plants, plant
parts, grain, or seeds; and
(5) all
individuals that will have access to any proposed research area.
(e) Any state educational
institution licensee may cultivate, plant, grow, handle, harvest, condition,
store, distribute, transport, or process industrial hemp plants, plant parts,
grain, or seeds pursuant to the license.
(f)
(1) The
requirements for research license applications specified in K.A.R. 4-34-4(b)
through (f) and the requirements for the state and national criminal history
record check specified in K.A.R. 4-34-3 shall apply to state educational
institution licensees. Each state educational institution licensee shall comply
with the requirements of K.A.R. 4-34-5, the requirements for a research grower
license pursuant to K.A.R. 4-34-6, the requirements for a research distributor
license pursuant to K.A.R. 4-347, and the requirements for a research processor
license pursuant to K.A.R. 4-34-8, except that a state educational institution
licensee shall not be required to pay any application fees, license fees,
modification fees, sampling fees, or testing fees.
(2) Any individual wanting to be primary
licensee on a state educational institution license may include a location on
the individual's research license application that has previously been approved
by the department as a research area in the same license year.
(3) A state educational institutional
licensee shall be prohibited from the following:
(A) Storing or distributing industrial hemp
plants, plant parts, grain, or seeds cultivated or grown under another's
license, except with the secretary's written permission; and
(B) operating a mobile processing
facility.
(g) A
state educational institution licensee shall not conduct research as part of
the pilot program on any research area not owned by the state educational
institution. A state educational institution licensee shall not enter into any
agreement or otherwise subcontract with an individual or business entity to
permit the licensee to conduct research on any land, structures, or buildings
not owned by the state educational institution.
(h) A primary licensee on a state educational
institution license shall not permit any individual to participate in the pilot
program pursuant to the primary licensee's research license application or
otherwise have access to the licensee's research area, industrial hemp plants,
plant parts, grain, or seeds if that individual's license was revoked by the
department or that individual was denied admission to participate in the pilot
program.
(i) Any individual wanting
to be a primary licensee on a state educational institution licensee may
request that the department authorize the licensee to interplant industrial
hemp plants, plant parts, grain, or seeds with other crops in a research
area.
(j) Each state educational
institution licensee that is no longer affiliated with the state educational
institution shall notify the department and withdraw from the pilot program
pursuant to K.A.R. 4-34-16.
Notes
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