Kan. Admin. Regs. § 133-1-2

Current through Register Vol. 43, No. 40, October 3, 2024

Section 133-1-2 - Assignment of administrative law judges

(a) Any state agency head or a designee may request that the director assign an administrative law judge to act as the presiding officer in an administrative hearing that is neither subject to KAPA nor listed in K.S.A. 77-551, and amendments thereto, and for which the agency head is responsible. The request may be made in writing, by telephone, or by electronic transmission.

(b)

(1) Upon receiving a request for assignment of an administrative law judge, an administrative law judge of OAH shall be assigned by the director, unless the director determines either of the following:

(A) The existing caseloads of the administrative law judges would prevent OAH from providing a timely hearing.

(B) There is a conflict that would subject the administrative law judges to disqualification.

(2) In making each assignment, the relative experience, caseloads, and expertise of the OAH administrative law judges, as well as potential conflicts, time frames, and other relevant resources and factors, may be considered by the director.

(c) After the assignment of an administrative law judge, the requesting state agency shall forward to the director written documentation of the basis for the administrative hearing, which may include any of the following materials:

(1) A request for an administrative hearing;

(2) a petition for a hearing from a party to the state agency proceedings;

(3) the order that is the subject of the request for a hearing; or

(4) any other documentation of the event or action that forms the basis for the administrative hearing under applicable law.

Kan. Admin. Regs. § 133-1-2

Authorized by and implementing K.S.A. 2016 Supp. 75-37,121 and 77-562; effective adopted by Kansas Register Volume 36, No.1; effective 1/20/2017.