Kan. Admin. Regs. § 19-6-1

Current through Register Vol. 43, No. 49, December 5, 2024

Section 19-6-1 - Nondisclosure and public record

(a)

(1) Except as otherwise provided by relevant law and as provided in K.A.R. 19-5-5, the following shall be confidential:

(A) All records, complaints, and documents of the commission and all reports filed with, submitted to, or made by the commission; and

(B) all records and transcripts of investigations, inquiries, and hearings of the commission under K.S.A. 46-215 et seq. and K.S.A. 25-4142 et seq. and amendments thereto.

(2) The items specified in this subsection shall not be open to inspection by any individual other than a member of the commission, an employee of the commission, or a state officer or employee designated to assist the commission.

(b) Nothing contained in this regulation shall prohibit any disclosure that is reasonable and necessary to investigate any matter. The following shall be public records and open to public inspection:

(1) Each complaint and any amendments after a determination that probable cause exists;

(2) each answer and any amendments with the consent of the respondent;

(3) any matter presented at a public meeting or public hearing; and

(4) each report of the commission stating a final finding of fact.

(c) Any person subject to an investigation and any respondent may release any report or order issued pursuant to K.A.R. 19-3-1 or K.A.R. 19-5-9 and may comment on the report or order. The confidentiality requirements of relevant law shall be met by all members of the commission and its staff.

Kan. Admin. Regs. § 19-6-1

Authorized by K.S.A. 2008 Supp. 25-4119a, K.S.A. 46-253; implementing K.S.A. 25-4161, 25-4165, 46-256, and 46-259; effective, E-76-52, Oct. 24, 1975; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980; amended Feb. 12, 2010.