Kan. Admin. Regs. § 47-9-1
Current through Register Vol. 43, No. 49, December 5, 2024
Section 47-9-1 - Adoption by reference(a) The following portions of the "permanent program performance standards-general provisions," 30 C.F.R. Part 810, as in effect on July 1, 2012, are hereby adopted by reference, except as specified in this subsection: (1) Responsibility, 30 C.F.R. 810.4, except that subsection (a) shall be deleted; and(2) applicability, 30 C.F.R. 810.11.(b) The following portions of the "permanent program performance standards-coal exploration," 30 C.F.R. Part 815, as in effect on July 1, 2012, are hereby adopted by reference: (1) Required documents, 30 C.F.R. 815.13; and(2) performance standards for coal exploration, 30 C.F.R. 815.15.(c) The following portions of the "permanent program standards-surface mining activities," 30 C.F.R. Part 816, as in effect on July 1, 2012, are hereby adopted by reference, except as specified in this subsection: (1) Signs and markers, 30 C.F.R. 816.11. A subsection (g) shall be added to 30 C.F.R. 816.11 that reads as follows: "Increment boundary markers. As deemed necessary by the secretary or secretary's designee to ensure the public health and safety, protect the environment, and ascertain increment boundaries, increment boundary markers shall be placed on each portion of a permit area on which a performance bond or other equivalent guarantee was or will be posted as provided by K.S.A. 49-406, and amendments thereto";(2) casing and sealing of drilled holes: general requirements, 30 C.F.R. 816.13;(3) casing and sealing of drilled holes: temporary, 30 C.F.R. 816.14;(4) casing and sealing of drilled holes: permanent, 30 C.F.R. 816.15;(5) topsoil and subsoil, 30 C.F.R. 816.22. The first paragraph of subsection (d)(1) of 30 C.F.R. 816.22 shall be replaced by the following: "Absent an approved schedule, topsoil and subsoil materials removed under paragraph (a) of this section shall be redistributed within 120 days following rough backfilling and grading in a manner that complies with the following:";
(6) hydrologic-balance protection, 30 C.F.R. 816.41;(7) hydrologic balance: water quality standards and effluent limitations, 30 C.F.R. 816.42;(8) diversions, 30 C.F.R. 816.43;(9) hydrologic balance: sediment control measures, 30 C.F.R. 816.45;(10) hydrologic balance: siltation structures, 30 C.F.R. 816.46;(11) hydrologic balance: discharge structures, 30 C.F.R. 816.47;(12) impoundments, 30 C.F.R. 816.49;(13) postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities, 30 C.F.R. 816.56;(14) hydrologic balance: activities in or adjacent to perennial or intermittent streams, 30 C.F.R. 816.57, except that in the first sentence of subsection (c), the text "comply with paragraphs (b)(10)(B)(i) and (b)(24) of section 515 of the act and the regulations implementing those provisions of the act, including" shall be replaced by the following: "conduct surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, achieve enhancement of such resources where practicable, and comply with the following:";(15) coal recovery, 30 C.F.R. 816.59;(16) use of explosives: general requirements, 30 C.F.R. 816.61, except that subsection (c)(1) shall be replaced by the following: "All blasting operations within the state shall be conducted under the direction of a Kansas-certified blaster";
(17) use of explosives: preblasting survey, 30 C.F.R. 816.62;(18) use of explosives: blasting schedule, 30 C.F.R. 816.64;(19) use of explosives: blasting signs, warnings, and access control, 30 C.F.R. 816.66;(20) use of explosives: control of adverse effects, 30 C.F.R. 816.67;(21) use of explosives: records of blasting operations, 30 C.F.R. 816.68;(22) disposal of excess spoil: general requirements, 30 C.F.R. 816.71, in (h)(3)(ii) deleting the phrase "in accordance with §816.73";(23) disposal of excess spoil: preexisting benches, 30 C.F.R. 816.74;(24) protection of underground mining, 30 C.F.R. 816.79;(25) coal mine waste: general requirements, 30 C.F.R. 816.81;(26) coal mine waste: refuse piles, 30 C.F.R. 816.83;(27) coal mine waste: impounding structures, 30 C.F.R. 816.84;(28) coal mine waste: burning and burned waste utilization, 30 C.F.R. 816.87;(29) disposal of noncoal mine wastes, 30 C.F.R. 816.89;(30) stabilization of surface areas, 30 C.F.R. 816.95;(31) protection of fish, wildlife, and related environmental values, 30 C.F.R. 816.97;(32) slides and other damage, 30 C.F.R. 816.99;(33) contemporaneous reclamation, 30 C.F.R. 816.100;(34) backfilling and grading: time and distance requirements, 30 C.F.R. 816.101. This section shall be replaced by the following text: (a)" Except as provided in paragraph (b) of this section, rough backfilling and grading for surface mining activities shall be completed according to one of the following schedules: (1)" Contour mining. Within 60 days or 1,500 linear feet following coal removal;(2)" area mining. Within 180 days following coal removal, and not more than four spoil ridges behind the active pit being worked, the spoil from the active pit constituting the first ridge; or(3)" other surface mining methods. In accordance with the schedule established by the department. (b)" The time allowed for rough backfilling and grading for the entire permit area or for a specific portion of the permit area may be extended by the department if the permittee demonstrates, in accordance with K.A.R. 47-3-42(a)(47), adopting by reference 30 CFR 780.18(b)(3), that additional time is necessary";(35) backfilling and grading: general requirements, 30 C.F.R. 816.102, deleting subsections (k)(3)(i) and (ii);(36) backfilling and grading: thin overburden, 30 C.F.R. 816.104;(37) backfilling and grading: thick overburden, 30 C.F.R. 816.105;(38) backfilling and grading: previously mined areas, 30 C.F.R. 816.106;(39) revegetation: general requirements, 30 C.F.R. 816.111;(40) revegetation: timing, 30 C.F.R. 816.113;(41) revegetation: mulching and other soil stabilizing practices, 30 C.F.R. 816.114;(42) revegetation: standards for success, 30 C.F.R. 816.116. A subsection (i) shall be added to 816.116(c)(4), and a subsection (3) shall be added to 816.116(a): (A) Subsection (c)(4)(i) shall read as follows: "(i) The regulatory authority may allow 90 days after the issuance of a notice of violation for the repair of any rills or gullies, or both, that may occur. If the rills or gullies, or both, are repaired using normal husbandry practices, approved by the department in consultation with the state conservationist or the state conservationist's designated representative and the repairs are approved by the department, the period of responsibility shall not be restarted. The normal husbandry practices used to repair gullies shall be approved in advance by the United States department of interior, office of surface mining reclamation and enforcement. If the rills or gullies, or both, are not repaired and approved within 90 days or if augmented seeding, fertilization, or irrigation was utilized to do the repairs, the regulatory authority will restart the period of liability, effective from the date the repair was completed and approved by the department."(B) Subsection (a)(3) shall read as follows: "(3) Data being used for bond release shall be submitted to the department annually. This shall include data for the last augmented seeding, which shall start the extended liability period. The following timetable for submissions shall be followed: (i)" The planting reports, including soil tests, shall be submitted by March 31 of the year following the year in which the soil tests were performed;(ii)" the production and ground cover data shall be submitted within 30 days of the date that the production and ground cover were sampled. Ground cover shall include species identification. Raw field data may be submitted at this time to fulfill this requirement. The tabulated results shall then be submitted by March 31 of the following year; and(iii)" all data shall be clearly identified as to the bond release management area that it represents.";(43) cessation of operations: temporary, 30 C.F.R. 816.131;(44) cessation of operations: permanent, 30 C.F.R. 816.132;(45) postmining land use, 30 C.F.R. 816.133, deleting subsection (d)(1) and replacing the term "Act" with "state act"; (46) roads: general, 30 C.F.R. 816.150;(47) primary roads, 30 C.F.R. 816.151;(48) utility installations, 30 C.F.R. 816.180;(49) support facilities, 30 C.F.R. 816.181; and(50) interpretative rules related to general performance standards, 30 C.F.R. 816.200. (d) The following portions of the "permanent program performance standards-underground mining activities," 30 C.F.R. Part 817, as in effect on July 1, 2012, are hereby adopted by reference, except as specified in this subsection: (1) Signs and markers, 30 C.F.R. 817.11. A subsection (g) shall be added: "(g) Increment boundary markers. Increment boundary markers shall be placed on each portion of a permit area on which a performance bond or other equivalent guarantee was or will be posted as provided by K.S.A. 49-406(h), and amendments thereto";(2) casing and sealing of exposed underground openings: general requirements, 30 C.F.R. 817.13;(3) casing and sealing of underground openings: temporary, 30 C.F.R. 817.14;(4) casing and sealing of underground openings: permanent, 30 C.F.R. 817.15;(5) topsoil and subsoil, 30 C.F.R. 817.22;(6) hydrologic-balance protection, 30 C.F.R. 817.41;(7) hydrologic balance: water quality standards and effluent limitations, 30 C.F.R. 817.42;(8) diversions, 30 C.F.R. 817.43;(9) hydrologic balance: sediment control measures, 30 C.F.R. 817.45;(10) hydrologic balance: siltation structures, 30 C.F.R. 817.46;(11) hydrologic balance: discharge structures, 30 C.F.R. 817.47;(12) impoundments, 30 C.F.R. 817.49;(13) postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities, 30 C.F.R. 817.56;(14) hydrologic balance: surface activities in or adjacent to perennial or intermittent streams, 30 C.F.R. 817.57, except that in the first sentence of subsection (c), the text "comply with paragraphs (b)(9)(B) and (b)(11) of section 516 of the act and the regulations implementing those provisions of the act, including" shall be replaced by the following: "conduct surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, achieve enhancement of such resources where practicable, and comply with the following:";(15) coal recovery, 30 C.F.R. 817.59;(16) use of explosives: general requirements, 30 C.F.R. 817.61, except that subsection (c)(1) of 30 C.F.R. 817.61 shall be replaced by the following: "All blasting operations within the state shall be conducted under the direction of a Kansas-certified blaster";
(17) use of explosives: preblasting survey, 30 C.F.R. 817.62;(18) use of explosives: general performance standards, 30 C.F.R. 817.64;(19) use of explosives: blasting signs, warnings, and access control, 30 C.F.R. 817.66;(20) use of explosives: control of adverse effects, 30 C.F.R. 817.67;(21) use of explosives: records of blasting operations, 30 C.F.R. 817.68;(22) disposal of excess spoil: general requirements, 30 C.F.R. 817.71, deleting the phrase "in accordance with §817.73";(23) disposal of excess spoil: preexisting benches, 30 C.F.R. 817.74;(24) coal mine waste: general requirements, 30 C.F.R. 817.81;(25) coal mine waste: refuse piles, 30 C.F.R. 817.83;(26) coal mine waste: impounding structures, 30 C.F.R. 817.84;(27) coal mine waste: burning and burned waste utilization, 30 C.F.R. 817.87;(28) disposal of noncoal mine wastes, 30 C.F.R. 817.89;(29) stabilization of surface areas, 30 C.F.R. 817.95;(30) protection of fish, wildlife, and related environmental values, 30 C.F.R. 817.97;(31) slides and other damage, 30 C.F.R. 817.99;(32) contemporaneous reclamation, 30 C.F.R. 817.100;(33) backfilling and grading: general requirements, 30 C.F.R. 817.102, deleting subsection (k)(1);(34) backfilling and grading: previously mined areas, 30 C.F.R. 817.106;(35) revegetation: general requirements, 30 C.F.R. 817.111;(36) revegetation: timing, 30 C.F.R. 817.113;(37) revegetation: mulching and other soil stabilizing practices, 30 C.F.R. 817.114;(38) revegetation: standards for success, 30 C.F.R. 817.116. A subsection (3) shall be added to 817.116(a). Subsection (a)(3) shall read as follows: " (3) Data being used for bond release shall be submitted to the department annually. This shall include data for the last augmented seeding, which shall start the extended liability period. The following timetable for submissions shall be followed: (i)" The planting reports, including soil tests, shall be submitted by March 31 of the year following the year in which the soil tests were performed;(ii)" The production and ground cover data shall be submitted within 30 days of the date that the production and ground cover were sampled. Ground cover shall include species identification. Raw field data may be submitted at this time to fulfill this requirement. The tabulated results shall then be submitted by March 31 of the following year; and(iii)" All data shall be clearly identified as to the bond release management area that it represents.";(39) subsidence control, 30 C.F.R. 817.121, except that 30 C.F.R. 817.121(c)(4)(i)-(iv) shall be deleted;(40) subsidence control: public notice, 30 C.F.R. 817.122;(41) cessation of operations: temporary, 30 C.F.R. 817.131;(42) cessation of operations: permanent, 30 C.F.R. 817.132;(43) postmining land use, 30 C.F.R. 817.133, deleting subsection (d)(1) and replacing the term "Act" with "state act";(44) roads: general, 30 C.F.R. 817.150;(45) primary roads, 30 C.F.R. 817.151;(46) utility installations, 30 C.F.R. 817.180;(47) support facilities, 30 C.F.R. 817.181; and(48) interpretative rules related to general performance standards, 30 C.F.R. 817.200. The phrase "Office of Surface Mining Reclamation and Enforcement" shall be replaced by "Kansas department of health and environment."(e) The following portions of the "special permanent program performance standards-auger mining," 30 C.F.R. Part 819, as in effect on July 1, 2012, are hereby adopted by reference: (1) Auger mining: general, 30 C.F.R. 819.11;(2) auger mining: coal recovery, 30 C.F.R. 819.13;(3) auger mining: hydrologic balance, 30 C.F.R. 819.15;(4) auger mining: subsidence protection, 30 C.F.R. 819.17;(5) auger mining: backfilling and grading, 30 C.F.R. 819.19; and(6) auger mining: protection of underground mining, 30 C.F.R. 819.21.(f) The following portions of the "special permanent program performance standards-operations on prime farmland," 30 C.F.R. Part 823, as in effect on July 1, 2012, are hereby adopted by reference, except as specified in this subsection: (1) Responsibilities, 30 C.F.R. 823.4;(2) applicability, 30 C.F.R. 823.11, deleting subsection(a);(3) soil removal and stockpiling, 30 C.F.R. 823.12;(4) soil replacement, 30 C.F.R. 823.14; and(5) revegetation and restoration of soil productivity, 30 C.F.R. 823.15.(g) The following portions of the "permanent program performance standards-coal preparation plants not located within the permit area of a mine," 30 C.F.R. Part 827, as in effect on July 1, 2012, are hereby adopted by reference: (1) General requirements, 30 C.F.R. 827.11;(2) coal preparation plants: performance standards, 30 C.F.R. 827.12; and(3) coal preparation plants: interim performance standards, 30 C.F.R. 827.13.(h) The following portions of the "special permanent program performance standards-in situ processing," 30 C.F.R. Part 828, as in effect on July 1, 2012, are hereby adopted by reference: (1) In situ processing: performance standards, 30 C.F.R. 828.11; and(2) in situ processing: monitoring, 30 C.F.R. 828.12.(i) The following phrases and citations shall be replaced with the phrases and citations specified in this subsection wherever the phrases and citations appear in the text of the federal regulations adopted by reference in this regulation: (1)(A) "Director" shall be replaced by "secretary."(B) "Every state program," "every regulatory program," and "the applicable regulatory program" shall be replaced by "the regulatory program."(C) "Subchapter B of this chapter" shall be replaced by " K.A.R. 47-9-4."(D) "Subchapter J of this chapter" shall be replaced by "article 8 of these regulations."(E) "This chapter," "subchapter," and "this section" shall be replaced by "these regulations."(F) "This part" shall be replaced by " K.A.R. 47-9-1."(G) "This title" shall be replaced by "the 30 CFR."(2)(A) "Part 815" shall be replaced by " K.A.R. 47-9-1(b)."(B) "Part 816 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)."(C) "Part 816 or part 817" shall be replaced by " K.A.R. 47-9-1(c) or (d)."(D) "Part 817," "part 817 of this chapter," and " 30 CFR 817 " shall be replaced by " K.A.R. 47-9-1(d)." (E) "Part 823 of this chapter" shall be replaced by " K.A.R. 47-9-1(f)."(F) "Parts 816 and 817" shall be replaced by " K.A.R. 47-9-1(c) and (d)."(G) "Parts 818 through 828" shall be replaced by " K.A.R. 47-9-1(e) through (h)." (H) "Section 816.150" shall be replaced by " K.A.R. 47-9-1(c)(46)."(I) "Sections 817.61-817.68" shall be replaced by " K.A.R. 47-9-1(d)(16)-(21)."(3)(A) "30 CFR part 773 and 775" shall be replaced by " K.A.R. 47-3-42(a)(2) through (20), and K.S.A. 49-407(d), 49-416a, 49-422a, and amendments thereto, and article 4 of these regulations."(B) " 30 CFR 784.15(a)(2) " shall be replaced by " K.A.R. 47-10-1(a)(2)(F)."(C) " 30 CFR 785.22 " shall be replaced by " K.A.R. 47-3-42(a)(65)."(D) " 30 CFR 817.133," "§817.133," and " 30 CFR 817.133(a)" shall be replaced by " K.A.R. 47-9-1(d)(43)."(4)(A) "§701.5 of this chapter" shall be replaced by " K.A.R. 47-2-75(b)."(B) "§732.17 of this chapter" shall be replaced by " 30 C.F.R. 732.17."(C) "§773.6(d) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(2)."(D) "§773.15(m) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(11)."(E) "§774.13 of this chapter" and " 30 CFR 774.13 " shall be replaced by " K.A.R. 47-6-2."(F) "§780.13 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(43)."(G) "§780.21(h) of this chapter," "§780.21(i) of this chapter," and "§780.21(j) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(48)."(H) "§780.25 of this chapter," "§780.25(a) of this chapter," and "§780.25(c)(3)" shall be replaced by " K.A.R. 47-3-42(a)(51)."(I) "§780.28(d) of this chapter or §816.43(b)(1) of this part" shall be replaced by " K.A.R. 47-3-42(a)(53) or K.A.R. 47-9-1(c)(8)."(J) "§780.28(e) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(53)."(K) "§780.35(c) of this chapter" shall be replaced by " K.A.R. 47-3-42(c)(57)."(L) "§780.37(c) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(58)."(M) "§784.14(g) of this chapter," "§784.14(h) of this chapter," and "§784.14(i) of this chapter" shall be replaced by " K.A.R. 47-10-1(a)(2)(E)."(N) "§784.16(a) of this chapter" and "§784.16(c)(3)" shall be replaced by " K.A.R. 47-10-1(a)(2)(G)."(O) "§784.19 of this chapter" shall be replaced by " K.A.R. 47-10-1(a)(2)(J)."(P) "§784.20 of this chapter" and "§784.20(a) of this chapter" shall be replaced by " K.A.R. 47-10-1(a)(2)(K)."(Q) "§784.24(c)" shall be replaced by " K.A.R. 47-10-1(a)(2)(O)."(R) "§784.25 of this chapter" shall be replaced by " K.A.R. 47-10-1(a)(2)(P)."(S) "§784.28(d) of this chapter and §817.43(b)(1) of this part" shall be replaced by " K.A.R. 47-10-1(a)(2)(R) and K.A.R. 47-9-1(d)(8)."(T) "§784.28(e) of this chapter" shall be replaced by " K.A.R. 47-10-1(a)(2)(R)."(U) "§785.17 and subchapter J of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(61) and article 8 of these regulations."(V) "§785.17(a) of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(61)."(W) "§785.18 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(62)."(X) "§785.21 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(64)."(Y) "§800.40(c)(2) of this chapter" shall be replaced by " K.A.R. 4789(a)(13)."(Z) "§816.11" and "§816.11 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(1)."(AA) "§816.13" shall be replaced by " K.A.R. 47-9-1(c)(2)."(BB) "§816.22," "§816.22 of this chapter," "§816.22 of this part," "§816.22(b) of this part," "§816.22(e)," " 30 CFR 816.22(e)(1)(i)," and " 30 CFR 816.22(e)(1)(ii) " shall be replaced by " K.A.R. 47-9-1(c)(5)."(CC) "§816.22 or §817.22 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(5) or K.A.R. 47-9-1(d)(5)."(DD) "§816.41 of this part," "§816.41," "§§816.41(d) (1) of this part," and "§816.41(i)" shall be replaced by " K.A.R. 47-9-1(c)(6)."(EE) "§§816.41(b), 816.41(f), and 816.102(e) of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(6) and (35)."(FF) "§816.42" shall be replaced by " K.A.R. 47-9-1(c)(7)."(GG) "§816.43 of this chapter," "§816.43(b) of this part," and "816.43" shall be replaced by " K.A.R. 47-9-1(c) ((8)."(HH) "§816.45 through 816.47 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(9) through (11)."(II) "§816.45(a) of this part" and "§816.45(a)" shall be replaced by " K.A.R. 47-9-1(c)(9)."(JJ) "§816.46" shall be replaced by " K.A.R. 47-9-1(c)(10)."(KK) "§816.49 of this chapter," "§816.49(b) of this part," and "§816.49(a)(9)" shall be replaced by " K.A.R. 47-9-1(c)(12)."(LL) "§816.56 of this part" shall be replaced by " K.A.R. 47-9-1(c)(13)."(MM) "§816.59 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(15)."(NN) "§816.64" shall be replaced by " K.A.R. 47-9-1(c)(18)."(OO) "§816.66(c)" shall be replaced by " K.A.R. 47-9-1(c)(19)."(PP) "§816.67" and "§816.67(e)" shall be replaced by " K.A.R. 47-9-1(c)(20)."(QQ) "§816.68(p)" shall be replaced by " K.A.R. 47-9-1(c)(21)."(RR) "§816.71," "§816.71 of this part," and "§816.71(f) (3)" shall be replaced by " K.A.R. 47-9-1(c)(22)."(SS) "§816.79 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(24)."(TT) "§816.81" shall be replaced by " K.A.R. 47-9-1(c)(25)." (UU) "§816.83" shall be replaced by " K.A.R. 47-9-1(c)(26)."(VV) "§816.84 of this chapter" and "§816.84" shall be replaced by " K.A.R. 47-9-1(c)(27)."(WW) "§816.95 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(30)."(XX) "§816.97 of this chapter," "§816.97(a) of this part," and "§816.97(f) of this part" shall be replaced by " K.A.R. 47-9-1(c)(31)."(YY) "§816.102," "§§816.102(c), (e) through (h), and (j)," "§§816.102(a)(2) through (j) of this part," and "§816.102(a) (1) and (2)" shall be replaced by " K.A.R. 47-9-1(c)(35)."(ZZ) "§816.104" shall be replaced by " K.A.R. 47-9-1(c) (36)."(AAA) "§816.105" shall be replaced by " K.A.R. 47-9-1(c)(37)."(BBB) "§816.106" shall be replaced by " K.A.R. 47-9-1(c)(38)."(CCC) "§816.111" and "§816.111(b)" shall be replaced by " K.A.R. 47-9-1(c)(39)."(DDD) "§816.181 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(49)."(EEE) "§817.11" shall be replaced by " K.A.R. 47-9-1(d)(1)."(FFF) "§817.13" shall be replaced by " K.A.R. 47-9-1(d)(2)."(GGG) "§817.22," "§817.22 of this chapter," "§817.22 of this part," and "§817.22(b) of this part" shall be replaced by " K.A.R. 47-9-1(d)(5)."(HHH) "§817.41 of this part," "§817.41," "§817.41(d) (1) of this part," "§817.41(h)," and "§817.41(j)" shall be replaced by " K.A.R. 47-9-1(d)(6)."((III) "§817.42" shall be replaced by " K.A.R. 47-9-1(d)(7)."(JJJ) "§817.43" and "§817.43(b) of this part" shall be replaced by " K.A.R. 47-9-1(d)(8)."(KKK) "§817.45(a) of this part" shall be replaced by " K.A.R. 47-9-1(d)(9)."(LLL) "§817.46" shall be replaced by " K.A.R. 47-9-1(d)(10)."(MMM) "§817.49 of this chapter," "§817.49(a)(9)," "§817.49(b) of this part," and "§817.49(a) and (c)" shall be replaced by " K.A.R. 47-9-1(d)(12)."(NNN) "§817.56 of this part" shall be replaced by " K.A.R. 47-9-1(d)(13)."(OOO) "§817.64(a)" shall be replaced by " K.A.R. 47-9-1(d)(18)."(PPP) "§817.66(c)" shall be replaced by " K.A.R. 47-9-1(d)(19)."(QQQ) "§817.67" and "§817.67(e)" shall be replaced by " K.A.R. 47-9-1(d)(20)."(RRR) "§817.68(p)" shall be replaced by " K.A.R. 47-9-1(d)(21)."(SSS) "§817.71," "paragraphs (a) and (f) of §817.71 of this part," and "§817.71(f)(3)" shall be replaced by " K.A.R. 47-9-1(d)(22)."(TTT) "§817.81" shall be replaced by " K.A.R. 47-9-1(d)(24)."(UUU) "§817.83" shall be replaced by " K.A.R. 47-9-1(d)(25)."(VVV) "§817.84 of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(26)."(WWW) "§817.97(a) of this part" and "§817.97(f) of this part" shall be replaced by " K.A.R. 47-9-1(d)(30)."(XXX) "§817.102," "§817.102(c), (e) through (h), and (j)," and "§817.102(a)(1) and (2)" shall be replaced by " K.A.R. 47-9-1(d)(33)."(YYY) "§817.106" shall be replaced by " K.A.R. 47-9-1(d)(34)."(ZZZ) "§817.111" and "§817.111(b)" shall be replaced by " K.A.R. 47-9-1(d)(35)."(AAAA) "§817.116" shall be replaced by " K.A.R. 47-9-1(d)(38)."(BBBB) "§817.121(a) and (c) of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(39)."(CCCC) "§817.150" shall be replaced by " K.A.R. 47-9-1(d)(44)."(DDDD) "§823.12(c)(2)" and "§823.12(c)(1)" shall be replaced by " K.A.R. 47-9-1(f)(3)."(EEEE) "§823.14(b)" shall be replaced by " K.A.R. 47-9-1(f)(4)."(FFFF) "§827.12" shall be replaced by " K.A.R. 47-9-1(g)(2)."(GGGG) "§827.13 of this part" shall be replaced by " K.A.R. 47-9-1(g)(3)."(HHHH) "§§773.17(e) and 784.14(g) of this chapter" shall be replaced by " K.A.R. 47-6-6(a) and K.A.R. 47-10-1(a)(2)(E)."(IIII) "§§773.17(e) and 780.21(h) of this chapter" shall be replaced by " K.A.R. 47-6-6(a) and K.A.R. 47-3-42(a)(48)."(JJJJ) "§§780.21 and 780.22 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(48) and (49)."(KKKK) "§§780.21 and 784.14 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(48) and K.A.R. 47-10-1(a) (2)(E)."(LLLL) "§§780.21 and 784.22 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(48) and K.A.R. 47-10-1(a)(2)(M)."(MMMM) "§§780.28 and 816.57 of this chapter" shall be replaced by " K.A.R. 47-3-42(a)(53) and K.A.R. 47-9-1(c)(14)."(NNNN) "§§784.28 and 817.57 of this chapter" shall be replaced by " K.A.R. 47-10-1(a)(2)(R) and K.A.R. 47-9-1(d) (14)."(OOOO) "§§816.13 through 816.15 of this chapter" and "§§816.13 to 816.15" shall be replaced by " K.A.R. 47-9-1(c)(2) through (4)."(PPPP) "§§816.22, 816.100, 816.102, 816.104, 816.106, 816.111, 816.113, 816.114, 816.116, and 816.133 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(5), (33), (35), (36), (38), (39), (40), (41), (42), and ( 45) ."(QQQQ) "§§816.22 and 816.111 through 816.116 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(5) and (39) through (42)."(RRRR) "§§816.41 and 816.42 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(6) and (7)."(SSSS) "§§816.41 through 816.43 and 816.57 of this chapter" and "§816.41 through 816.43 and 816.57 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(6) through (8) and (14)."(TTTT) "§§816.41 through 816.49 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(6) through (12)."(UUUU) "§§816.49 and 816.56" and "§§816.49 and 816.56 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(12) and (13)."(VVVV) "§§816.71 through 816.74," "§§816.71 through 816.74 of this part," and "§§816.71- 816.74 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(22) through (23)."(WWWW) "§§816.81 and 816.83" shall be replaced by " K.A.R. 47-9-1(c)(25) and (26)."(XXXX) "§§816.81, 816.83, 816.84, 816.87, 816.89, and 816.71 through 816.74 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(22), (23), (25), (26), (27), (28), and ( 29) ."(YYYY) "§§816.81(a), 816.83(a), and 816.84 of this part" shall be replaced by " K.A.R. 47-9-1(c)(25), (26), and ( 27) ."(ZZZZ) "§§816.102 and 816.104 through 816.106 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(35) and (36) through (38)."(AAAAA) "§§816.102 through 816.107 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(35) through (38)."(BBBBB) "§§816.111, 816.113, 816.114, and 816.116 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(39), (40), (41), and ( 42) ."(CCCCC) "§§816.111 through 816.116 of this chapter" and "§§816.111 through 816.116" shall be replaced by " K.A.R. 47-9-1(c)(39) through (42)."(DDDDD) "§§816.131 and 816.132 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(43) and (44)."(EEEEE) "§§816.150 and 816.151 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(46) and (47)."(FFFFF) "§§816.150, 816.151, and 816.181 of this part" shall be replaced by " K.A.R. 47-9-1(c)(46), (47), and ( 49) ."(GGGGG) "§§816.150(b) through (f), 816.180, and 816.181 of this chapter" shall be replaced by " K.A.R. 47-9-1(c)(46), (48), and ( 49) ."(HHHHH) "§§817.13 and 817.15" shall be replaced by " K.A.R. 47-9-1(d)(2) and (4)."(IIIII) "§§817.13 to 817.15" shall be replaced by " K.A.R. 47-9-1(d)(2) to (4)."(JJJJJ) "§§817.22 and 817.111 through 817.116 of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(5) and (35) through (38)."(KKKKK) "§§817.41 through 817.43 and 817.57 of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(6) through (8) and (14)."(LLLLL) "§§817.49 and 817.56" shall be replaced by " K.A.R. 47-9-1(d)(12) and (13)."(MMMMM) "§§817.71 through 817.74" and "§§817.71 through 817.74 of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(22) and (23)."(NNNNN) "§§817.81 and 817.83" shall be replaced by " K.A.R. 47-9-1(d)(24) and (25)."(OOOOO) "§§817.81(a), 817.83(a), and 817.84 of this part" shall be replaced by " K.A.R. 47-9-1(d)(24), (25), and ( 26) ."(PPPPP) "§§817.102 through 817.107 of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(33) and (34)."(QQQQQ) "§§817.111, 817.113, 817.114, and 817.116 of this chapter" shall be replaced by " K.A.R. 47-9-1(d)(35), (36) , (37), and ( 38) ."(RRRRR) "§§817.111 through 817.116 of this chapter" and "§§817.111 through 817.116" shall be replaced by " K.A.R. 47-9-1(d)(35) through (38)."(SSSSS) "§§817.150, 817.151, and 817.181 of this part" shall be replaced by " K.A.R. 47-9-1(d)(44), (45), and ( 47) ."Kan. Admin. Regs. § 47-9-1
Authorized by K.S.A. 49-405; implementing K.S.A. 49405, K.S.A. 2018 Supp. 49-408, and K.S.A. 49-409, 49-411, 49-413, 49-415, and 49-429; effective May 1, 1980; amended, E-81-30, Oct. 8, 1980; amended May 1, 1981; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988; amended Feb. 11, 1991; amended May 2, 1997; amended July 31, 1998; amended Dec. 1, 2006; amended by Kansas Register Volume 38, No. 05; effective 2/15/2019.