Kan. Admin. Regs. § 112-11-12 - Search and seizure

Current through Register Vol. 41, No. 14, April 7, 2022

(a) Each applicant who secures an occupation license shall be deemed to consent, as a condition of the license, to a search without warrant, by the commission's security personnel or by the agents of the Kansas bureau of investigation, of:
(1) The licensee's person while the licensee is within the race track facility; and
(2) the licensee's personal property or work area that is within the race track facility.
(b) Each applicant who secures a concessionaire license shall be deemed to consent, as a condition of the license, to the conduct of a search without warrant of the licensee's work area and personal property and the persons of its owners, officers and employees by the commission's security personnel or by the agents of the Kansas bureau of investigation while the licensee is engaged in business within the race track facility.
(c) Each occupation licensee's or concessionaire licensee's consent to a search shall apply only to the commission's security personnel or agents of the Kansas bureau of investigation investigating possible criminal violations of the Kansas racing act or these racing regulations.
(d) Each agency conducting a search without warrant in compliance with this regulation shall provide the licensee searched with a post-search written notice and receipt of:
(1) Date and time of search;
(2) places and items searched; and
(3) items seized.
(e) When an agency, in compliance with this regulation, is to search an area containing racing animals, the agency shall, to the extent permitted by the circumstances, provide notice to the person responsible for the area so that this person can observe the search.

Notes

Kan. Admin. Regs. § 112-11-12
Authorized by and implementing K.S.A. 1988 Supp. 74-8804, 74-8816, 74-8817; effective, T-112-2-23-89, Feb. 23, 1989; effective June 19, 1989; amended March 19, 1990.

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