Kan. Admin. Regs. § 112-114-14 - Appeals of disciplinary review board hearings
(a) Each order entered by the disciplinary
review board that imposes suspension or revocation, or any other sanction shall
be subject to appeal to the commission.
(b) Each party who wishes to appeal a
disciplinary review board order shall file a notice of appeal and brief on
forms provided by the commission during regular office hours within 11 days
after service of the order from which the party is appealing. If an order is
served by mail, the party shall have 14 days within which to file a notice of
appeal and brief.
(c) Each notice
of appeal and brief shall be completed by the appealing party upon the form
available in the commission's licensing office at the gaming facility. Each
notice of appeal and brief shall fully state the basis for appeal and identify
the issues upon which the party seeks administrative review. Incomplete forms
shall not be accepted by commission personnel.
(d) A notice of appeal and brief shall
constitute the appealing party's written brief. An opposing party shall be
afforded an opportunity to file a brief in response to the appealing party's
brief within 14 days following the filing of the appealing party's
brief.
(e) Each notice of appeal
form shall include a statement that, in reviewing any disciplinary review
board's order, the following provisions shall apply:
(1) De novo review may be exercised by the
commission, one or more commissioners designated by the commission, or a
presiding officer designated by the commission.
(2) The disciplinary review board's order may
be affirmed, reversed, remanded for further hearing, or modified by the
commission, one or more commissioners designated by the commission, or a
presiding officer designated by the commission. A new hearing may also be
conducted by the commission, one or more commissioners designated by the
commission, or a presiding officer designated by the commission. An occupation
license may be suspended or revoked for each violation of the act or these
regulations, or both.
(f) Any respondent may be deemed to have
timely filed a notice of appeal pursuant to subsection (b) if, after service of
the disciplinary review board's order, the respondent performs the following:
(1) Within the appeal time described in
subsection (b) of this regulation, files a writing that states an intention to
appeal the order and that includes substantially the same information requested
in the appeal form available in the commission's licensing office at the gaming
facility; and
(2) within a period
of time authorized by the disciplinary review board, fully executes and files
in the commission's licensing office at the gaming facility the appeal form
available in that office.
Notes
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