Kan. Admin. Regs. § 129-9-25 - Review of an initial order or final order
(a) Any initial order may be reviewed by the
secretary by giving notice of intent to do so and identifying the issues to be
reviewed. This review shall include any proposed default order that becomes
effective.
(1) Any party to a state fair
hearing may request a review of the initial order within 15 days of the date
the presiding officer served the order upon the parties pursuant to
K.S.A.
77-527, and amendments thereto. When the
order is served by U.S. mail or electronic means, three days shall be added to
the 15-day review request period. The initial order may be reviewed by the
secretary or the state appeals committee.
(2) Upon written request, authority may be
granted by the secretary or the state appeals committee for the submission of
additional written briefs or arguments that would assist in their
deliberations.
(3) If the parties
submit new evidence during the review of the initial order, the state appeals
committee shall have discretion to remand the matter to the presiding officer
for consideration of the new evidence if the new evidence could not have been
presented during the state fair hearing.
(4) The decision from the secretary or the
state appeals committee shall be the final order.
(5) The final order of the secretary or the
state appeals committee shall be effective upon service unless stated otherwise
in the final order or unless a stay has been granted pursuant to
K.S.A.
77-528, and amendments
thereto.
(b) Any final
order may be reconsidered by the secretary in accordance with
K.S.A.
77-529, and amendments thereto.
(c) The record, as defined in
K.S.A.
77-532 and amendments thereto, shall be the
basis for the review of the initial order or final order by the secretary or
the state appeals committee.
(d)
This regulation shall not apply to orders concerning determinations by skilled
nursing facilities and nursing facilities to transfer or discharge a resident
since the secretary is not the respondent.
Notes
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