(a) Upon receipt of information concerning a transaction which
may be subject to the provisions of L. 1986 ch. 306, sec. 2, the chairperson of
the Crime Victims Reparations Board, or a person or persons designated by the
chairperson, shall promptly conduct an investigation to determine whether the
proposed contract or other matter falls within the provisions of L. 1986 ch.
306, sec. 2. Upon completion of the investigation, the board's proposed
determination, administrative order with regard to the contract or other matter
in question, or both, shall be issued.
(b) Written notice of the proposed determination, or both shall
be served in the same manner as a service of a summons under the code of civil
procedure on the contracting party or parties, the person accused or convicted
of a crime who is the subject of the contract or matter, and any known victims
of the person accused or convicted of a crime. The same notice shall be served
by certified mail, return receipt requested, on any other persons or legal
entities that the board determines have an interest in the contract or subject
matter of the proposed determination or order. The notice shall contain the
following statement:
"This proposed determination will become final within 30 days
of the date of service of this notice unless a hearing is requested in writing
by an interested party. If you disagree with the proposed determination or
order, you have the right to a hearing before the Crime Victims Reparations
Board prior to a final determination in this matter. A request for a hearing
must be made in writing and should state the reason for your disagreement with
the proposed determination or order, and your interest in this matter."
(c) Upon receipt of a request for a hearing, a hearing on the
matter shall be scheduled and conducted.
(d) Hearings shall be conducted in accordance with the Kansas
administrative procedure act and K.A.R.
20-3-1 and K.A.R.
20-3-2, except that
the provisions regarding the approval of attorneys' fees shall not apply to
hearings under this regulation. The word "claimant" as used in K.A.R.
20-3-1
and K.A.R.
20-3-2 shall be deemed for purposes of this regulation to include
any party requesting or participating in a hearing under this regulation.
(e) After due deliberation and consideration by the board, a
report shall be issued. The report shall include the board's findings of fact,
conclusions of law or reasons for its determination or its order in the matter.
The report shall be a final decision of the board.
(f) For good cause shown, a hearing may be ordered prior to the
issuance of a proposed determination, or a rehearing or reconsideration may be
provided by the board at any time subsequent to any hearing conducted under
regulation.
Notes
Kan. Admin. Regs. §
20-15-1
Authorized by L. 1986, ch.
306, sec. 4; implementing L. 1986, ch. 306, sec. 2, 3, 4; effective May 1,
1987.
