Incorporated by reference are the definitions of K.S.A.
44-1002. In addition, the following words and terms shall have the following
director" means the person appointed by the commission to perform the
functions, powers and duties of the executive director, or the person appointed
to perform the functions, powers and duties of the executive director per rule
means any order, decree, decision, determination or ruling affecting personal
or property rights, privileges, immunities, duties, liabilities or obligations
of any or all of the parties to the proceeding in which the adjudication is
"Attorney" means any
licensed attorney currently admitted to practice before the supreme court of
the state of Kansas or any attorney at law authorized to enter his appearance
per rule K.A.R. 21-40-13
"Chairman" shall mean the chairman of the commission on civil rights duly
designated by the governor pursuant to K.S.A. 44-1003, or, in the event of his
absence, the acting chairman designated by the remaining members of the
means the commission on civil rights created and amended by the Kansas act
against discrimination, or as the context indicates, any member thereof.
(f) "Commissioner" shall mean one
of the duly appointed members of the commission on civil rights.
(g) "Commission's attorney" shall mean an
attorney designated to assist the commission to carry out the provisions of
this act subject to approval by the attorney general.
(h) "Complainant" shall mean any person
filing a complaint with the commission.
(i) "Complaint" shall mean a written
statement made under oath and filed with the commission alleging any violation
of any statutory or other authority, orders, rules or regulations over which
the commission may have jurisdiction or which the commission may enforce.
(j) "Discrimination" means any
direct or indirect exclusion, distinction, segregation, limitation, refusal,
denial, or any other differentiation or preference in the treatment of a person
or persons on account of race, religion, color, sex, physical handicap,
national origin or ancestry, and/or any denial of any right, privilege, or
immunity, secured or protected by the constitution or laws of Kansas or the
United States. Discrimination shall include but not be limited to any practice
which produces a demonstrable racial or ethnic effect without a valid business
(k) "Executive director"
means the executive director employed by the commission.
(l) "Formal record" means all the filings and
submittals in a matter or proceeding, any notice or agency order initiating the
matter or proceeding, and if a hearing is held, the following: the designation
of the presiding officer, transcript of hearing, all exhibits received in
evidence, all exhibits offered but not received in evidence, offers of proof,
motions, stipulations, subpoenas, proofs of service, references to the
commission, and determinations made by the commission thereon, certifications
to the commission, and anything else upon which action of the presiding officer
or the agency head may be based; but not including any proposed testimony or
exhibits not offered or received in evidence.
(m) "Hearing commissioners" shall mean the
commissioners designated by the chairman to conduct a pre-hearing, hearing,
rehearing, reopen a hearing, or to proceed with any matter before the
means persons intervening or petitioning to intervene when admitted as a
participant to a proceeding. Admission as an intervener shall not be construed
as recognition by the commission that such intervener has a direct interest in
the proceeding or might be aggrieved by any order of the commission in such
commissioner" shall mean the commissioner duly designated by the commission to
make investigation of a verified complaint filed with this commission, or to
conduct any investigation initiated by the commission without the filing of a
means to prescribe or promulgate.
(q) "Matter or proceeding" means the
elucidation of the relevant facts and applicable law, consideration thereof,
and action thereupon by the commission with respect to a particular subject by
the commission, initiated by a filing or submittal or commission notice or
(r) "Party" means the
complainant, the respondent, and any other person authorized by the commission
to intervene in any proceeding.
(s) "Petitioners" means persons seeking
relief, not otherwise designated in this section.
(t) "Pleading" means any application,
complaint, petition, answer, protest, reply or other similar document filed in
an adjudicatory pro-ceeding.
"Presiding officer" means any member of the commission, or one or more hearing
examiners appointed according to law and duly designated to preside at hearings
or conferences, or other officers duly designated to conduct specified classes
cause" means the presence of a reasonable ground for belief in the existence of
the alleged facts of a violation of any statutory or other authority, orders,
rules or regulations over which the commission may have jurisdiction or which
the commission may enforce.
"Proposed report" means the written statement of the issues, the facts, and the
findings that a hearing examiner or other subordinate officer proposes the
commission should make, with the reasons therefor, whether or not including a
"Respondent" shall mean any person against whom a complaint has been filed
alleging an unlawful employment practice or unlawful discriminatory practice
within the meaning of this act.
(y) "Segregation" shall include but not be
limited to any practice which results in any discriminatory grouping.
(z) "Submittal" means any document
filed in a nonadversary proceeding.