25-4163. Same; rights of respondent; hearing procedure; compulsory process; hearings to be public.
25-4163
25-4163. Same; rights of respondent; hearing procedure; compulsory process;hearings to be public.(a) After a verified complaint alleging violation of a provision of thecampaign finance act has been filed with the commission, the respondentshall be entitledto examine and make copies of all evidence in the possession of thecommission relating to the complaint, including the transcript of thehearing, if any. If a hearing is to be held pursuant to K.S.A. 25-4161, thecommission, before the hearing has commenced, shall issue subpoenas andsubpoenas duces tecum at the request of any party.Any hearing held under K.S.A. 25-4161, may be conductedand held by a subcommittee of not less than five members of the commission,of whom not more than a majority shall be of the same political party.Final determination of all complaints shall be made by the commission asa whole. The chairperson of thecommission or other member presiding over the commission or the presidingmember of any subcommittee of thecommission shall have the power to: (1) Administer oaths andaffirmations; and (2) compel, by subpoena, the attendance of witnessesand the production of pertinent books, papers and documents. Witnessesshall be entitled to receive fees and mileage as provided by law forwitnesses in civil actions, which shall be paid out of appropriations tothe commission. Depositions may be taken and used in the same manner asin civil actions. Any person subpoenaed to appear and give testimony orto produce books, papers or documents, who fails or refuses to appear orto produce such books, papers or documents, or any person, having beensworn to testify, who refuses to answer any proper question, may becited for contempt of the district court of Shawnee county, Kansas. Thecommission shall report to such court the facts relating to any suchcontempt. Thereupon proceedings before such court shall be had as incases of other civil contempt.
(b) At every hearing held by the commission: (1) Oral evidence shallbe taken only on oath or affirmation.
(2) Each party shall have the right to be represented by legalcounsel, to call and examine witnesses, to introduce evidence and tocross-examine opposing witnesses.
(c) All hearings shall be open to the public.
History: L. 1981, ch. 171, § 22;L. 1990, ch. 306, § 9; May 31.