36-518. Inspections of lodging establishments; compliance; rules and regulations.
36-518
36-518. Inspections of lodging establishments;compliance; rules and regulations.(a) The secretary shall inspect or cause tobe inspected every lodging establishment in this state. For suchinspections the secretary or the secretary's lawful agent shallhave the right of entry and access thereto, at any reasonabletime.
(b) Whenever, upon inspection, it is determined that anylodging establishment does not comply with the applicablestandards promulgated in the rules and regulations of thesecretary, the secretary shall give written notice to the owner,proprietor or agent in charge of such establishment of thechanges or alterations necessary to comply with such standards.
(1) The notice shall order the establishment to comply withthe applicable standards within a period of time specified in thenotice, which shall be not less than 10 days, except that ashorter period of time may be provided in the notice whenever thesecretary believes it essential to protect the public health andsafety.
(2) The notice also shall state that the license for suchestablishment shall be subject to suspension or revocation forfailure to comply with the applicable standards within the timespecified.
(3) The licensee of any establishment given a noticepursuant to this section may apply to the secretary for anextension of the time specified in the notice. The secretaryshall review such application and may grant or deny suchapplication or modify the provisions of the notice with respectto the time for compliance with any of the particulars stated inthe notice.
(c) Upon reinspection of any lodging establishment given anotice pursuant to this section, if it is determined that suchestablishment does not comply with the applicable standardspromulgated in the rules and regulations of the secretary, the secretary maysuspend or revoke the license issued for suchestablishment. If the secretary suspends or revokes the license,the secretary shall send written notice to the licensee that thelicense for such establishment will be suspended or revoked,effective 20 days after the date such notice is sent, unlesswithin such time the licensee files with the secretary a writtenrequest for a hearing on the proposed suspension or revocation.All hearings pursuant to this section shall be conducted inaccordance with the provisions of the Kansas administrativeprocedure act.
(d) The secretary is authorized to receive lodging inspectionreports from qualified individuals, private entities or publicentities to determine compliance with lodging standardspromulgated pursuant to the food service and lodging act, andamendments thereto. The secretary is authorized to promulgatesuch rules and regulations as are necessary to receive suchinspection reports.Such rules andregulations shall be promulgated on or before July 1, 2010.
(e) This section shall be a part of and supplemental to thefood service and lodging act.
History: L. 2009, ch. 59, § 1; July 1.