41-321. Refusal, suspension or revocation of license; appeal to secretary.
41-321
41-321. Refusal, suspension or revocation of license;appeal to secretary.Whenever the director refuses an application for any license or suspends orrevokes any license, the director shall prepare anorder so providing which shall be signed by the director or a persondesignated by the director, and the seal of the director shallbe affixed thereto. The order shall state the reason orreasons for the refusal, suspension or revocation. The ordershall be served in accordance with theprovisions of K.S.A. 77-531 and amendments thereto.
Any applicant or licensee aggrieved by any order ofthe director may appeal from such order to the secretary by filing anotice of appeal with the secretary. Suchnotice of appeal must either be mailed to the secretary bycertified mail or filed with the secretary within 15 days after service ofthe order appealed from or, ifsuch appeal is taken because the director has failed to enterthe order on an application for a license, within15 days after the date an application for a license isconsidered to havebeen refused as provided in K.S.A. 41-319 and amendments thereto. Thenotice of appeal shall be on a form which shall be prescribed and furnishedby the secretary. Whenever any such notice of appeal isfiled, the secretary shall notify, in writing, the director of such appeal.The secretary at least 10 days before the time fixed forthe hearing shall notify the director and the applicantor licensee of the time when, and place where, the appeal willbe heard. The hearing shall beconducted by the secretary, or by a person designated by thesecretary, in accordance with the provisions of the Kansas administrativeprocedure act and shall beheld within 30 days after the date of thefiling of the notice of appeal unless the person appealing consents toa later hearing.
The secretary shall adopt, pursuant to K.S.A.41-210 and amendments thereto, such rules andregulations as necessary to govern the procedure in suchhearings. Atany such hearing theapplicant or licensee and the director may be present in person or byagent or counsel. The secretary or person conducting the hearing shall havethe power to adjourn any hearing, but no such adjournment shall be formore than five days unless consented to by the person appealing.
History: L. 1949, ch. 242, § 37;L. 1985, ch. 170, § 6;L. 1986, ch. 318, § 46;L. 1987, ch. 182, § 29;L. 1988, ch. 356, § 134;L. 1989, ch. 146, § 1; July 1.