44-710b. Rate of contributions, benefit cost rate and benefit liability, notification; review and redetermination; judicial review; periodic notification of benefits charged.
44-710b
44-710b. Rate of contributions, benefit cost rate and benefitliability, notification; review and redetermination; judicial review;periodic notification of benefits charged.(a) By the secretary of labor. Thesecretary of labor shall promptly notify each contributing employer ofits rateof contributions, each rated governmental employer of its benefit costrate and each reimbursing employer of its benefit liability asdetermined for any calendar year pursuant to K.S.A. 44-710and 44-710a and amendments thereto. Such determination shall becomeconclusive and binding upon the employer unless, within 15 daysafter the mailing of notice thereof to the employer'slast known address orin the absence of mailing, within 15 days after the delivery ofsuch notice, the employer files an application for review andredetermination, setting forth the reasons therefor. If thesecretary of labor grants such review, theemployer shall bepromptly notified thereof and shall be granted an opportunity for a fairhearing, but no employer shall have standing, in any proceedinginvolving the employer's rate of contributions or benefit liability, tocontest the chargeability to the employer's account ofany benefits paid inaccordance with a determination, redetermination or decision pursuant tosubsection (c) of K.S.A. 44-710, and amendments thereto,except upon the ground that the services on the basis of which suchbenefits were found to be chargeable did not constitute servicesperformed in employment for the employer and only inthe event that the employer was not a party to such determination, redeterminationor decisionor to any other proceedings under this act in which the character ofsuch services was determined.Any such hearing conducted pursuant to this section shall be heard in thecounty where the contributing employer maintains its principle place ofbusiness. The hearing officer shall render a decision concerning all mattersat issue in the hearing within 90 days.
(b) Judicial review. Any action of thesecretary upon an employer's timely request for a review andredetermination of its rate of contributions or benefit liability, inaccordance with subsection (a), is subject to review in accordancewith the act for judicial review and civil enforcement of agency actions.Any action for such review shall be heard in asummary manner and shall be given precedence over all other civil casesexcept cases arising under subsection (i) of K.S.A.44-709, and amendmentsthereto, and the workmen's compensation act.
(c) Periodic notification of benefits charged. The secretary oflabor may provide by rules and regulations forperiodicnotification to employers of benefits paid and chargeable to theiraccounts or of the status of such accounts, and any such notification,in the absence of an application for redetermination filed in suchmanner and within such period as the secretary oflabor mayprescribe, shall become conclusive and binding upon the employer for allpurposes. Such redeterminations, made after notice and opportunity forhearing, and the secretary's findings of facts in connection therewithmay be introduced in any subsequent administrative or judicialproceedings involving the determination of the rate of contributions ofany employer for any calendar year and shall be entitled to the samefinality as is provided in this subsection with respect to the findingsof fact made by the secretary of labor inproceedings toredetermine the contribution rate of an employer. The review or anyother proceedings relating thereto as provided for in this section maybe heard by any duly authorized employee of the secretary of labor andsuch action shall have the same effect as ifheard by thesecretary.
History: L. 1945, ch. 220, § 7; L. 1971, ch. 180, § 6; L. 1973,ch. 205, § 8; L. 1976, ch. 370, § 64; L. 1977, ch. 181, § 5;L. 1986, ch. 318, § 60;L. 1997, ch. 182, § 80;L. 2004, ch. 179, § 61; July 1.