48-3404. Inapplicability of act in certain cases; license expiration, suspension or revocation set aside; default in disciplinary action, motion to set aside.

48-3404

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN MILITARY SERVICE

      48-3404.   Inapplicability of act in certain cases; license expiration,suspension or revocation set aside; default in disciplinary action, motion toset aside.(a) The provisions of K.S.A. 48-3401 through 48-3405 shall not applyto licensees who during the period of military service engage in orpractice an occupation or profession in this state outside of the line of dutyin the military service.

      (b)   If the license of any licensee has expired, lapsed or been suspendedor revoked prior to the effective date of this act solely because of thefailure of such licensee tocomply with conditions for renewal while the licensee was in the militaryservice, such expiration, cancellation, suspension or revocation is hereby setaside and canceled.

      (c)   Any licensee held in default, pursuant to K.S.A. 77-520 and amendmentsthereto, in any disciplinary action commenced by the licensing agency, may filea written motion before the agency within six months of release from activeduty, requesting that such default be set aside. Such motion shall be grantedif the agency finds that military service prevented the licensee's appearanceor participation in the disciplinary proceeding.

      History:   L. 1991, ch. 282, § 4; May 2.