KANSAS ADMINISTRATIVE REGULATIONS · 2017. 6. 16. · 2016 Supplement to the Kansas Administrative...

Volumes 1-5

KANSASADMINISTRATIVE

REGULATIONS

2016 SUPPLEMENT

to the

Book 2 of 2Agencies 84-132

2016 Supplementto the

KansasAdministrativeRegulations

Volumes 1 through 5Agencies 1 through 132

Compiled and Published by the Office of the Secretary of State of KansasKris W. KobAch, Secretary of State

UNDER AUTHORITY OF K.S.A. 77-415 et seq.

The 2016 Supplement to the Kansas Administrative Regulations contains rules and regulations filed after December 31, 2008 and before January 1, 2016.

The 2009 Volumes of the Kansas Administrative Regulations contain regulations filed before January 1, 2009.

DIVISION OF PRINTING—DEPARTMENT OF ADMINISTRATIONTOPEKA, KANSAS, 2016

ii

Copyright 2016By The Secretary of State of Kansas

For the use and benefit of the State of Kansas

Additional copies may be obtained by contacting:

Kris W. Kobach, Secretary of StateOffice of the Secretary of StateElections/Legislative Matters Division1st Floor, Memorial Hall120 SW 10th Ave.Topeka, KS 66612-1594

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AUTHENTICATION OF RULES AND REGULATIONS

THIS IS TO CERTIFY That we, Derek Schmidt, Attorney General of and for the State of Kansas, and Kris W. Kobach, Secretary of State of and for the State of Kansas, pursuant to K.S.A. 77-429 have examined and compared this 2016 Supplement to the Kansas Administrative Regulations; and do hereby certify that this publication of rules and regulations contains all rules and regulations for agencies 1 through 132 approved for printing by the State Rules and Regulations Board subsequent to the publication of the corresponding bound volumes of the 2009 Kansas Administrative Regulations and otherwise complies with K.S.A. 77-415 et seq. and acts amendatory thereof.

Done at Topeka, Kansas, this 1st day of October, 2016.

DereK schmiDt,Attorney General

Kris W. KobAch,Secretary of State

[SEAL]

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EXPLANATORY PREFACE

This volume has been compiled and published in accordance with K.S.A. 77-430a and other appli-cable laws.

ARRANGEMENT OF RULES AND REGULATIONS

Administrative rules and regulations of the various state agencies are arranged in accordance with a three-part system of numbers divided by hyphens. The first number indicates the agency; the second num-ber indicates the article (a group of regulations of such agency upon the same subject); the last number indicates the specific section or regulation within the article. For example, ‘‘1-4-11’’ refers to agency No. 1, article No. 4 and section No. 11.

The law requires that agencies cite the statutory authority for the regulation and the section(s) of the statutes which the regulation implements. This is published at the end of the text of the regulation. In ad-dition, the Secretary of State includes a history of the regulation which indicates the original effective date of the regulation and each subsequent amendment.

SALES

Volumes of the Kansas Administrative Regulations are sold by the Elections/Legislative Matters Divi-sion of the Office of the Secretary of State, First Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612-1594, (785) 368-6356.

Kris W. KobAch, Secretary of State

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COMMENTARY

This volume has been compiled and published in accordance with K.S.A. 77-430a and other appli-cable laws.

The 2016 Supplement contains rules and regulations filed after Dec. 31, 2008 and before Jan. 1, 2016. Regulations filed on and after Jan. 1, 2016 may be located by checking the Kansas Register, Kansas’ offi-cial state newspaper. An index appears at the back of each Kansas Register and lists the volume and page number of the Register that contains the most recent version of the particular regulation. To receive a copy or subscribe to the Kansas Register, write to the Secretary of State’s Office, Kansas Register, First Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612, or call (785) 296-0082.

The history at the end of each regulation cites the authorizing and implementing statute(s). Any subse-quent action follows. For example, in ‘‘amended, T-7-12-11-90, Dec. 31, 1990’’ the ‘‘T’’ means temporary, the ‘‘7’’ is the number assigned to the agency in the K.A.R. volumes, and 12-11-90 is the date that the regulation was filed. Following the last comma is the effective date. Therefore, the amendment was filed as a temporary regulation on Dec. 11, 1990 and the amendment became effective on Dec. 31, 1990. If the ‘‘T number’’ is not included in an action on a regulation, the regulation was filed as a permanent regula-tion. A temporary regulation becomes effective upon approval by the State Rules and Regulations Board and filing in the Secretary of State’s Office or at a later date when specified in the body of the regulation. A temporary regulation lasts 120 days unless it is amended or revoked within 120 days. A permanent reg-ulation is effective 15 days following publication in the Kansas Register or at a later date specified in the body of the regulation. Prior to July 1, 1995, a permanent regulation became effective 45 days following publication in the Kansas Register or at a later date specified in the body of the regulation. The regulation remains in effect until amended or revoked.

To find the most recent version of a regulation, first check the table of contents in the most current issue of the Kansas Register, then the Index to Regulations in the most current Kansas Register, next check the current K.A.R. Supplement, and finally check the current K.A.R. volume. If the regulation is found at any of these sequential steps, stop and consider that version the most recent.

General Rules: Volumes replace earlier volumes. Supplements replace earlier supplements. Supplements are additions that ‘‘supplement’’ current volumes.

For example, the 2016 Supplement supplements the 2009 Volumes. At printing, the current publications are the 2009 Kansas Administrative Regulations, Volumes 1-5, and the 2016 Supplement. The 2016 Sup-plement contains rules and regulations filed after Dec. 31, 2008 and before Jan. 1, 2016. Subsequent reg-ulations are published in the Kansas Register and found using the Kansas Register’s index to the K.A.R. When an individual volume is published, it replaces the same volume of an earlier year. For example, a 2009 Volume 2 would replace a 2006 Volume 2.

Any questions regarding the K.A.R. may be directed to the Secretary of State’s Office by calling (785) 296-4564. Questions regarding the filing procedure may be directed to the Kansas Administrative Regula-tions Director at (785) 296-2114. For purchasing inquiries call (785) 368-6356. Questions concerning the subject matter of a regulation should be directed to the agency administering the regulation.

Kris W. KobAch, Secretary of State

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911 COORDINATING COUNCIL ........................................................................................................................ 132 ABSTRACTERS’ BOARD OF EXAMINERS ....................................................................................................... 85 ACCOUNTANCY, BOARD OF .............................................................................................................................. 74* ACCOUNTING BOARD, MUNICIPAL .................................................................................................................. 2 ADJUTANT GENERAL, STATE OF KANSAS OFFICE OF THE ....................................................................... 56 ADMINISTRATION, KANSAS DEPARTMENT OF .............................................................................................. 1* ADMINISTRATION, KANSAS DEPARTMENT OF—DIVISION OF HEALTH POLICY AND FINANCE ................................................................................................................................................. 129* AGING AND DISABILITY SERVICES, KANSAS DEPARTMENT FOR .......................................................... 26* AGING, KANSAS DEPARTMENT ON ................................................................................................................. 26 AGRICULTURAL LABOR RELATIONS BOARD ............................................................................................... 12 AGRICULTURAL REMEDIATION BOARD ...................................................................................................... 125 AGRICULTURE, KANSAS DEPARTMENT OF .................................................................................................... 4* AGRICULTURE, KANSAS DEPARTMENT OF—DIVISION OF ANIMAL HEALTH ....................................... 9* AGRICULTURE, KANSAS DEPARTMENT OF—DIVISION OF CONSERVATION ........................................ 11 AGRICULTURE, KANSAS DEPARTMENT OF—DIVISION OF WATER RESOURCES .................................. 5 AGRICULTURE, KANSAS DEPARTMENT OF—DIVISION OF WEIGHTS AND MEASURES ........................................................................................................................................................ 99* ALCOHOLIC BEVERAGE CONTROL BOARD OF REVIEW ........................................................................... 13 ALCOHOLIC BEVERAGE CONTROL, DIVISION OF—KANSAS DEPARTMENT OF REVENUE ........................................................................................................................................................... 14* ALCOHOLISM, COMMISSION ON ..................................................................................................................... 42* ANIMAL HEALTH DEPARTMENT, KANSAS ...................................................................................................... 9* ANIMAL HEALTH, DIVISION OF—KANSAS DEPARTMENT OF AGRICULTURE ....................................... 9* ATHLETIC COMMISSION .................................................................................................................................... 15 ATHLETIC COMMISSION, KANSAS—KANSAS DEPARTMENT OF COMMERCE ................................... 128 ATTORNEY GENERAL ......................................................................................................................................... 16 BANK COMMISSIONER, OFFICE OF THE STATE ........................................................................................... 17* BANK COMMISSIONER, STATE—CONSUMER AND MORTGAGE LENDING DIVISION ........................ 75 BANK COMMISSIONER, STATE—JOINT RULES WITH OTHER AGENCIES .................................... 103, 104 BANKING DEPARTMENT, KANSAS .................................................................................................................. 17* BARBER EXAMINERS, KANSAS BOARD OF .................................................................................................. 61* BARBERING, KANSAS BOARD OF ................................................................................................................... 61* BASIC SCIENCE EXAMINERS, BOARD OF ...................................................................................................... 76 BEHAVIORAL SCIENCES REGULATORY BOARD ........................................................................................ 102 BOARD OF REGENTS, KANSAS ........................................................................................................................ 88* BOARD OF REVIEW—LABOR ........................................................................................................................... 48 BUREAU OF INVESTIGATION, KANSAS.......................................................................................................... 10 CHILD DEATH REVIEW BOARD ...................................................................................................................... 124* CHILDREN AND FAMILIES, KANSAS DEPARTMENT FOR ........................................................................... 30* CIVIL RIGHTS, KANSAS COMMISSION ON .................................................................................................... 21* COMMERCE, KANSAS DEPARTMENT OF ..................................................................................................... 110 COMMERCE, KANSAS DEPARTMENT OF—KANSAS ATHLETIC COMMISSION ................................... 128* CONSERVATION COMMISSION, STATE ........................................................................................................... 11* CONSERVATION, DIVISION OF—KANSAS DEPARTMENT OF AGRICULTURE ........................................ 11* CONSUMER CREDIT COMMISSIONER ............................................................................................................ 75 CONSUMER CREDIT COMMISSIONER—JOINT RULES WITH OTHER AGENCIES ............................... 104 CORPORATION COMMISSION, KANSAS ......................................................................................................... 82 CORRECTIONS, DEPARTMENT OF ................................................................................................................... 44

KANSAS ADMINISTRATIVE AGENICES

Agency Name Agency No.

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* CORRECTIONS, DEPARTMENT OF—DIVISION OF JUVENILE SERVICES .............................................. 123* COSMETOLOGY, KANSAS BOARD OF ............................................................................................................. 69 CREDIT UNION ADMINISTRATOR—JOINT RULES WITH OTHER AGENCIES ....................................... 104 CREDIT UNIONS, DEPARTMENT OF ............................................................................................................... 121* CRIME VICTIMS COMPENSATION BOARD ..................................................................................................... 20* CROP IMPROVEMENT ASSOCIATION .............................................................................................................. 95 DENTAL BOARD, KANSAS ................................................................................................................................. 71* EDUCATION COMMISSION ................................................................................................................................ 87* EDUCATION, KANSAS STATE DEPARTMENT OF ........................................................................................... 91 ELECTION BOARD, STATE ................................................................................................................................... 6* EMERGENCY MEDICAL SERVICES, BOARD OF .......................................................................................... 109 EMPLOYEE AWARD BOARD .............................................................................................................................. 18* EMPLOYMENT, DIVISION OF—DEPARTMENT OF HUMAN RESOURCES ................................................ 50 ENERGY OFFICE, KANSAS ................................................................................................................................. 27* ENGINEERING EXAMINERS, BOARD OF ........................................................................................................ 64* EXECUTIVE COUNCIL ........................................................................................................................................ 46 FAIR BOARD, KANSAS STATE ......................................................................................................................... 116 FIRE MARSHAL, STATE ....................................................................................................................................... 22* FOOD SERVICE AND LODGING BOARD .......................................................................................................... 41* GOVERNMENTAL ETHICS COMMISSION ....................................................................................................... 19* GOVERNMENTAL STANDARDS AND CONDUCT, KANSAS COMMISSION ON ....................................... 19* GRAIN INSPECTION DEPARTMENT, KANSAS STATE ................................................................................... 25 HEALING ARTS, KANSAS STATE BOARD OF ............................................................................................... 100 HEALTH AND ENVIRONMENT, KANSAS DEPARTMENT OF ....................................................................... 28* HEALTH AND ENVIRONMENT, KANSAS DEPARTMENT OF—DIVISION OF HEALTH CARE FINANCE............................................................................................................................................... 129 HEALTH CARE COMMISSION, KANSAS STATE EMPLOYEES .................................................................. 108* HEALTH CARE DATA GOVERNING BOARD ................................................................................................. 120* HEALTH CARE FINANCE, DIVISION OF—KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT .............................................................................................................................................. 129* HEALTH POLICY AND FINANCE, DIVISION OF—KANSAS DEPARTMENT OF ADMINISTRATION.......................................................................................................................................... 129* HEALTH POLICY AUTHORITY, KANSAS ....................................................................................................... 129* HEARING AID EXAMINERS, KANSAS STATE BOARD OF............................................................................ 67* HEARING INSTRUMENTS, KANSAS BOARD OF EXAMINERS IN FITTING AND DISPENSING OF ................................................................................................................................................ 67 HIGHWAY PATROL, KANSAS ............................................................................................................................. 37 HISTORICAL SOCIETY, STATE ......................................................................................................................... 118 HOME INSPECTORS REGISTRATION BOARD, KANSAS ............................................................................ 130 HOUSING RESOURCES CORPORATION, KANSAS ...................................................................................... 127* HUMAN RESOURCES, DEPARTMENT OF ........................................................................................................ 49* HUMAN RESOURCES, DEPARTMENT OF—DIVISION OF EMPLOYMENT ............................................... 50* HUMAN RESOURCES, DEPARTMENT OF—DIVISION OF WORKERS COMPENSATION ........................ 51* HUMAN RESOURCES, DEPARTMENT OF—EMPLOYMENT SECURITY BOARD OF REVIEW .............................................................................................................................................................. 48* HUMAN RIGHTS COMMISSION, KANSAS ...................................................................................................... 21 INDIGENTS’ DEFENSE SERVICES, STATE BOARD OF ................................................................................ 105 INSURANCE DEPARTMENT ............................................................................................................................... 40* JUVENILE JUSTICE AUTHORITY .................................................................................................................... 123* JUVENILE SERVICES, DIVISION OF—DEPARTMENT OF CORRECTIONS .............................................. 123


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* LABOR—BOARD OF REVIEW ........................................................................................................................... 48* LABOR, DEPARTMENT OF .................................................................................................................................. 49* LABOR, DEPARTMENT OF—DIVISION OF EMPLOYMENT ......................................................................... 50* LABOR, DEPARTMENT OF—DIVISION OF WORKERS COMPENSATION ................................................. 51* LABOR, DEPARTMENT OF—EMPLOYMENT SECURITY BOARD OF REVIEW ........................................ 48* LAW ENFORCEMENT TRAINING CENTER.................................................................................................... 107* LAW ENFORCEMENT TRAINING COMMISSION, KANSAS........................................................................ 106 LIBRARY, STATE ................................................................................................................................................... 54* LIVESTOCK BRAND COMMISSIONER ............................................................................................................... 8* MINED-LAND CONSERVATION AND RECLAMATION (KDHE) ................................................................... 47 MORTUARY ARTS, KANSAS STATE BOARD OF ............................................................................................. 63* MUNICIPAL ACCOUNTING BOARD .................................................................................................................... 2 NURSING, KANSAS STATE BOARD OF ............................................................................................................ 60 OMBUDSMAN BOARD FOR CORRECTIONS................................................................................................... 43 OPTOMETRY, STATE BOARD OF EXAMINERS IN .......................................................................................... 65* PARK AND RESOURCES AUTHORITY .............................................................................................................. 33* PAROLE BOARD, KANSAS ................................................................................................................................. 45* PEACE OFFICERS’ STANDARDS AND TRAINING, KANSAS COMMISSION ON .................................... 106 PHARMACY, KANSAS STATE BOARD OF ........................................................................................................ 68* PODIATRY BOARD OF EXAMINERS ............................................................................................................... 101 POOLED MONEY INVESTMENT BOARD ....................................................................................................... 122* PRISONER REVIEW BOARD ............................................................................................................................... 45 PROPERTY VALUATION, DIVISION OF—KANSAS DEPARTMENT OF REVENUE ................................... 93* PSYCHOLOGISTS, BOARD OF EXAMINERS OF ............................................................................................. 72* PUBLIC DISCLOSURE COMMISSION, KANSAS ............................................................................................. 19 PUBLIC EMPLOYEE RELATIONS BOARD ....................................................................................................... 84 PUBLIC EMPLOYEES RETIREMENT SYSTEM, KANSAS .............................................................................. 80 RACING AND GAMING COMMISSION, KANSAS ......................................................................................... 112* REAL ESTATE APPRAISAL BOARD ................................................................................................................. 117 REAL ESTATE COMMISSION, KANSAS ............................................................................................................ 86 RECORDS BOARD, STATE .................................................................................................................................. 53 REGENTS, KANSAS BOARD OF ........................................................................................................................ 88* REGISTRATION AND EXAMINATION OF LANDSCAPE ARCHITECTS, BOARD FOR THE ..................... 55* REGISTRATION AND EXAMINING BOARD FOR ARCHITECTS .................................................................. 73 REVENUE, KANSAS DEPARTMENT OF ............................................................................................................ 92 REVENUE, KANSAS DEPARTMENT OF—DIVISION OF ALCOHOLIC BEVERAGE CONTROL .............. 14 REVENUE, KANSAS DEPARTMENT OF—DIVISION OF PROPERTY VALUATION ................................... 93* SALVAGE BOARD, STATE ................................................................................................................................... 35 SAVINGS AND LOAN COMMISSIONER—JOINT REGULATIONS WITH OTHER AGENCIES ................................................................................................................................................ 103, 104 SAVINGS AND LOAN DEPARTMENT ................................................................................................................ 38* SCHOOL BUDGET REVIEW BOARD ................................................................................................................. 89* SCHOOL RETIREMENT BOARD ........................................................................................................................ 90 SECRETARY OF STATE .......................................................................................................................................... 7 SECURITIES COMMISSIONER, OFFICE OF THE ............................................................................................. 81* SOCIAL AND REHABILITATION SERVICES, DEPARTMENT OF .................................................................. 30 STATE EMPLOYEES HEALTH CARE COMMISSION, KANSAS .................................................................. 108 STATE LIBRARY .................................................................................................................................................... 54 STATE RECORDS BOARD ................................................................................................................................... 53 SURETY BONDS AND INSURANCE, COMMITTEE ON ................................................................................ 131


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* TAX APPEALS, KANSAS BOARD OF ................................................................................................................ 94* TAX APPEALS, KANSAS COURT OF ................................................................................................................. 94 TECHNICAL PROFESSIONS, STATE BOARD OF ............................................................................................. 66* TRANSPORTATION, KANSAS DEPARTMENT OF ........................................................................................... 36 TREASURER, STATE............................................................................................................................................... 3 TURNPIKE AUTHORITY, KANSAS .................................................................................................................... 39 UNMARKED BURIAL SITES PRESERVATION BOARD ................................................................................ 126* VETERANS’ AFFAIRS, KANSAS COMMISSION ON ....................................................................................... 97* VETERANS AFFAIRS OFFICE, KANSAS COMMISSION ON .......................................................................... 97* VETERINARY EXAMINERS, KANSAS BOARD OF ......................................................................................... 70 WATER OFFICE, KANSAS ................................................................................................................................... 98 WATER RESOURCES, DIVISION OF—KANSAS DEPARTMENT OF AGRICULTURE .................................. 5 WEIGHTS AND MEASURES, DIVISION OF—KANSAS DEPARTMENT OF AGRICULTURE .................... 99 WHEAT COMMISSION, KANSAS ....................................................................................................................... 24* WILDLIFE, PARKS AND TOURISM, KANSAS DEPARTMENT OF......................................................... 23, 115* WORKERS COMPENSATION, DIVISION OF—DEPARTMENT OF HUMAN RESOURCES ........................ 51

*Editor’s note.


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2016 SUPPLEMENTto the

KANSAS ADMINISTRATIVE REGULATIONSVolumes 1 through 5

TABLE OF CONTENTS

1—KANSAS DEPARTMENT OF ADMINISTRATION .......................................................................1 3—STATE TREASURER ......................................................................................................................17 4—KANSAS DEPARTMENT OF AGRICULTURE ............................................................................21 5—KANSAS DEPARTMENT OF AGRICULTURE—DIVISION OF WATER RESOURCES .........77 7—SECRETARY OF STATE ..............................................................................................................101 9—KANSAS DEPARTMENT OF AGRICULTURE—DIVISION OF ANIMAL HEALTH ............111 10—KANSAS BUREAU OF INVESTIGATION.................................................................................121 11—KANSAS DEPARTMENT OF AGRICULTURE—DIVISION OF CONSERVATION ...............123 14—KANSAS DEPARTMENT OF REVENUE—DIVISION OF ALCOHOLIC BEVERAGE CONTROL .....................................................................................................................................127 16—ATTORNEY GENERAL ...............................................................................................................151 17—OFFICE OF THE STATE BANK COMMISSIONER ..................................................................169 19—GOVERNMENTAL ETHICS COMMISSION .............................................................................175 20—CRIME VICTIMS COMPENSATION BOARD ...........................................................................177 22—STATE FIRE MARSHAL ..............................................................................................................181 26—KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES ..................................193 28—DEPARTMENT OF HEALTH AND ENVIRONMENT ...............................................................279 30—KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES ..................................................561 36—KANSAS DEPARTMENT OF TRANSPORTATION...................................................................575 40—INSURANCE DEPARTMENT .....................................................................................................581 44—DEPARTMENT OF CORRECTIONS ..........................................................................................597 45—KANSAS PRISONER REVIEW BOARD ....................................................................................631 48—DEPARTMENT OF LABOR—EMPLOYMENT SECURITY BOARD OF REVIEW ...............633 49—DEPARTMENT OF LABOR .........................................................................................................639 50—DEPARTMENT OF LABOR—DIVISION OF EMPLOYMENT ................................................641 51—DEPARTMENT OF LABOR—DIVISION OF WORKERS COMPENSATION ........................643 54—STATE LIBRARY ..........................................................................................................................647 60—KANSAS STATE BOARD OF NURSING ...................................................................................649 61—KANSAS BOARD OF BARBERING ..........................................................................................671 63—KANSAS STATE BOARD OF MORTUARY ARTS ....................................................................673 65—STATE BOARD OF EXAMINERS IN OPTOMETRY ................................................................679 66—STATE BOARD OF TECHNICAL PROFESSIONS ....................................................................681 67—KANSAS BOARD OF EXAMINERS IN FITTING AND DISPENSING OF HEARING INSTRUMENTS............................................................................................................................693 68—KANSAS STATE BOARD OF PHARMACY ..............................................................................695

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69—KANSAS BOARD OF COSMETOLOGY ...................................................................................711 70—KANSAS BOARD OF VETERINARY EXAMINERS ................................................................719 71—KANSAS DENTAL BOARD ........................................................................................................721 74—BOARD OF ACCOUNTANCY ....................................................................................................729 75—STATE BANK COMMISSIONER—CONSUMER AND MORTGAGE LENDING DIVISION ......................................................................................................................................741 81—OFFICE OF THE SECURITIES COMMISSIONER ....................................................................747 82—KANSAS CORPORATION COMMISSION ................................................................................779 84—PUBLIC EMPLOYEE RELATIONS BOARD .............................................................................905 85—ABSTRACTERS’ BOARD OF EXAMINERS .............................................................................907 86—KANSAS REAL ESTATE COMMISSION ...................................................................................909 88—KANSAS BOARD OF REGENTS ...............................................................................................911 91—KANSAS STATE DEPARTMENT OF EDUCATION ..................................................................955 92—KANSAS DEPARTMENT OF REVENUE ...................................................................................991 93—KANSAS DEPARTMENT OF REVENUE—DIVISION OF PROPERTY VALUATION ........1017 94—KANSAS BOARD OF TAX APPEALS .....................................................................................1021 97—KANSAS COMMISSION ON VETERANS AFFAIRS OFFICE ...............................................1031 98—KANSAS WATER OFFICE ........................................................................................................1041 99—KANSAS DEPARTMENT OF AGRICULTURE—DIVISION OF WEIGHTS AND MEASURES ................................................................................................................................1057100—KANSAS STATE BOARD OF HEALING ARTS ......................................................................1059102—BEHAVIORAL SCIENCES REGULATORY BOARD ..............................................................1073105—STATE BOARD OF INDIGENTS’ DEFENSE SERVICES .......................................................1103106—KANSAS COMMISSION ON PEACE OFFICERS’ STANDARDS AND TRAINING (KSCPOST) .................................................................................................................................1109107—LAW ENFORCEMENT TRAINING CENTER..........................................................................1117108—STATE EMPLOYEES HEALTH CARE COMMISSION ..........................................................1119109—BOARD OF EMERGENCY MEDICAL SERVICES .................................................................1129110—KANSAS DEPARTMENT OF COMMERCE ............................................................................1169112—KANSAS RACING AND GAMING COMMISSION ................................................................1185115—KANSAS DEPARTMENT OF WILDLIFE, PARKS AND TOURISM ......................................1291117—REAL ESTATE APPRAISAL BOARD .......................................................................................1353120—HEALTH CARE DATA GOVERNING BOARD .......................................................................1371121—DEPARTMENT OF CREDIT UNIONS ......................................................................................1373123—KANSAS DEPARTMENT OF CORRECTIONS—DIVISION OF JUVENILE SERVICES ...................................................................................................................................1377125—KANSAS AGRICULTURAL REMEDIATION BOARD ...........................................................1381127—KANSAS HOUSING RESOURCES CORPORATION .............................................................1383128—DEPARTMENT OF COMMERCE—KANSAS ATHLETIC COMMISSION ...........................1385129—KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT—DIVISION OF HEALTH CARE FINANCE ........................................................................................................1409130—KANSAS HOME INSPECTORS REGISTRATION BOARD ...................................................1473131—COMMITTEE ON SURETY BONDS AND INSURANCE .......................................................1479132—911 COORDINATING COUNCIL ..............................................................................................1481

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Articles 84-2. ProceDure.

Public Employee Relations BoardAgency 84

Article 2.—PROCEDURE

84-2-1. Service of pleadings. (a) Method, proof, complaints, orders, and other processes and papers of the board. Service of pleadings and or-ders shall be conducted in accordance with K.S.A. 77-531, and amendments thereto. Complaints, de-cisions, orders, and other processes and papers of the board may be served personally, by certified mail, by telefacsimile machine, by electronic mail, or by leaving a copy in the proper office or place of business of persons to be served. The return by the individual serving any of these documents, setting forth the manner of service, shall be proof of ser-vice. The return post office receipt, when certified and mailed as specified in this subsection, shall be proof of service.

(b) Service by a party. The moving party and re-spondent in any action shall be required to file the original and five copies of any pleadings with the board or its designee in person, by certified mail, by telefacsimile machine, or by electronic mail. If a par-ty files any pleading with the board by telefacsimile machine or by electronic mail, the party shall file

the original and five copies of the pleading with the board either in person or by certified mail within five days of electronically filing the pleading. The mov-ing party shall also cause a copy of the pleading to be served, by regular mail or in person, upon all other parties of record with a statement of certification of service appearing upon the pleading.

(c) Service upon attorney. If a party appears by the party’s attorney, all papers other than the com-plaint, notice of original hearings, and decisions and orders may be served as provided in subsection (d), upon the party’s attorney with the same force and effect as though served upon the party.

(d) Service by the board. Once a party has been permitted to intervene in a pending action, upon re-quest of the intervening party the other parties shall be ordered by the board, its designee, or the presid-ing officer to serve upon the intervening party cop-ies of all pleadings of the other parties filed with the board before the date of intervention. (Authorized by K.S.A. 2007 Supp. 75-4323; implementing K.S.A. 77-519; effective, E-72-29, Sept. 29, 1972; effective Jan. 1, 1973; amended May 1, 1975; amended July 30, 1990; amended June 19, 2009.)

907

Articles 85-4. licensee Fee. 85-7. exAminAtion Fees.

Abstracters’ Board of ExaminersAgency 85

Article 4.—LICENSE FEE

85-4-1. License fee. The annual fee for each abstracter’s license shall be $75.00. (Authorized by K.S.A. 74-3901; implementing K.S.A. 2013 Supp. 58-2801; effective, T-86-8, April 1, 1985; effective May 1, 1986; amended Nov. 13, 1989; amended March 13, 2015.)

Article 7.—EXAMINATION FEES

85-7-1. Examination fees. (a) The fee for the examination shall be $75.00.

(b) If an applicant does not pass the examination the first time, the applicant’s fee for a second ex-amination shall be $50.00. (Authorized by K.S.A. 74-3901; implementing K.S.A. 58-2805; effec-tive, T-86-8, April 1, 1985; effective May 1, 1986; amended Nov. 13, 1989; amended March 13, 2015.)

909

Articles 86-1. APPlicAtion AnD exAminAtion.

Kansas Real Estate CommissionAgency 86

Article 1.—APPLICATION AND EXAMINATION

86-1-5. Fees. (a) Each applicant shall pay a fee in an amount equal to the actual cost of the exam-ination and the administration of the examination to the testing service designated by the commission.

(b) Each applicant shall submit the following fees for licensure to the commission:

(1) For submission of an application for an orig-inal salesperson’s or broker’s license, a fee of $15;

(2) for an original salesperson’s license, a prorat-ed fee based on a two-year amount of $125;

(3) for an original broker’s license, a prorated fee based on a two-year amount of $175;

(4) for renewal of a salesperson’s license, a two-year fee of $125;

(5) for renewal of a broker’s license, a two-year fee of $175;

(6) for reinstatement of a license that has been deactivated or that has been canceled pursuant to K.S.A. 58-3047(c), and amendments thereto, or due to termination of a salesperson or associate broker, a fee of $15;

(7) for reinstatement of each license canceled pursuant to K.S.A. 58-3047(d) or (f), and amend-ments thereto, a fee of $7.50;

(8) for a duplicate license, a fee of $10; (9) for certification of licensure to another juris-

diction, a fee of $10; (10) for each branch office, a fee of $25; (11) for each primary office of a company created

or established by a supervising broker, a fee of $25; (12) for certification of a licensee’s education

history under K.S.A. 58-3046a, and amendments thereto, a fee of $10;

(13) for certification of licensure of a profession-al corporation, a fee of $10; and

(14) for each additional primary or branch office at which a salesperson or an associate broker, super-vising broker, or branch broker is associated or em-ployed, if the person is associated or employed by more than one primary or branch office, a fee of $10, which shall be paid by the salesperson or broker.

(c)(1) Each applicant for an original salesperson’s or broker’s license shall pay a fee of $60 for the cost of submission of the applicant’s fingerprints to the Kansas bureau of investigation for the purpose of obtaining a criminal history check conducted by the Kansas bureau of investigation and the federal bureau of investigation and for the commission’s reasonable costs of administering the criminal his-tory check program.

(2) Each licensee shall pay a fee of $60, upon re-quest of the commission, for the cost of submission of the licensee’s fingerprints to the Kansas bureau of investigation for the purpose of obtaining a crim-inal history check conducted by the Kansas bureau of investigation and the federal bureau of investiga-tion and for the commission’s reasonable costs of administering the criminal history check program in connection with any investigation.

(d)(1)(A) For each original salesperson’s license, the applicant shall pay a prorated fee that is calcu-lated by multiplying $5.00 by the number of months that remain in the applicant’s two-year license cycle.

(B) For each original broker’s license, the appli-cant shall pay a prorated fee that is calculated by multiplying $7.00 by the number of months that re-main in the applicant’s two-year license cycle.

(2) The number of months that remain in the applicant’s two-year license cycle shall be deter-mined beginning with the month following the date on which the applicant’s application is received by the commission through the applicable expiration month, as specified in K.A.R. 86-1-3.

(e) Each entity seeking course approval pursuant to K.S.A. 58-3046a, and amendments thereto, shall submit the following applicable fee or fees to the commission:

(1) For approval of a course of instruction sub-mitted by a course provider pursuant to K.S.A. 58-3046a, and amendments thereto, a fee of $50; and

(2) for renewal of an approved course of instruc-tion pursuant to K.S.A. 58-3046a, and amendments thereto, a fee of $15.

(f) Each licensee seeking approval of a course of instruction pursuant to K.S.A. 58-3046a(k), and

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KANSAS REAL ESTATE COMMISSION86-1-5

amendments thereto, shall pay a fee of $10 to the commission. This regulation shall be effective on and after December 1, 2015. (Authorized by K.S.A. 2014 Supp. 58-3063, as amended by L. 2015, ch. 21, sec. 6; implementing K.S.A. 2014 Supp. 58-3039 and 58-3063, as amended by L. 2015, ch. 21, sec. 6; effective Jan. 1, 1966; amended, E-73-30, Sept. 28, 1973; amended Jan. 1, 1974; amended, E-74-50, Sept. 13, 1974; amended May 1, 1975; amend-ed, E-81-18, July 16, 1980; amended May 1, 1981;

amended May 1, 1982; amended May 1, 1983; amended, T-86-10, May 1, 1985; amended May 1, 1986; amended, T-87-32, Nov. 19, 1986; amended May 1, 1987; amended Sept. 26, 1988; amended July 31, 1991; amended Dec. 20, 1993; amended July 31, 1996; amended, T-86-10-1-97, Oct. 1, 1997; amended Oct. 24, 1997; amended March 13, 1998; amended, T-86-7-2-07, July 2, 2007; amended Nov. 16, 2007; amended Dec. 1, 2015.)

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Articles 88-3. guiDelines For the DeterminAtion oF resiDency For Fee PurPoses. 88-24. generAl eDucAtion DeVeloPment (geD) test. 88-26. community colleges, technicAl colleges AnD WAshburn institute oF technology. 88-28. PriVAte AnD out-oF-stAte PostseconDAry eDucAtion institutions. 88-29. QuAliFieD ADmission. 88-29a. stAte uniVersity ADmissions. 88-29b. uniVersity oF KAnsAs ADmissions. 88-30. stuDent heAlth insurAnce ProgrAm.

Kansas Board of RegentsAgency 88

Article 3.—GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR

FEE PURPOSES

88-3-8a. Military personnel and veterans. (a) “Armed forces” and “veteran” shall have the meanings specified in K.S.A. 2015 Supp. 48-3601, and amendments thereto.

(b) The resident fee privilege shall be accorded to any person who meets the following conditions:

(1) Is enrolled at any state educational institu-tion, as defined by K.S.A. 76-711 and amendments thereto; and

(2) meets one of the following conditions: (A) Is currently serving in the armed forces or

is a veteran of the armed forces who is eligible for benefits under the federal post-9/11 veterans educa-tional assistance act or any other federal law autho-rizing educational benefits for veterans; or

(B) is the spouse or dependent child of a person who qualities for resident tuition rates and fees pur-suant to paragraph (b)(2)(A) or who, if qualifying through a veteran, is eligible for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans.

(c) This regulation shall not be construed to pre-vent a person covered by this regulation from ac-quiring or retaining a bona fide residence in Kansas.

(d) Each person seeking the resident fee privilege pursuant to this regulation shall be responsible for providing the appropriate office at the state educa-tional institution at which the person seeks admis-sion or is enrolling with the information and written documentation necessary to verify that the person meets the applicable requirements of K.S.A. 2015 Supp. 48-3601 and K.S.A. 76-729, and amend-

ments thereto, and this regulation. This documen-tation shall include the following:

(1) If claiming current status in the armed forces, written documentation verifying that status;

(2) if claiming veteran status, the following: (A) Written documentation verifying that the vet-

eran qualities for benefits under the federal post-9/11 veterans educational assistance act or any other feder-al law authorizing educational benefits for veterans;

(B) written documentation verifying that the vet-eran lives or will live in Kansas while attending the state educational institution; and

(C) a letter signed by the veteran attesting an in-tent to become a resident of Kansas;

(3) if claiming spouse or dependent child status based upon the relationship to a current member of the armed forces, the following:

(A) Written documentation verifying the re-quired relationship to the current member of the armed forces; and

(B) written documentation verifying that the member of the armed forces is currently serving; and

(4) if claiming spouse or dependent child sta-tus based upon a relationship with a veteran, the following:

(A) Written documentation verifying the required relationship to the veteran;

(B) written documentation verifying that the spouse or dependent child qualities for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans;

(C) written documentation verifying that the spouse or dependent child of the veteran lives or will live in Kansas while that person is a student attending the state educational institution; and

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KANSAS BOARD OF REGENTS88-3-12

(D) a written letter signed by the spouse or de-pendent child of the veteran, attesting that the spouse or dependent child intends to become a resi-dent of Kansas. (Authorized by K.S.A. 76-730; im-plementing K.S.A. 2015 Supp. 76-729 and K.S.A. 76-730; effective July 27, 2007; amended Jan. 18, 2013; amended, T-88-8-10-15, Aug. 10, 2015; amended Dec. 18, 2015.)

88-3-12. (Authorized by K.S.A. 76-730; im-plementing K.S.A. 2006 Supp. 76-729, as amend-ed by 2007 HB 2425, §1 and 2007 HB 2185, §10; effective Nov. 14, 1988; amended Nov. 18, 1991; amended July 27, 2007; revoked, T-88-8-10-15, Aug. 10, 2015; revoked Dec. 18, 2015.)

Article 24.—GENERAL EDUCATION DEVELOPMENT (GED) TEST

88-24-1. Eligibility to take GED test. (a) Each applicant to take the general education development (GED) test shall meet the following requirements:

(1) Be neither currently enrolled at nor graduated from an accredited public, private, denomination-al, or parochial high school in the United States or Canada; and

(2) be 16 years of age or older. (b) In addition to meeting the requirements spec-

ified in subsection (a), each applicant who is 16 or 17 years old shall meet the following requirements:

(1) Provide one of the following: (A) Written permission from a parent or legal

guardian; or (B) written proof of legal emancipation; and (2) provide proof of meeting one of the following

requirements: (A) Have participated in a final counseling session

conducted by the school district where the applicant currently resides and signed a disclaimer pursuant to K.S.A. 72-1111(b)(2), and amendments thereto;

(B) have disenrolled from an alternative education program approved by a Kansas unified school district;

(C) have graduated or disenrolled from a pro-gram of instruction approved by the state board of education pursuant to K.S.A. 72-1111(g), and amendments thereto; or

(D) be exempt from compulsory attendance pursu-ant to a court order. (Authorized by and implementing K.S.A. 2009 Supp. 72-4530; effective Oct. 18, 2002; amended July 27, 2007; amended Oct. 15, 2010.)

88-24-2. Test score requirements. Each ap-plicant who meets the test score requirements shall be issued a Kansas state high school diploma. The

test score requirements shall be a minimum stan-dard score of 150 on each test in the battery and a cumulative standard score of at least 600 on all four of the tests in the battery. (Authorized by and im-plementing K.S.A. 2014 Supp. 72-4530; effective Oct. 18, 2002; amended July 27, 2007; amended April 10, 2015.)

Article 26.—COMMUNITY COLLEGES, TECHNICAL COLLEGES AND WASHBURN

INSTITUTE OF TECHNOLOGY

88-26-1. Definitions. (a) “Board staff” and “staff” mean the designees of the president and chief executive officer of the state board.

(b) “Community college” has the meaning spec-ified in K.S.A. 74-3201b, and amendments thereto.

(c) “Course of study” and “program” mean a cur-riculum, the completion of which qualifies a student to receive a degree or a career technical certificate or to engage in a particular field of employment.

(d) “Distance education course” means any course in which faculty and students are physically separated in place or time and in which two-thirds or more of the instruction is provided by means other than face-to-face instruction.

(e) “Distance education program” means any pro-gram in which 50 percent or more of the program is delivered by means of distance education courses.

(f) “Institution” means a community college, a tech-nical college, or the Washburn institute of technology.

(g) “Non-accredited private secondary school” means a school that meets all of the following conditions:

(1) The school regularly offers education at the secondary level.

(2) Attendance at the school satisfies the re-quirements of the compulsory school attendance laws of Kansas.

(3) The school is not accredited by the state board of education.

(h) “Out-of-state or foreign student” means a stu-dent who is not a resident of the state of Kansas.

(i) “President and chief executive officer of the state board” means the chief executive officer as described in K.S.A. 74-3203a, and amendments thereto.

(j) “Satisfactory progress” means the progress required by an institution’s reasonable satisfactory academic progress policy.

(k) “State aid” means any funds appropriated by the Kansas legislature to the state board for alloca-tion or distribution to institutions.

(l) “State board” means Kansas board of regents.

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88-26-2community AnD technicAl colleges AnD WAshburn institute oF technology

(m) “Technical college” means any technical college designated pursuant to K.S.A. 72-4472, 72-4473, 72-4474, 72-4475, 72-4477, or 72-4477a, and amendments thereto.

(n) “Washburn institute of technology” means the area vocational school that is affiliated with Washburn university pursuant to K.S.A. 72-4479, and amendments thereto. (Authorized by K.S.A. 72-7514, K.S.A. 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 2014 Supp. 71-201, K.S.A. 71-406, 71-407, K.S.A. 2014 Supp. 71-1803, 72-4480, K.S.A. 74-32,140, and K.S.A. 2014 Supp. 74-32,141; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-2. Accreditation. (a) Accreditation by the higher learning commission of the north cen-tral association of colleges and schools shall be presumptive evidence that the criteria specified in subsection (b) are met.

(b) To be approved by the board for purposes of qualifying to receive state aid, each institution shall be required to meet the following minimum standards:

(1) The curriculum reasonably and adequately en-sures achievement of the stated objectives for which the curriculum is offered. The institution shall have policies and procedures in place to evaluate and en-sure the quality of its educational programs.

(2) The faculty members hold the credentials ap-propriate to the academic program offered as follows:

(A) Each faculty member shall possess an aca-demic degree that is relevant to what the individual is teaching and that is at least one level above the level at which the individual is teaching. Alterna-tively, for each faculty member employed based on equivalent experience, the institution shall es-tablish criteria for minimum equivalent experience that will be used in the appointment process.

(B) Each instructor, including instructors in dual- credit, contractual, and collaborative programs, shall be appropriately credentialed.

(3) The institution makes available to its stu-dents support services appropriate for its mission, including advising, academic records, financial aid, and placement, each of which shall meet the following conditions:

(A) The services are readily available and evaluated periodically to determine their overall effectiveness.

(B) The extent of the services provided by the insti-tution and any associated cost to the student are stated in the catalog and other appropriate publications.

(4) The facilities and environs are safe and sup-port learning appropriate for the curriculum.

(5) The institution owns or has secured access to the learning resources and services necessary to support the learning expected of its students, in-cluding laboratories, libraries, performance spaces, and clinical practice sites.

(6) The financial resources of the institution are sufficient to reasonably and adequately support its current operations, meet its stated objectives, and continue to do so in the foreseeable future.

(7) The institution engages in systematic and in-tegrated planning. Processes allow the institution to enhance its strengths and minimize its weaknesses in the face of a changing environment.

(8) The institution’s governance and adminis-trative structures promote effective leadership and support collaborative processes that enable the institution to fulfill its mission. The governance structure is consistent with the institution’s stated objectives and provides for the following:

(A) The governing board is knowledgeable about the institution, provides oversight for the institu-tion’s financial and academic policies and practices, and meets its legal and fiduciary responsibilities.

(B) The institution enables the involvement of its administration, faculty, staff, and students in set-ting academic requirements, policy, and processes through effective structures for contribution and collaborative effort.

(9) The institution operates with integrity in its fi-nancial, academic, personnel, and auxiliary functions. The institution demonstrates integrity in the relation-ship with its internal and external constituents.

(A) The academic freedom of both students and faculty is upheld to the extent permitted by law and governing board policy.

(B) Due process is recognized in the institutional operations.

(C) The institution’s practices are consistent with its published procedures.

(D) The institution accurately portrays its prac-tices, services, and programs.

(E) The institution meets all applicable federal and state requirements.

(c) The loss of accreditation by an institution, or for Washburn institute of technology, its affiliated university, shall be presumptive evidence of fail-ure to adhere to the minimum standards set by the board. Each institution that loses its accreditation shall be subject to the loss of state aid unless the institution demonstrates that it meets the minimum standards specified in subsection (b). (Authorized by K.S.A 72-7514, K.S.A. 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 2014

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Supp. 71-601, 71-620, K.S.A. 71-801, K.S.A. 2014 Supp. 71-1803, 72-4480, K.S.A. 74-32,140, and K.S.A. 2014 Supp. 74-32,141; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-3. Admissions. To be academically el-igible for admission to any community college or technical college or to the Washburn institute of technology, each applicant shall be required to meet one of the following criteria:

(a) Be a graduate of an accredited high school, a graduate of a non-accredited private secondary school, or a recipient of a state-issued or state- recognized high school equivalency credential;

(b)(1) Be enrolled in either an accredited high school or a non-accredited private secondary school, at either of the following:

(A) The tenth-grade, eleventh-grade, or twelfth-grade level; or

(B) the ninth-grade level if the applicant is clas-sified by a school district as gifted, as defined in K.A.R. 91-40-1; and

(2)(A) Have an ACT or SAT score at or above the national average, or have a cumulative high school GPA of 3.0 or above; or

(B) have been determined by the community col-lege or technical college or the Washburn institute of technology, after evaluating the applicant’s edu-cational credentials, to be able to benefit from the courses in which the applicant wishes to enroll; or

(c)(1) Be 18 years of age or older; and (2) have been determined by the communi-

ty college or technical college or the Washburn institute of technology, after evaluating the ap-plicant’s educational credentials, to be able to benefit from the courses in which the applicant wishes to enroll. (Authorized by K.S.A. 72-7514, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 71-801, 72-4469, K.S.A. 2014 Supp. 72-4470a, K.S.A. 74-32,140, and K.S.A. 2014 Supp. 74-32,141; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-4. Credit. (a) Transfer credit. Each in-stitution shall accept credits from all courses that are substantially equivalent to those offered at the institution, including courses that have been de-termined by the state board through the alignment process or the transfer and articulation process to be substantially equivalent. Any institution accept-ing transfer credit may evaluate the applicability of the credit towards meeting program requirements. Any institution may award credit for other docu-mented learning experiences.

(b) Advanced standing. Any institution may award credit for advanced standing based on the policies adopted by that institution’s governing board.

(c) Credit for lecture, laboratory, and other class-es. Each institution shall record one semester hour of credit for any student attending a lecture class, if the student has made satisfactory progress in the class and the class consists of at least 750 minutes of class instruction, plus time allocated for a final exam. Each institution shall record one semester hour of credit for any student attending a laboratory class, if the student has made satisfactory progress in the class and the class consists of at least 1,125 minutes. Each institution shall record one semes-ter hour of credit for any student who completes at least 2,700 minutes in on-the-job training, intern-ships, or clinical experiences in health occupations. The number of semester hours of credit recorded for each distance education course shall be as-signed by the institution that provided the course, based on the amount of time needed to achieve the course competencies in a face-to-face format. (Au-thorized by K.S.A. 72-7514, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 2014 Supp. 71-601, K.S.A. 71-801, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-5. Graduation or completion re-quirements. (a) Any community college may award the associate in arts degree, the associate in science degree, or the associate in general stud-ies degree to each student who has satisfactorily completed 60 or more credit hours in a curriculum that parallels that of a Kansas public university for freshmen and sophomores.

(b) Any community college or technical college may award the associate in applied science degree to each student who has satisfactorily completed a program in a career technical curriculum consist-ing of at least 60 credit hours but not more than 68 credit hours, in which at least 15 credit hours in general education and at least 30 credit hours in the area of specialized preparation are required. The 68-credit-hour maximum shall not apply to any programs having external accreditation or industry requirements that exceed the 68-credit-hour limit.

(c) Any institution may grant a career technical cer-tificate to each student who has satisfactorily complet-ed any technical program that is less than 60 credit hours in length but is more than 15 credit hours.

(d) Any institution may award a certificate of completion to each student who has satisfactorily

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88-26-12community AnD technicAl colleges AnD WAshburn institute oF technology

completed a course of study not exceeding 15 credit hours. (Authorized by K.S.A. 72-7514, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 71-801, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-6. Approval of programs. (a)(1) Ex-cept as specified in paragraph (a)(2), each program to be offered by an institution shall be required to be approved by the state board before the program is actually offered by the institution. The institution shall submit an application for approval of the pro-gram to the state board.

(2) If an associate in applied science degree program has been approved by the state board in accordance with paragraph (a)(1), the institution may subsequent-ly offer within the program a separate certificate of completion or a separate career technical certificate based on credits earned within that program.

(b) The application for approval shall provide information that establishes each of the following:

(1) There is a documented state, regional, or local need for the proposed program.

(2) The institution has the physical and human resources to deliver the program.

(3) The delivery of the program is financially fea-sible for the state and the institution.

(4) The program does not unnecessarily dupli-cate any existing programs of the other institutions within the state.

(c) Upon receipt of an application, the applica-tion shall be reviewed by board staff, and a deter-mination shall be made whether the requirements specified in subsection (b) have been met.

(d) If the board staff determines that the require-ments specified in subsection (b) have been met, the program shall be recommended by the board staff for approval by the state board. The institution shall be notified by the board staff, in writing, of the recommendation.

(e) If the board staff determines that the informa-tion provided does not meet all of the requirements specified in subsection (b), the institution shall be notified by the board staff, in writing, of the de-termination, which shall include in the notice the reason or reasons for the determination. The insti-tution shall also be notified by the board staff of the right to request a review of the determination. (Authorized by K.S.A. 72-7514, K.S.A. 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 71-801; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-7. Residence determination for state aid purposes. (a) Each institution shall determine residency, for state aid purposes, pursuant to stat-utes or regulations that apply to determination of residency by the institutions, including, for com-munity colleges, K.S.A. 71-406 and K.S.A. 71-407 and amendments thereto. The factors that may be considered in determining residency for state aid purposes shall include, when applicable or appro-priate, a Kansas driver’s license, evidence of pay-ment of Kansas real estate taxes, payment of Kan-sas income taxes, reliance on Kansas sources for support, acceptance of permanent employment in Kansas, ownership of a home in Kansas, registra-tion to vote in Kansas, and commitment to an edu-cational program that indicates an intent to maintain a permanent presence in Kansas upon graduation.

(b) The governing board of each institution shall consider L. 2015, ch. 76, sec. 3, and amendments thereto, when setting tuition rates based on resi-dency. (Authorized by K.S.A. 71-406, 72-7514, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; implementing K.S.A. 71-406, 71-407, K.S.A. 2014 Supp. 71-620, 71-1803, and 72-4480; ef-fective Oct. 29, 2004; amended April 10, 2015; amended, T-88-8-10-15, Aug. 10, 2015; amended Dec. 18, 2015.)

88-26-8. Determination of student residency. (a) For purposes of state aid, the president of each institution shall designate a person, referred to in this regulation as the “admissions officer,” to determine the residency of each student enrolled in the institution.

(b) The enrollment forms of each institution shall include questions that enable the admissions officer to identify the residency of each student for state aid purposes. (Authorized by K.S.A. 71-406, 72-7514, 74-32,140, and K.S.A. 2014 Supp. 74-32,141; im-plementing K.S.A. 71-406, 71-407, K.S.A. 2014 Supp. 71-620, 71-1803, 72-4480; effective Oct. 29, 2004; amended April 10, 2015.)

88-26-9, 88-26-10, and 88-26-11. (Authorized by and implementing K.S.A. 71-201, K.S.A. 2003 Supp. 71-301a, K.S.A. 2003 Supp. 71-403, K.S.A. 72-7514, and K.S.A. 74-32,140; effec-tive Oct. 29, 2004; revoked April 10, 2015.)

88-26-12. (Authorized by and implementing K.S.A. 71-201, K.S.A. 2003 Supp. 71-306, K.S.A. 72-7514, and K.S.A. 74-32,140; effective Oct. 29, 2004; revoked April 10, 2015.)

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88-26-13. (Authorized by and implementing K.S.A. 71-201, K.S.A. 2003 Supp. 71-301a, K.S.A. 2003 Supp. 71-403, K.S.A. 72-7514, and K.S.A. 74-32,140; effective Oct. 29, 2004; revoked April 10, 2015.)

88-26-14. (Authorized by and implementing K.S.A. 71-201, K.S.A. 71-301a, as amended by 2003 HB 2343, § 10, and K.S.A. 71-403, as amend-ed by 2003 HB 2343, § 17; effective Oct. 29, 2004; revoked April 10, 2015.)

88-26-15, 88-26-16. (Authorized by and implementing K.S.A. 71-201, K.S.A. 2003 Supp. 71-301a, K.S.A. 2003 Supp. 71-403, K.S.A. 72-7514, and K.S.A. 74-32,140; effective Oct. 29, 2004; revoked April 10, 2015.)

Article 28.—PRIVATE AND OUT-OF-STATE POSTSECONDARY EDUCATION

INSTITUTIONS

88-28-1. Definitions. The following terms, wherever used in this article, shall have the mean-ings specified in this regulation: (a) “Academic year” means instruction consisting of at least 24 se-mester credit hours over a period of two semesters or the equivalent.

(b) “Associate’s degree” means a postsecond-ary degree consisting of at least 60 semester credit hours or the equivalent of college-level course-work. This term shall include the following types of associate’s degree:

(1) “Associate in applied science degree” means a technical-oriented or occupational-oriented asso-ciate’s degree that meets the following conditions:

(A) Is granted to each student who successfully completes a program that emphasizes preparation in the applied arts and sciences for careers, typical-ly at the technical or occupational level; and

(B) requires at least 15 semester credit hours in general education and at least 30 semester credit hours or the equivalent in the technical content area.

(2) “Associate in arts degree” means an associ-ate’s degree that meets the following conditions:

(A) Is granted to each student who successfully com-pletes a program that emphasizes the liberal arts; and

(B) requires at least 30 semester credit hours or the equivalent in general education, including En-glish, mathematics, humanities, communications, physical sciences, and social and behavioral scienc-es, or any combination of these subjects.

(3) “Associate in general studies degree” means an associate’s degree that meets the following conditions:

(A) Is granted to each student who successfully completes a program that emphasizes a broad range of knowledge; and

(B) requires at least 24 semester credit hours or the equivalent in general education.

(4) “Associate in science degree” means an asso-ciate’s degree that meets the following conditions:

(A) Is granted to each student who successfully completes a program that emphasizes either math-ematics or the biological or physical sciences, or both; and

(B) requires at least 30 semester credit hours or the equivalent in general education.

(c) “Bachelor’s degree” and “baccalaureate” mean a degree that meets the following conditions:

(1) Requires the equivalent of at least four ac-ademic years of college-level coursework in the liberal arts, sciences, or professional fields meeting the following conditions:

(A) Requires at least 120 semester credit hours or the equivalent;

(B) includes at least 45 semester credit hours or the equivalent in upper-division courses; and

(C) requires at least 60 semester credit hours or the equivalent from institutions that confer a majority of degrees at or above the baccalaureate level; and

(2) requires a distinct specialization, which is known as a “major,” that requires either of the following:

(A) At least one academic year, or the equivalent in part-time study, of work in the major subject and at least one academic year, or the equivalent in part-time study, in related subjects; or

(B) at least two academic years, or the equivalent in part-time study, in closely related subjects within a liberal arts interdisciplinary program.

(d) “Catalog” means a document delivered in print or on-line containing the elements specified in K.A.R. 88-28-2.

(e) “Closure of an institution” or “closure” means the practice of no longer allowing students access to the institution to receive instruction. Closure of an institution occurs on the calendar day immediately following the last day on which students are allowed access to the institution to receive instruction.

(f) “Degree program” means a course of study that meets the following conditions:

(1) Leads to an associate’s degree, a bachelor’s degree, a master’s degree, an intermediate (special-ist) degree, a first professional degree, or a doctor’s degree; and

(2) consists of at least 30 semester credit hours or the equivalent of coursework in a designated aca-demic discipline area.

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PriVAte AnD out-oF-stAte PostseconDAry eDucAtion institutions 88-28-6

(g) “Doctor’s degree” means a degree that may include study for a closely related master’s degree and that meets the following conditions:

(1) Is granted to each student who successfully completes an intensive, scholarly program requir-ing the equivalent of at least three academic years beyond the bachelor’s degree;

(2) requires a demonstration of mastery of a significant body of knowledge through successful completion of either of the following:

(A) A comprehensive examination; or (B) a professional examination, the successful

completion of which may be required in order to be admitted to professional practice in Kansas; and

(3) requires evidence, in the form of a doctoral dissertation, of competence in independent basic or applied research that involves the highest levels of knowledge and expertise.

(h) “Enrollment agreement” means a written con-tract between an institution and a student in which the institution agrees to provide instruction to the student for a fee. Each valid enrollment agreement shall meet the requirements of K.A.R. 88-28-7.

(i) “Enrollment period” means the period of time specified in an enrollment agreement during which instruction, including any examinations given, is to be provided to a student.

(j) “Entering an institution” means commencing class attendance by a student at an on-site institu-tion or first submitting a lesson by a student for evaluation in a distance education program.

(k) “First professional degree” means a degree that meets the following conditions:

(1) Is granted to each student who successfully completes study beyond the fulfillment of under-graduate requirements, as approved by the state board;

(2) requires the equivalent of at least five aca-demic years of study, including work towards a bachelor’s degree; and

(3) includes a specialization in a professional field.

(l) “Honorary degree” means a special degree awarded as an honor that is bestowed upon a per-son without completion of the usual requirements.

(m) “Intermediate (specialist) degree” means a degree, including an educational specialist degree, granted to each student who successfully completes a program requiring the equivalent of at least one academic year beyond the master’s degree in a pro-fessional field.

(n) “Master’s degree” means a degree that meets the following conditions:

(1) Is granted to each student who successfully completes a program in the liberal arts and sciences or in a professional field beyond a bachelor’s degree;

(2) requires the equivalent of at least one aca-demic year in a curriculum specializing in a single discipline or single occupational or professional area; and

(3) culminates in a demonstration of mastery, which may include one or more of the following:

(A) A research thesis; (B) a work of art; or (C) the solution of an applied professional problem. (o) “Program” means either of the following: (1) A course or series of courses leading to a cer-

tificate, diploma, or degree; or (2) training that prepares a person for a field of

endeavor in a business, trade, technical, or indus-trial occupation.

(p) “Upper-division course” means any course with content and teaching appropriate for students in their third and fourth academic years or for oth-er students with an adequate background in the subject. (Authorized by and implementing K.S.A. 2009 Supp. 74-32,165; effective Oct. 20, 2006; amended March 18, 2011.)

88-28-6. Fees. Fees for certificates of ap-proval, registration of representatives, and certain transcripts shall be collected by the state board in accordance with this regulation.

(a) For institutions domiciled or having their principal place of business within the state of Kan-sas, the following fees shall apply:

(1) Initial application fees: (A) Non-degree-granting institution ......... $1,000 (B) Degree-granting institution ................ $2,000 (2) Initial evaluation fee, in addition to initial ap-

plication fees: (A) Non-degree level ................................... $750 (B) Associate degree level ........................ $1,000 (C) Baccalaureate degree level ................. $2,000 (D) Master’s degree level ......................... $3,000 (E) Professional and doctoral degree levels ................................................... $4,000 (3) Renewal application fees: (A) Non-degree-granting institution .......... 2% of

gross tuition but not less than $500 and not more than $10,000 (B) Degree-granting institution ................. 2% of

gross tuition, but not less than $1,200 and not more than $10,000 (4) New program submission fees, for each new

program:

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(A) Non-degree program ............................. $100 (B) Associate degree program ..................... $250 (C) Baccalaureate degree program .............. $500 (D) Master’s degree program ...................... $750 (E) Professional and doctoral degree programs ............................................. $1,500 (5) Program modification fee, for each program ......................................... $100 (6) Branch campus site fees, for each branch

campus site: (A) Initial non-degree-granting institution ............................................ $1,000 (B) Initial degree-granting institution....... $2,000 (7) Renewal branch campus site fees, for each

branch campus site: (A) Non-degree-granting institution .......... 2% of gross tuition, but not less than $500 and not more than $10,000 (B) Degree-granting institution ................. 2% of gross tuition, but not less than $1,200 and not more than $10,000 (8) On-site branch campus review fee, for each branch campus site .................. $100 (9) Representative fees: (A) Initial registration .................................. $200 (B) Renewal of registration ........................... $10 (10) Late submission of renewal of application fee ....................................... $125 (11) Student transcript copy fee .................... $10 (12) Returned check fee ................................ $50 (13) Changes in institution profile fees: (A) Change of institution name ..................... $50 (B) Change of institution location ................. $50 (C) Change of ownership only ...................... $50 (b) For institutions domiciled or having their

principal place of business outside the state of Kan-sas, the following fees shall apply:

(1) Initial application fees: (A) Non-degree-granting institution ......... $3,000 (B) Degree-granting institution ................ $4,000 (2) Initial evaluation fee, in addition to initial ap-

plication fees: (A) Non-degree level ................................ $1,500 (B) Associate degree level ........................ $2,000 (C) Baccalaureate degree level ................. $3,000 (D) Master’s degree level ......................... $4,000 (E) Professional and doctoral degree levels ................................................... $5,000 (3) Renewal application fees: (A) Non-degree-granting institution .......... 3% of gross tuition received or derived from Kansas students, but not less than $1,800 and not more than $10,000

(B) Degree-granting institution ................. 3% of gross tuition received or derived from Kansas students, but not less than $2,400 and not more than $10,000 (4) New program submission fees, for each new

program: (A) Non-degree program ............................. $250 (B) Associate degree program ..................... $500 (C) Baccalaureate degree program .............. $750 (D) Master’s degree program ................... $1,000 (E) Professional and doctoral degree programs ............................................. $2,000 (5) Program modification fee, for each program ......................................... $100 (6) Branch campus site fees, for each branch

campus site: (A) Initial non-degree-granting institution ............................................ $3,000 (B) Initial degree-granting institution....... $4,000 (7) Renewal branch campus site fees, for each

branch campus site: (A) Non-degree-granting institution .......... 3% of gross tuition received or derived from Kansas students, but not less than $1,800 and not more than $10,000 (B) Degree-granting institution ................. 3% of gross tuition received or derived from Kansas students, but not less than $2,400 and not more than $10,000 (8) On-site branch campus review, fee for each branch campus site .................. $500 (9) Representative fees: (A) Initial registration .................................. $350 (B) Renewal of registration ........................... $10 (10) Late submission of renewal of application fee ....................................... $125 (11) Student transcript copy fee .................... $10 (12) Returned check fee ................................ $50 (13) Changes in institution profile fees: (A) Change of institution name ..................... $50 (B) Change of institution location ................. $50 (C) Change of ownership only ...................... $50

(Authorized by and implementing K.S.A. 2014 Supp. 74-32,181; effective Oct. 20, 2006; amended April 16, 2010; amended, T-88-7-20-11, July 20, 2011; amended Oct. 21, 2011; amended April 10, 2015.)

Article 29.—QUALIFIED ADMISSION

88-29-1. Definitions. This regulation shall be applicable to each state educational institution’s review of applicants before the 2016 summer ses-sion. Each of the following terms, wherever used in

919

QuAliFieD ADmission 88-29-1

this article or in article 29a, shall have the meaning specified in this regulation:

(a) “Accredited high school” means one or more educational institutions that provide secondary instruction to students in grades 9, 10, 11, and 12 and that are designated accredited by a regional ac-crediting agency recognized by the United States department of education, by the Kansas state board of education, or by an agency with standards equiv-alent to those of the United States department of education or the Kansas state board of education.

(b) “Admission” means the permission given by the admission officer of a state educational institu-tion to an applicant to enroll as a degree-seeking student in a state educational institution.

(c) “Admission category” means one of the ad-mission categories adopted by a state educational institution pursuant to K.A.R. 88-29-3.

(d) “Complete application file” means the entire set of the following student records that have been received in the admission office of a state educa-tional institution:

(1) A completed application to the state educa-tional institution;

(2) verification that all applicable application fees have been paid;

(3) an official copy of the final transcript from each high school attended, including a transcript documenting graduation from high school, or a high school equivalency credential;

(4) when required pursuant to K.A.R. 88-29-5, K.A.R. 88-29a-5, K.A.R. 88-29-7, or K.A.R. 88-29a-7, an official copy of all ACT or SAT scores; and

(5) any other materials required by the state educational institution for advising or placement purposes.

(e) “Degree-seeking student” means a student who has been accepted for enrollment at a state educational institution and who has formally indi-cated to the state educational institution the intent to complete a program of study that is designated by the United States department of education as a program that is eligible for federal financial aid.

(f) “Earned a high school equivalency creden-tial with at least the prescribed minimum scores” means one of the following:

(1) Took the GED test on or after January 1, 2014, with an overall score of at least 680 points and a minimum score of 150 points on each subset;

(2) took the high school equivalency test (HiSET) on or after January 1, 2014, with an overall score of at least 75 points and a minimum score of 8 points on each subtest;

(3) took the GED test on or after January 1, 2002 and before January 1, 2014, with an overall score of at least 2,550 points and a minimum score of 510 points on each subtest; or

(4) took the GED test before January 1, 2002, with an overall score of at least 250 points and a minimum score of 50 points on each subtest.

(g) “Exception window for nonresident freshman class admissions” means a method by which any state educational institution, pursuant to K.A.R. 88-29-8c or K.A.R. 88-29a-8c, may admit a person who is not a resident of Kansas, who does not meet the applicable requirements specified in K.A.R. 88-29-4, K.A.R. 88-29-7, K.A.R. 88-29a-7, K.A.R. 88-29-7a, or K.A.R. 88-29a-7a, and who is not eli-gible for admission pursuant to the exception win-dow for nonresident transfer admissions.

(h) “Exception window for nonresident trans-fer admissions” means a method by which any state educational institution, pursuant to K.A.R. 88-29-8b,may admit a person who is not a resident of Kansas and who has earned at least 24 transfer-able college credit hours but who is not eligible for admission pursuant to K.A.R. 88-29-4.

(i) “Exception window for resident freshman class admissions” means a method by which any state educational institution, pursuant to K.A.R. 88-29-8 or K.A.R. 88-29a-8, may admit a Kansas resident who does not meet the applicable require-ments specified in K.A.R. 88-29-4 through 88-29-6, K.A.R. 88-29a-5, or K.A.R. 88-29a-6 and who is not eligible for admission pursuant to the exception window for resident transfer admissions.

(j) “Exc

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