31-138. Same; hearings; information and evidence to attorney general or county attorney; prosecution; assistance by state fire marshal. - Kansas Statutes

31-138

Chapter 31.--FIRE PROTECTION Article 1.--FIRE SAFETY AND PREVENTION

      31-138.   Same; hearings; information and evidence to attorneygeneral or county attorney; prosecution; assistance by state firemarshal.The state fire marshal or any of the state fire marshal's deputies, inmaking the investigations authorized or required in K.S.A. 31-137 andamendments thereto, may hold a hearing with all interested parties inaccordance with the provisions of subsection (a) of K.S.A. 31-141 andamendments thereto. If the state fire marshal or any of the state firemarshal's deputies, having made the investigation, shall be of the opinionthat there is probable cause to believe any person has violated anyprovision of this act or any of the rules and regulations adopted pursuantto this act, or that any person is guilty of a criminal conduct under thelaws of this state with respect to any fire or explosion, the state firemarshal shall furnish to the attorney general or the proper county attorneythe names of the witnesses and all of the information and evidence obtainedfrom the investigation, including a copy of all pertinent and materialtestimony taken in the case; and the attorney general or such countyattorney shall take such action as the evidence and testimony justify. Thestate fire marshal has the right either in person or by the state firemarshal's deputy to assist in any prosecution arising therefrom.

      History:   L. 1972, ch. 157, § 7; L. 1988, ch. 356, § 68; July 1, 1989.