KANSAS STATUTES AND CODES

40-2,137. Assessment of costs of certain administrative hearings, guidelines, procedure.

40-2,137

Chapter 40.--INSURANCE Article 2.--GENERAL PROVISIONS

40-2,137. Assessment of costs of certain administrative hearings,guidelines, procedure.(a) The costs incurred by the department of insurance in conducting anyadministrative hearing authorized by article 33 of chapter 40 of the KansasStatutes Annotated andamendmentsthereto, shall be assessed against insurers or rating organizations that are parties to the hearing in such proportion as the commissioner of insurance maydetermine upon consideration of all relevant circumstances including: (1) Thenature of the hearing; (2) whether the hearing was instigated by, or for thebenefit of a particular party or parties; (3) whether there is a successfulparty on the merits of the proceeding; (4) the relative levels of participationby the parties; and (5) with the exception of hearings held under article 33 ofchapter 40 of the Kansas Statutes Annotated, only when the disapproval of ratesin question is upheld, a rating organization's license is suspended or revokedor a penalty is imposed as a result of the hearing.

(b) For purposes of this section costs incurred shall mean thepresidingofficer fees, cost of making a record and publishing notices, and travelexpenses of department of insurance officers and employees, but costsincurred shall not include presiding officer fees or costofmaking a recordunless the department has retained the services ofthe office of administrative hearingsor outside experts to perform such functions.

(c) Any costs assessed hereunder shall be made by the commissioner as partof the final order or decision arising out of the proceeding. Such order ordecision shall include findings and conclusions in support of the assessment ofcosts. This section shall not be construed as permitting the payment of travelexpenses unless calculated in accordance with the applicable laws and rules andregulations of the state of Kansas. The commissioner as part of such order ordecision may require all assessments for presidingofficer feesand cost ofmaking a record, if any, to be paid directly to the office of administrativehearings by the party or partiesassessed for such costs.

History: L. 1990, ch. 173, § 3; L. 1990, ch. 159, § 1;L. 2004, ch. 145, § 13; July 1, 2005.