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KANSAS STATUTES AND CODES
46-257. Same; examination and copying of evidence and hearing transcript by respondent; subpoenas; hearing before subcommittee of commission; powers of presiding officer; witness fees and mileage; dep
46-257
46-257. Same; examination and copying of evidence andhearingtranscript by respondent; subpoenas; hearing before subcommittee ofcommission; powers of presiding officer; witness fees and mileage;depositions; contempt.After a verified complaint alleging violation of any provision of thisact has been filed with the commission, the respondent shall be entitledto examine and make copies of all evidence in the possession of thecommission relating to the complaint, including the transcript of thehearing, if any. If a hearing is to be held pursuant to K.S.A. 46-256,the commission, before the hearing has commenced, shallissue subpoenas and subpoenas duces tecum at the request of anyparty. Any hearing held under K.S.A. 46-256 may beconducted and held by a subcommittee of not less than five members of thecommission, of whom not more than a majority shall be of the samepolitical party. Final determination of all complaints shall be made bythe commission as a whole. The chairperson of the commission or othermember presiding over the commission or the presiding officer of anysubcommittee of the commission shall have the power to: (a) Administeroaths and affirmations; and (b) compel, by subpoena, the attendance ofwitnesses and the production of pertinent books, papers and documents.Witnesses shall be entitled to receive fees and mileage as provided bylaw for witnesses in civil actions, which shall be paid out ofappropriations to the commission. Depositions may be taken and used inthe same manner as in civil actions. Any person subpoenaed to appear andgive testimony or to produce books, papers or documents, who fails orrefuses to appear or to produce such books, papers or documents, or anyperson, having been sworn to testify, who refuses to answer any properquestion, may be cited for contempt of the district court of Shawneecounty, Kansas. The commission shall report to such court the factsrelating to any such contempt. Thereupon proceedings before such courtshall be had as in cases of other civil contempt.
History: L. 1974, ch. 353, § 43;L. 1990, ch. 306, § 11; May 31.