48-1608. Administrative procedure and judicial review. - Kansas Statutes

48-1608

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL

      48-1608.   Administrative procedure and judicial review.(a) In any proceeding under this act for the adoption or amendment ofrules and regulations relatingto control of sources ofradiation or for granting, suspending, revoking or amending anylicense, the secretary shall afford an opportunity for a hearingon the record upon the written request of any person whose interest may be affected bythe proceeding and shall admit any such person as a party to suchproceeding.

      In any proceeding for licensing ores processed primarilyfor their source material content and disposal of by-product material orsource material mill tailings or for licensing disposal of low-level radioactivewaste, the secretary shall provide an opportunity, after publicnotice, for written comments and apublic hearing, and prior to any such proceedingthe secretaryshall prepare, for each licensed activity which has a significant impacton the human environment, a written analysis of the impact of such licensedactivity on the environment. The analysis shall be available to the publicbefore the commencement of any such hearing and shall include an assessmentof the radiological and nonradiological impacts to the public health; anassessment of any impact on any waterway and groundwater; considerationof alternatives, including alternative sites and engineering methods, tothe activities to be conducted and consideration of the long-term impacts,including decommissioning, decontamination and reclamation of facilitiesand sites associated with the licensed activities and management of anyradioactive materials which will remain on the site after such decommissioning,decontamination and reclamation.

      Hearings concerning a license under this act shall be in accordancewith the provisions of the Kansas administrative procedure act. Procedurefor other hearings authorized in this subsection shall beestablished by rule and regulation of the secretary.

      (b)   When the secretary, or any of the secretary'sduly authorized agents, determinesthat there are reasonable grounds to believe a violation of the provisionsof this act or of the rules and regulations of the secretaryhas occurred, the secretary shall commence a hearing on the alleged violationsor issue an order thereon subject to the right of the person to whom theorder is directed to make written request for a hearing within 15 daysafter service of the order.If a hearing is requested, such hearing shall beheld within 30 days after the receipt of the request for hearing,at such time and place as is designated by the secretary. The secretary shall makea determination as to whether the act or the rules and regulations of thesecretary have been violated. Hearings under this subsectionshall be in accordance with the provisions of the Kansasadministrative procedure act.

      (c)   Whenever the secretary or thedirector of the division of environmentof the department finds that an emergency existsrequiring immediate action to protect the public health and safety, anemergency order may be issued in accordance withthe provisions of K.S.A. 77-536 and amendments thereto. Any person aggrievedby the issuance of any such emergency order shall be entitled to a hearingin the same manner as is provided in subsection (b).

      (d)   Any action of the secretary upon a hearing pursuant to this section issubject to review in accordance with the act for judicial review and civilenforcement of agency actions.

      History:   L. 1963, ch. 290, § 8; L. 1972, ch. 207, §6; L. 1984, ch. 198, § 6;L. 1986, ch. 318, § 72;L. 1988, ch. 356, § 161; July 1, 1989.