58-3308. Notice of filing and registration; hearings. - Kansas Statutes

58-3308

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 33.--UNIFORM LAND SALES PRACTICES ACT

      58-3308.   Notice of filing and registration; hearings.(a) Upon receipt of the application for registration in proper form, thecommissioner shall issue a notice of filing to the applicant. Within 90days from the date of the notice of filing, the commissioner shallenter an order registering the subdivided lands or rejecting theregistration. If no order of rejection is entered within 90 daysfrom the date of notice of filing, the land shall be deemed registeredunless the applicant has consented in writing to a delay.

      (b)   If the commissioner affirmatively determines, upon inquiry andexamination, that the requirements of K.S.A. 58-3307 and amendmentsthereto have been met, the commissionershall enter an order registering the subdivided lands and shall designatethe form of the public offering statement.

      (c)   If the commissioner determines upon inquiry and examination that anyof the requirements of K.S.A. 58-3307 and amendments thereto has not been met, thecommissioner shall notify the applicant that the application forregistration must be corrected in the particulars specified within 10days. If the requirements are not met within the time allowed thecommissioner shall enter an order rejecting the registration which shallinclude the findings of fact upon which the order is based. Within 15days after service of the orderrejecting the registration, the applicant may petition for a hearing. Upon receipt of atimely petition, the commissioner shall conduct a hearingthereon in accordance with the provisions of the Kansas administrative procedure act.

      History:   L. 1967, ch. 311, § 8; L. 1976, ch. 241, § 7;L. 1988, ch. 356, § 176; July 1, 1989.