58-4119. Hearings, costs. - Kansas Statutes

58-4119

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 41.--REAL ESTATE APPRAISERS

      58-4119.   Hearings, costs.(a) The costs incurred by theboard in conducting any proceeding under the Kansas administrative procedureact may be assessedagainst the appraiser or applicant if the orderof the board is adverse to the appraiser or applicant in such proportion asthe board determines upon consideration of all relevant circumstances includingthe nature of the proceeding and the level of participation by the parties.The board may reduceany such assessment to judgment by filing a petition in the district courtof Shawnee county. No certificate or license shall bereinstated, renewed or issuedif an assessment for costs has not been paid by the applicant or appraiser.If the board is the unsuccessful party, the costs shall be paidfrom the real estate appraisal board fee fund.

      (b)   For purposes of this section "costs" means the fees and expenses ofthe presiding officer, costs of making and preparing the record, witness feesand expenses, mileage, travel allowances and subsistence expenses of boardemployees and fees and expenses of agents of the board who provide services tothe board. "Costs" shall not mean fees and expenses or costs of making andpreparing the record unless the board has designated or retained the servicesof the office of administrative hearings to perform such functions.

      (c)   The board shall make any assessment of costs incurred as part of thefinal order rendered in the proceeding. Such order shall include findings andconclusions in support of the assessment of costs.

      History:   L. 1990, ch. 270, § 19;L. 1991, ch. 164, § 19;L. 2007, ch. 96, § 5; July 1.