65-2846. Costs of proceedings; assessment of costs incurred. - Kansas Statutes

65-2846

Chapter 65.--PUBLIC HEALTH Article 28.--HEALING ARTS

      65-2846.   Costs of proceedings; assessment of costs incurred.(a)   If the board's order is adverse to the licensee or applicant forreinstatement of license, costs incurred by the board in conducting anyproceeding under theKansas administrative procedure act may be assessed against the parties to theproceeding in such proportion as the board may determine upon consideration ofall relevant circumstances including the nature of the proceeding and the levelof participation by the parties. If the board is the unsuccessful party, thecosts shall be paid from the healing arts fee fund.

      (b)   For purposes of this section costs incurred shall mean the presidingofficer fees and expenses, costs of making any transcripts, witness fees andexpenses, mileage, travel allowances and subsistence expenses of boardemployees and fees and expenses of agents of the board who provide servicespursuant to K.S.A. 65-2878a and amendments thereto. Costs incurredshall not include presiding officer fees and expenses or costs of making andpreparing the record unless the board has designated or retained the servicesof independent contractors 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. 1957, ch. 343, § 46; L. 1965, ch. 382, § 10; L. 1973, ch. 309, § 22;L. 1991, ch. 193, § 2; July 1.