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KANSAS STATUTES AND CODES
72-5440. Witnesses, fees and mileage; hearing officer, compensation and expenses; testimony, recording and transcription; attorney fees; costs.
72-5440
72-5440. Witnesses, fees and mileage; hearingofficer,compensation and expenses;testimony, recording and transcription; attorney fees; costs.(a) For appearing before the hearingofficer at a hearing,witnesses who are subpoenaed shall receive $5 per day andmileage at the rate prescribed under K.S.A. 75-3203, andamendments thereto, for milesactually traveled in going to and returning from attendance at thehearing. The fees and mileage for the attendance of witnesses shall be paid bythe party calling the witness, except that fees andmileage ofwitnesses subpoenaed by the hearing officer shall bepaid by the board. Witnesses voluntarily appearingbefore the hearing officer shallnot receive fees or mileage for attendance at the hearing.
(b) The hearing officer shall be paid compensation for time spentin actual attendance at the hearing and for time spent in performance ofthe hearing officer's officialduties. In addition to compensation, the hearing officer shall be paidsubsistence allowances, mileage, and other expenses as provided in K.S.A.75-3223, and amendments thereto. The costs for the services of the hearingofficer shall be paid by the board.
(c) Testimony at a hearing shall be recorded by a certified shorthandreporter. The cost for the certified shorthand reporter's services shall bepaid by the board. The testimony shall be transcribedif the decision of thehearingofficer is appealed to the district court, or if either party requeststranscription. The appellant or the party making the request shall pay for thecost of transcription. If both parties jointly request that thetestimony betranscribed at the hearing level, the parties shall each pay one-half of thecost of transcription.
(d) Each party shall be responsible for the payment of its own attorneyfees.
(e) All costs of a hearing which are not specificallyallocated in this section shall be paid bythe board.
History: L. 1974, ch. 301, § 5; L. 1975, ch. 373, § 5; L. 1976,ch. 315, § 5;L. 1986, ch. 271, § 2;L. 1992, ch. 185, § 1;L. 2003, ch. 52, § 2; July 1.