Current through Register Vol. 43, No. 52, December 26, 2024
(a) A
conference adjudicative hearing may be used for the following types of action:
(1) Suspension or revocation of a pesticide
business license for the licensee's failure to maintain acceptable insurance or
bond continuously during the licensing period as required by
K.S.A.
2-2448, and amendments thereto;
(2) suspension or revocation of the pesticide
business license or governmental registration for the licensee's failure to
employ a certified commercial applicator for each category of business
operations in which a license has been issued;
(3) suspension of a pesticide business
license, governmental registration, or applicator's certificate, whether
commercial or private, that has been issued when fees were paid by an
insufficient fund check;
(4)
suspension or revocation of a pesticide business license, governmental agency
registration, or any certificate for multiple or repeated violations of the
Kansas pesticide law or of the implementing regulations, if no material issue
of fact is involved; and
(5) any
other instances designated in
K.S.A.
77-533, and amendments thereto.
Nothing in this subsection shall prohibit the conversion of
another type of hearing to a conference adjudicative hearing. Conversion
procedures shall conform with
K.S.A.
77-506, and amendments thereto.
(b) The summary
adjudicative hearing may be used for the following types of action:
(1) A reprimand, warning, or disciplinary
report pertaining to a violation of the Kansas pesticide law or any
implementing regulation;
(2) any
matter that can be resolved solely on the basis of inspections, examinations,
or tests made by the agency or its personnel; and
(3) assessment of civil penalties pertaining
to a violation of the Kansas pesticide law or any implementing regulation.
All other hearings, except emergency adjudicative hearings or
hearings that have been initiated as or converted to conference adjudicative
hearings or summary adjudicative hearings, shall be formal adjudicative
hearings as defined in the Kansas administrative procedures act.