Current through Register Vol. 43, No. 39, September 26, 2024
(a) Individuals and firms approved by the director as qualified
vocational rehabilitation professionals and vendors under K.A.R. 51-24-1 et
seq., shall be subject to disciplinary action for violation of the standards of
conduct set forth in K.A.R. 51-24-8.
(b) Oral or unsigned complaints of violations of the standards
of conduct shall be considered as informal complaints and shall be handled by
the director or administrator as deemed appropriate.
(c) Complaints of standards of conduct violations that are in
writing and signed by the complaining party shall be considered formal
complaints.
(d) The following procedure shall be used to address formal
complaints of standards of conduct violations:
(1) Each formal complaint of standards of conduct violations
shall be in writing, signed by the complaining party and directed to the
administrator. The complaint shall identify the vendor or professional
complained of (hereinafter referred to as respondent), the nature of the
violation and a statement of the facts constituting the violation.
(2) A copy of the complaint shall be sent by the administrator
to each respondent by certified mail, return receipt requested. The complaining
party shall be notified by the administrator of receipt of the complaint.
(3) Each respondent shall have 30 days from the date of the
certified receipt to deliver to the administrator a factual written response to
each particular of the complaint. If requested in writing by respondent before
the expiration of the 30-day response time, one 30-day extension of time to
file a response may be granted by the administrator. Failure to provide a
timely written response to the administrator shall result in immediate
suspension of the qualification of the respondent. This suspension shall remain
in effect until the response is received or until appropriate hearing processes
are completed.
(4) Each respondent shall cooperate fully with attempts at
resolving the complaint. Cooperation shall include:
(A) responding fully and promptly to the administrator,
administrative law judge or hearing officer concerning any questions on the
subject of the complaint;
(B) providing copies of pertinent records, reports, logs, data
or cost information; and
(C) attending meetings or hearings held by the administrator,
administrative law judge or hearing officer on the subject of the complaint.
(5) Meetings with the complaining party and the respondent,
individually or jointly, may be scheduled by the administrator prior to the
appointment of an administrative law judge or hearing officer for:
(A) clarification;
(B) explanation;
(C) settlement of issues;
(D) obtaining information;
(E) instructing parties to the complaint; or
(F) to address the issues.
(6) Upon receipt of a response, the complaint and response
shall be reviewed by the administrator and, within 30 days, a conclusion shall
be reached by the administrator as to whether there is sufficient indication
that respondent may have violated the standards of conduct.
(7) If the administrator concludes that there is not
substantial indication that respondent violated the standards of conduct, the
complaint shall be dismissed by the administrator. The complaining party and
the respondent shall be notified by the administrator of the actions of the
administrator and the reasons for the conclusions reached.
(8) If the administrator concludes that there is a substantial
indication that respondent may have violated the standards of conduct, an
administrative law judge or hearing officer shall be appointed by the director
to hear the complaint. The administrative law judge or hearing officer shall
conduct a hearing or hearings and make recommendations as to whether
disciplinary action should be taken, and if so, recommend the degree and type
of discipline warranted.
(9) Any evidentiary hearing conducted by the administrative law
judge or hearing officer regarding the complaint shall be recorded verbatim by
a certified shorthand reporter. If there is a decision not to discipline the
respondent, the verbatim notes of the reporter shall not be transcribed.
However, such notes shall be retained as part of the records of the division of
workers compensation. If there is a decision to discipline the respondent, the
recording of the hearing shall be transcribed and retained as part of the
records of the division of workers compensation. Costs of the shorthand
reporter shall be assessed to respondent if it is found discipline is
warranted.
(10) If within 10 days the complaining party, respondent or
administrator request a review of the recommendations of the administrative law
judge or hearing officer, a review, de novo, shall be conducted by the director
on the record of the hearing or hearings and the recommendations of the
administrative law judge or hearing officer.
(11) Within 20 days after completion of the review, a decision
shall be entered by the director which may either affirm, modify or reverse the
decision of the administrative law judge or hearing officer. The director's
determination shall be in writing, with copies sent to the:
(A) administrative law judge or hearing officer;
(B) administrator;
(C) complaining party; and
(D) respondent.
(12) Any action of the director shall be subject to judicial
review in accordance with the act for judicial review and civil enforcement of
agency actions, K.S.A. 77-601 et seq. and amendments thereto.
(e) If disciplinary measures are imposed on a professional at
the final level of hearing or appeal, and the disciplinary measures taken
prevent the professional from completing all or part of the rehabilitation
process on a case or cases assigned to the professional, the vendor for whom
the disciplined professional was performing services shall effect the
reassignment of the case to another professional.
(f) If disciplinary measures are imposed on a vendor at the
final level of hearing or appeal, and the disciplinary measures taken prevent
the vendor from completing all or part of the rehabilitation process on a case
or cases assigned to the vendor, the administrator shall effect the
reassignment of the case to another vendor.
