Kansas Administrative Regulations
Agency 71 - KANSAS DENTAL BOARD
Article 1 - GENERAL RULES
Section 71-1-21 - Suspension, termination, or denial of licensee's authority to practice when found in contempt of court pursuant to K.S.A. 20-1204a(f)
Universal Citation: KS Admin Regs 71-1-21
Current through Register Vol. 43, No. 52, December 26, 2024
(a)
(1) Within 30 days after receipt of a court-ordered notice
and a copy of the court order finding an individual in contempt of court in a
child support proceeding, the individual shall be notified by the board in
writing of the board's intent to suspend, deny, or withhold renewal of a
license and of the individual's rights and duties under K.S.A. 74-147 and
amendments thereto.
(2) If the notice accompanied by the court order provides
inadequate information identifying the person in contempt, the person serving
the notice shall be promptly contacted by the board for additional information.
The 30-day notice shall commence when sufficient information identifying the
person to contact is received.
(b) Notice to licensee. The written notice issued by the board shall inform the licensee of the following:
(1) The board's intent to deny, refuse to renew, or suspend the
license commencing six months after the date the notice is issued unless the
licensee furnishes to the board a court order releasing the individual from the
contempt citation; and
(2) if the individual does not furnish the release before the
expiration of the six-month period, the board's intent to commence proceedings
to deny the issuance of, to refuse to renew, or to suspend the license
following the summary procedure stated in K.S.A. 77-537 and amendments thereto.
(c) Temporary license.
(1) If an individual has applied for issuance or renewal of a
license and is otherwise eligible, a temporary license shall be issued by the
board and shall accompany the notice issued pursuant to subsection (b). The
temporary license shall be valid for six months after the date of the notice
issued according to subsection (b).
(2) If a licensee is eligible to request renewal of a license
and has previously recieved the notice required by subsection (b), the
temporary license shall be valid only for the remainder of the six-month period
that commenced upon issuance of the notice.
(3) Each temporary license shall include a date of issuance and
a date of expiration.
(4) A temporary license shall not be extended, unless the board
decides to extend the temporary license for up to 30 days to prevent extreme
hardship for a patient of the licensee.
(5) The licensee shall obtain a release from the court that
found the individual in contempt before the permanent license may be issued or
renewed by the board.
(6) The release shall be furnished to the board before the
expiration of the temporary license. If the release is not finished within the
six-month period of time, the temporary license shall expire, and either of the
following shall occur:
(A) Summary proceedings to deny issuance shall be commenced by
the board.
(B) Renewal of the permanent license may be refused by the
board.
(d) Hearing.
(1) If the licensee does not provide a copy of the release as
specified in paragraph (c)(5) to the board within the six-month time period,
the permanent license shall be denied, refused for renewal, or suspended by the
board in accordance with the summary proceedings of K.S.A. 77-537 and
amendments thereto.
(2)
(A) The issues at the hearing shall be limited to the
following:
(i) The identity of the individual;
(ii) the validity of the notices pursuant to K.S.A. 74-147 and
amendments thereto; and
(iii) the validity of any additional conditions imposed by the
board if the conditions are otherwise subject to review.
(B) Any issues related to child support shall not be subject to
the board's jurisdiction.
(3) If the board issues an order denying, refusing to renew, or
suspending a permanent license of an individual as specified in this
subsection, the individual may apply for reinstatement of the application or
license, as appropriate, if the individual furnishes a court order releasing
the individual from the contempt citation and it is determined by the board
that the individual is otherwise eligible for a license.
(e) Fees. If a license is denied, refused for renewal, or suspended, any fees paid by the individual shall not be refunded.
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