Current through Register Vol. 43, No. 52, December 26, 2024
As used in these regulations, the following definitions shall
apply:
(a) "Applicant" means any
party on whose behalf an application for authority or permission that the
commission is authorized by law to grant or deny is made.
(b) "Attorney" shall include any licensed
attorney currently admitted to practice before the supreme court of the state
of Kansas and any attorney at law authorized to enter an appearance under
K.A.R. 82-1-228.
(c) "Commission"
and "commissioner" mean the state corporation commission of Kansas, and a
member of the commission, respectively.
(d) "Complainant" means any party who
complains to the commission of either of the following:
(1) Anything done or failed to be done in
contravention or violation of either of the following:
(A) The provisions of any statute or other
delegated authority administered by the commission; or
(B) any orders or regulations issued or
promulgated by the commission under statute or delegated authority; or
(2) any other alleged
wrong over which the commission may have jurisdiction.
(e) "Document" means any original, copy, or
draft of any handwritten, typewritten, printed, graphic, or electronically
recorded material, and shall include the following:
(1) Correspondence;
(2) notes;
(3) memoranda;
(4) studies;
(5) reports;
(6) records;
(7) charts;
(8) invoices;
(9) bills;
(10) diaries;
(11) calendars;
(12) books;
(13) statements;
(14) appointment books;
(15) tape recordings;
(16) videos;
(17) faxes;
(18) computer printouts and software;
(19) electronically recorded
media; and
(20) any other writing
or tangible record of any kind, type, or nature, however produced.
(f) "Formal record" or "record"
shall include the following, when filed with the commission:
(1) All applications, complaints, petitions,
and other papers seeking commission action;
(2) all answers, replies, responses,
objections, protests, motions, stipulations, exceptions, other pleadings,
notices, depositions, certificates, proofs of service, transcripts of oral
arguments, and briefs in any matter or proceeding;
(3) all exhibits, all attachments to
exhibits, all appendices to exhibits, amendments of exhibits, corrections of
exhibits, supplements to exhibits, and all letters of transmittal or withdrawal
of any items mentioned in this subsection;
(4) any notice or commission order initiating
the matter or proceeding;
(5) any
commission order designating a hearing examiner, attorney, or other employee,
for any purpose;
(6) the official
transcript of the hearing made and transcribed by the reporter;
(7) all exhibits received in evidence;
(8) all prefiled testimony or
proposed exhibits offered but not received in evidence; however, any prefiled
testimony or proposed exhibit which was not offered in evidence shall not be
included in the record;
(9) all
offers of proof; and
(10) all
motions, stipulations, subpoenas, proofs of service, and anything else ordered
by the commission or presiding officer to be made a part of the record.
(g) "Intervenor" means
any party petitioning to intervene as provided by K.A.R. 82-1-225, if admitted
by the commission as a participant in any proceeding. Admission as an
intervenor shall not be construed as recognition by the commission that the
intervenor might be aggrieved by any order of the commission in the proceeding.
(h) "KAPA" means the Kansas
administrative procedure act found at
K.S.A.
77-501
et seq. and
amendments thereto.
(i)
(1) "Party" means a person with an
articulated interest in a particular commission proceeding who meets any of the
following conditions:
(A) An order is
specifically directed to the person.
(B) The person is named as a party to a
commission proceeding.
(C) The
person is allowed to intervene as a party in the proceeding.
(2) No unincorporated association
shall obtain party status in a proceeding without identifying its membership.
(3) Except as provided in K.A.R.
82-1-207, technical staff and staff counsel participating in a proceeding shall
be deemed a party for all purposes except the right of appeal of commission
orders.
(j) "Person"
means any individual, partnership, corporation, association, political
subdivision or unit of a political subdivision, or private organization or
entity of any other character, including another state agency.
(k) "Petitioner" means any party seeking
relief who is not otherwise designated under these regulations.
(l) "Presiding officer" means the chairperson
of the commission or the commissioner or other person appointed by the
commission who is actively conducting the hearing.
(m) "Protestant" means any party objecting on
the ground of private or public interest to the approval of an application,
petition, motion, or other matter that the commission may have under
consideration.
(1) Each protestant protesting
the granting of any application under the motor carrier act shall comply with
the provisions of K.A.R. 82-4-65.
(2) Each protestant protesting the granting
of any application or permit under the oil and gas conservation act shall
comply with the provisions of K.A.R. 82-3-135.
(3) Any protestant desiring to become an
intervenor in any other proceeding before the commission may file a petition
for intervention as provided by K.A.R. 82-1-225.
(4) Admission of a party as a protestant
shall not be construed as recognition by the commission that the protestant
might be aggrieved by any order of the commission in the proceeding.
(n) "Respondent" means any party
who is subject to any statute, order, rule or regulation or other delegated
authority administered, issued, or promulgated by the commission and who meets
either of the following conditions:
(1) The
party receives an order or notice issued by the commission in a proceeding or
investigation instituted on the commission's own initiative.
(2) Any complaint, motion to compel, or other
such pleading is filed against the party.
(o) "Restricted mail" shall have the same
meaning as set forth in
K.S.A.
60-103, and amendments thereto.
(p) "Staff counsel" means the general counsel
of the commission, any assistant general counsel of the commission, and any
special counsel retained by the commission, participating in a proceeding
before the commission.
(q)
"Technical staff" means commission employees with technical expertise and any
special assistants or consultants retained by the commission. This term shall
not include staff counsel. Technical staff may conduct investigations and
otherwise evaluate issues raised, and may testify and offer exhibits on behalf
of the general public.
(r) "Test
year" means any consecutive 12-month period selected for the purpose of
determining or justifying rates.
