Current through Register Vol. 43, No. 39, September 26, 2024
(a) Form and
content. Unless otherwise specified, each order of the commission shall contain
the following:
(1) A caption that complies
with the requirements of paragraph (a)(1) of K.A.R. 82-1-219, except that the
heading shall be "THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS" and
shall be followed by a designation of the commissioners to whom the matter was
submitted;
(2) if the order
renders a final determination on a matter after hearing or prehearing
conference, a recitation of the appearances, whether by attorney or pro se, and
a summary of jurisdictional facts including those pertaining to the dates and
places of hearings and notices;
(3) a concise and specific statement of the
relevant law and basic facts that persuade the commission in arriving at its
decision;
(4) the official
signature of the commission, as provided in this regulation;
(5) the surnames of the commissioners who
participated in the making of the order typed at the end of the order; and
(6) the date of mailing to the
parties shown above the executive director's signature.
(b) Orders issued without a hearing.
(1) Non-KAPA proceeding. If the commission
has not used KAPA to govern the conduct of a proceeding and a decision or order
is rendered without a hearing, any party affected by the order or decision and
deeming it to be improper, unreasonable, or contrary to law may apply, by
petition, for a hearing on the matter before the commission. The petition shall
contain a statement of every ground of objection that the petitioner will raise
against the decision or order. The petition for a hearing may be granted or
denied by the commission. If a hearing is granted, it shall be subject to the
commission's rules and regulations. If a hearing is denied, the denial shall be
construed as a denial of a petition for reconsideration on the matter for
purposes of an application for judicial review of the order or decision.
(2) KAPA proceeding.
(A) Orders may be issued without hearing in
summary proceedings pursuant to KAPA. Any order issued in a summary proceeding
shall disclose that any party may file a petition requesting a hearing within
15 days after service of an order.
(B)
(i)
Interim emergency orders may be issued by the commission upon its own
initiative, or upon a request, if there has been a showing of good cause.
(ii) An interim order may be
issued by any commissioner. All parties affected by the order shall comply,
except that as soon as possible after the order is issued, the order shall be
approved or revoked by a majority of the commission.
(iii) Unless a different period of time is
otherwise specified by statute, an interim order shall not be effective for a
period longer than 30 days if the matter is determined and the order is issued
without a hearing on the merits.
(c) Official signature of the commission. All
orders, certificates, permissions, approvals, licenses, permits, warrants,
subpoenas, or any process or instrument may be officially signed with the
signature of the commission by subscribing the signature of the executive
director of the commission and affixing the official seal of the commission.
All orders or other instruments made and issued by the commission shall be in
strict conformance with the action of the commission as shown by the official
written minutes of the commission and signed by at least two commissioners,
with the exception of orders suspending or cancelling the authority of a motor
carrier for failure to maintain proof of insurance as required by
K.S.A.
66-1,128, and amendments thereto. Orders
suspending or cancelling the authority of a motor carrier or reinstating the
carrier for providing proof of insurance shall require the signature of one
commissioner on the minutes, until signatures of the other two commissioners
may be obtained.
(d) Filing,
effective date. All orders of the commission shall be filed in the office of
the commission in Topeka. Orders shall take effect and be in force upon
service, as prescribed by K.A.R. 82-1-216, unless otherwise expressly provided
in the order or by statute.
(e)
Dating of orders. The date of mailing of each order of the commission shall be
shown on each order by the executive director above the official signature of
the commission, except that orders that are mailed from the office of the
commission's conservation division shall have the date of mailing shown on each
order by the administrator of the conservation division.
