Kansas Administrative Regulations
Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS
Article 1 - SOLDIERS' HOME; MEMBERSHIP
Section 97-1-6a - Approval or denial of application, notification to applicant, and right of reconsideration; right of hearing; final decision
Universal Citation: KS Admin Regs 97-1-6a
Current through Register Vol. 43, No. 12, March 20, 2024
(a) Approval of application. If an applicant qualifies for admission, the application shall be approved if there is space available in the KSH or KVH or shall be conditionally approved until space is available. Each applicant shall be notified in writing by the appropriate superintendent or by the executive director, whether the application is approved or denied.
(b) Denial of application.
(1) If an applicant is denied admission, written notification
shall be sent to the last known address of the applicant by the appropriate
superintendent, the executive director, or the commission. The notification
shall state the reason or reasons for the denial.
(2) Within 30 days of the date of the decision, the applicant
may file at the office of the executive director a written request for
reconsideration by the commission. The request shall state the reasons
supporting approval of the application. If no timely request is filed, the
notification of denial shall become the final decision.
(3) Unless waived by the applicant, a hearing shall be set upon
receipt of a request for reconsideration. The hearing shall be scheduled at the
earliest available commission docket. The applicant shall be notified by the
executive director of the date, time, and place of the hearing. The notice
shall be mailed to the last known address of the applicant at least 10 days
before the hearing.
(4) At the hearing, notice may be taken by the commission of
its administrative records and files, and any other relevant evidence and
arguments offered by the applicant, employees of the KCVA, or other interested
persons may be heard by the commission. The applicant may appear in person,
through telephone, by an attorney, or any combination of these.
(5) If the applicant fails to attend the hearing, the
commission's decision may be made based upon the KCVA's records, files, and any
other evidence that was presented at the hearing. The commission's decision
shall be determined by a majority vote. A written decision shall be filed by
the commission with the executive director, setting forth the facts and reasons
for the commission's decision. Within 30 days after the hearing, a copy of the
decision shall be sent by the executive director to the applicant at the
applicant's last known address. The filed decision shall be considered the
final agency action.
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