Kansas Statutes 25-4119h. Application of the Kansas administrative procedure act, the Kansas code of civil procedure and the Kansas judicial review act to actions of the commission; limitations; waiver of any civil or legal rights of respondent prohi…
Terms Used In Kansas Statutes 25-4119h
- Commission: means the governmental ethics commission. See Kansas Statutes 25-4143
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means any individual, committee, corporation, partnership, trust, organization or association. See Kansas Statutes 25-4143
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(a) The provisions of the Kansas administrative procedure act, the Kansas code of civil procedure and the Kansas judicial review act shall apply to actions by the governmental ethics commission or commission staff, including, but not limited to, applications for judicial relief in district court. All actions filed by the commission in district court pursuant to this act shall constitute a claim for purposes of the Kansas public speech protection act.
(b) Any action before the commission shall be brought within five years of the act giving rise to the cause of action or complaint.
(c) No action by the commission, including, but not limited to, the issuance of any consent order, order dismissing a complaint or any other preliminary or final order by the commission, shall require a respondent to waive any civil or legal rights to judicial recourse in any manner.
(d) The commission shall provide by rules and regulations the standards by which any member of the commission, the executive director or any other person employed or engaged by the commission shall recuse themselves from any matter before the commission by reason of a conflict of interest, appearance of impropriety or other basis affecting the ability of the commission to neutrally and fairly enforce the campaign finance act.