Kansas Statutes 72-2236. Prohibited practices, determination of existence; procedure; hearing
(a) Any controversy concerning prohibited practices may be submitted to the secretary. Proceedings against the party alleged to have committed a prohibited practice shall be commenced within six months of the date of the alleged practice by service upon it by the secretary of a written notice, together with a copy of the charges. The accused party shall have 20 days within which to serve a written answer to the charges, unless the secretary determines an emergency exists and requires the accused party to serve a written answer to the charges within 24 hours of receipt. Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the board determines an emergency exists, the board shall follow the procedures contained in Kan. Stat. Ann. § 77-536, and amendments thereto. A strike or lockout shall be construed to be an emergency.
(b) The secretary shall either dismiss the complaint or determine that a prohibited practice has been or is being committed, and shall enter a final order granting or denying in whole or in part the relief sought. Any action of the secretary pursuant to this subsection is subject to review and enforcement in accordance with the Kansas judicial review act. Venue of the action for review is the judicial district where the principal offices of the pertinent board of education are located.
Terms Used In Kansas Statutes 72-2236
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Board: means the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college. See Kansas Statutes 72-2252
- board of education: shall mean the board of education of any public school district. See Kansas Statutes 72-2215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lockout: means action taken by a board of education to provoke interruptions of or prevent the continuity of work normally and usually performed by the professional employees for the purpose of coercing professional employees into relinquishing rights guaranteed by this act and the act of which this section is amendatory. See Kansas Statutes 72-2218
- Secretary: means the secretary of labor or a designee thereof. See Kansas Statutes 72-2218
- Strike: means an action taken for the purpose of coercing a change in the terms and conditions of professional service or the rights, privileges or obligations thereof, through any failure by concerted action with others to report for duty including, but not limited to, any work stoppage, slowdown, or refusal to work. See Kansas Statutes 72-2218
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
The action for review shall be by trial de novo with or without a jury in accordance with the provisions of Kan. Stat. Ann. § 60-238, and amendments thereto, and the court may, in its discretion, permit any party or the secretary to submit additional evidence on any issue. The action for review shall be heard and determined by the court as expeditiously as possible.
(c) If there is an alleged violation of either subsection (b)(8) or (c)(5) of Kan. Stat. Ann. § 72-2235, and amendments thereto, the aggrieved party or the secretary is authorized to seek relief in district court.