Kansas Statutes 75-7d06. Same; suspension, limitation of, denial of, revocation or refusal to renew certification or permit; grounds; hearing; review
Terms Used In Kansas Statutes 75-7d06
- Attorney general: means the attorney general of the state of Kansas and any authorized agent or designee thereof. See Kansas Statutes 75-7d13
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Certified batterer intervention program: includes any agent or employee thereof. See Kansas Statutes 75-7d13
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Holder of a temporary permit: includes any agent or employee thereof. See Kansas Statutes 75-7d13
- Person: means an individual, partnership, corporation, limited liability company, association, business entity, legal representative, trustee, trustee in bankruptcy or receiver, partnership, joint venture, company, firm, corporation, institution, governmental subdivision, state or federal department or agency or other legal entity. See Kansas Statutes 75-7d13
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Verdict: The decision of a petit jury or a judge.
(a) The attorney general may suspend, limit, condition, deny, revoke or refuse renewal or reinstatement of any certification or permit issued under the batterer intervention program certification act if the attorney general determines that an applicant, a person operating or providing services as a certified batterer intervention program or holder of a temporary permit has:
(1) Made any false statement or given any false information in connection with an application for an initial, renewal or reinstatement of a certification or temporary permit issued under the batterer intervention program certification act;
(2) failed to meet or maintain compliance with program requirements;
(3) been found guilty or convicted of fraud or deceit in connection with services rendered;
(4) been found guilty of negligence or wrongful actions in the performance of services rendered;
(5) allowed the use of the attorney general’s domestic violence offender assessment by any person who is not an employee or agent of either a current certified batterer intervention program or a holder of a temporary permit issued under the batterer intervention program certification act;
(6) committed an act of unprofessional conduct as defined by rules and regulations adopted by the attorney general;
(7) been convicted of any offense as defined in Kan. Stat. Ann. § 75-7d03, and amendments thereto; or
(8) failed or refused to allow inspection of records pursuant to Kan. Stat. Ann. § 75-7d08, and amendments thereto.
(b) (1) For purposes of this section, “conviction” means:
(A) The entry of a plea or verdict of guilty or a conviction following a plea of nolo contendere and without regard to whether the sentence was suspended or probation granted after such conviction;
(B) a forfeiture of bail, bond or collateral deposited to secure a defendant‘s appearance in court, which forfeiture has not been vacated; or
(C) entering into a diversion agreement in lieu of further criminal proceedings alleging a violation of any offense specified in subsection (b) of Kan. Stat. Ann. § 75-7d03, and amendments thereto.
(2) The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.
(c) Proceedings under this section shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the batterer intervention program certification act shall be in accordance with the Kansas judicial review act.