25-4163. Same; rights of respondent; hearing procedure; compulsory process; hearings to be public. (a) After a verified complaint alleging violation of a provision of the campaign finance act has been filed with the commission, the respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint, including the transcript of the hearing, if any. If a hearing is to be held pursuant to K.S.A. 25-4161, the commission, before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the request of any party. Any hearing held under K.S.A. 25-4161, may be conducted and held by a subcommittee of not less than five members of the commission, of whom not more than a majority shall be of the same political party. Final determination of all complaints shall be made by the commission as a whole. The chairperson of the commission or other member presiding over the commission or the presiding member of any subcommittee of the commission shall have the power to: (1) Administer oaths and affirmations; and (2) compel, by subpoena, the attendance of witnesses and the production of pertinent books, papers and documents. Witnesses shall be entitled to receive fees and mileage as provided by law for witnesses in civil actions, which shall be paid out of appropriations to the commission. Depositions may be taken and used in the same manner as in civil actions. Any person subpoenaed to appear and give testimony or to produce books, papers or documents, who fails or refuses to appear or to produce such books, papers or documents, or any person, having been sworn to testify, who refuses to answer any proper question, may be cited for contempt of the district court of Shawnee county, Kansas. The commission shall report to such court the facts relating to any such contempt. Thereupon proceedings before such court shall be had as in cases of other civil contempt.
(b) At every hearing held by the commission: (1) Oral evidence shall be taken only on oath or affirmation.
(2) Each party shall have the right to be represented by legal counsel, to call and examine witnesses, to introduce evidence and to cross-examine opposing witnesses.
(c) All hearings shall be open to the public.
History: L. 1981, ch. 171, § 22; L. 1990, ch. 306, § 9; May 31.
Structure Kansas Statutes
Article 41 - Election Campaign Finance; General
25-4119b Same; transfer of powers, duties and functions; former opinions and rules and regulations.
25-4119d Membership on commission; qualifications for.
25-4119e Governmental ethics commission fee fund; expenditures.
25-4119f Candidate filing fees for support of commission; credit to commission fee fund.
25-4119g Statement of fair campaign practices; preparation; mailing to candidates.
25-4143 Campaign finance; definitions.
25-4148 Reports required of treasurer; when filed; contents; electronic filing, when required.
25-4148c Independent expenditures by party or political committees; reporting requirements.
25-4149 Allocation of contributions and other receipts and expenditures.
25-4151 Reports; declaration of correctness; forms; late filing; preservation.
25-4153a Contributions; limitations during legislative sessions.
25-4153b Contributions and expenditures; legislators, candidates; prohibitions.
25-4155 Debts and obligations; statements required.
25-4158a Campaign finance forms; electronic filing.
25-4159 Commission opinions; publication and filing; effect of acts that accord with opinions.
25-4160 Complaints of violations; copy to respondent.
25-4162 Same; withdrawal of complaints; civil action for malicious prosecution; when.
25-4163 Same; rights of respondent; hearing procedure; compulsory process; hearings to be public.
25-4164 Actions of commission following hearing.
25-4167 Failure to file a campaign finance report; misdemeanor.
25-4168 Fraudulent campaign finance reporting; misdemeanor.
25-4170 Excessive campaign contributions; misdemeanor.
25-4174 Same; when amount exceeded; filing of past and future reports.
25-4176 Same; when amount exceeded; filing of past and future reports.
25-4177 Failure to file affidavit of intent; misdemeanor.
25-4178 Continuation in force and effect of advisory opinions and rules and regulations.
25-4182 Same; cease and desist order; emergencies.
25-4183 Same; injunction; restraining order; mandamus.
25-4185 Same; appeal of commission orders.
25-4187 Inaugural expense fund; administration by adjutant general; authorized uses.
25-4189 Public service announcements or advertisements; when prohibited.