31-141. Same; powers of fire marshal in conduct of hearing; subpoena of witnesses and records; record of proceedings; statement; failure to comply with subpoena, effect; order by district court; service of process; costs, taxation. (a) Whenever the state fire marshal or the state fire marshal's authorized representative is authorized to conduct a hearing under the provisions of K.S.A. 31-138, and amendments thereto, the state fire marshal shall have the power to administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents which are deemed relevant to the inquiry. The state fire marshal at such hearing may, and upon the request of any party shall, cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. If no stenographic record is made and if a judicial review is sought, the state fire marshal shall prepare a statement of the evidence and proceedings for use on review. In case of a refusal of any person to comply with any subpoena issued hereunder or to testify with respect to any matter concerning which such person may be lawfully interrogated, the district court of Shawnee county or the county wherein such party resides, on application of the state fire marshal, may issue an order requiring such person to comply with such subpoena and to testify. Any failure to obey any such order of the court may be punished by the court as a contempt thereof. Nothing contained in this act shall require the observance at any such hearing of formal rules of pleading or evidence. Notice of such hearings and any other process caused to be issued by the state fire marshal shall be served in substantial compliance with the requirements for service of process in district court.
(b) Whenever any person shall appeal an order or ruling issued pursuant to the provisions of this act, as provided in K.S.A. 31-140, and amendments thereto, and after a hearing the decision of the state fire marshal is adverse to such person, the costs of the hearing, including witness fees, shall be taxed to such person.
History: L. 1972, ch. 157, § 10; L. 1988, ch. 356, § 70; July 1, 1989.
Structure Kansas Statutes
Article 1 - Fire Safety And Prevention
31-132 Fire safety and prevention; definitions.
31-132a Fire safety and prevention; apartment house, defined.
31-133 Fire marshal; power and duties; rules and regulations.
31-134a Same; compliance with certain building codes deemed compliance with fire prevention code.
31-135 Advisory committees to assist fire marshal; membership; no compensation.
31-136 Same; exemptions from regulations, when; procedure.
31-140 Same; appeals from orders; notice and hearing; decisions; compliance.
31-142 Judicial review of fire marshal's action.
31-145 Powers of actual members of organized fire departments.
31-147 Compliance with regulations by hotels, lodging facilities and restaurants.
31-150a Violations of fire prevention code; criminal penalty; injunction.
31-159 Violations of fire prevention code, administrative penalties.
31-160 Smoke detectors; citation of act.
31-163 Same; violations; penalties.
31-164 Same; act in addition to local law.
31-165 Toll-free number; hazardous materials incidents.
31-170 Use of pyrotechnics; places of public assembly.
31-171 Roofing material; wood shakes or wood shingles; restrictive covenants, unenforceable, when.