46-257. Same; examination and copying of evidence and hearing transcript by respondent; subpoenas; hearing before subcommittee of commission; powers of presiding officer; witness fees and mileage; depositions; contempt. After a verified complaint alleging violation of any provision of this 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. 46-256, 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. 46-256 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 officer of any subcommittee of the commission shall have the power to: (a) Administer oaths and affirmations; and (b) 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.
History: L. 1974, ch. 353, § 43; L. 1990, ch. 306, § 11; May 31.
Structure Kansas Statutes
Article 2 - State Governmental Ethics
46-215 Application of definitions.
46-216 "Compensation" defined.
46-217 "Economic opportunity" defined.
46-218 "Preceding calendar year" defined.
46-219 "Legislative matter" defined.
46-221 State officer or employee, candidate and state officer elect defined.
46-222 "Lobbyist" defined; exceptions.
46-224 "State agency" and "rules and regulations" defined.
46-225 "Lobbying" defined; exceptions; employment of legislator as a lobbyist prohibited.
46-226 "Representation case" defined.
46-227 "Associated person" defined.
46-228 "Special interest" defined.
46-229 "Substantial interest" and "client or customer" defined.
46-232 Lobbying by state officer or employee; prohibited acts; exception.
46-234 Restrictions on appointments of state officers to other state offices.
46-235 Restrictions on compensation of state officers and employees.
46-240 Same; restrictions on compensation.
46-241 Disclosure or use of confidential information by state officer or employee.
46-243 Censure or forfeiture of office or employment for violation.
46-244 Same; commencement and final determination of action.
46-247 Individuals required to file written statements of substantial interests; exception.
46-248a Same; failure to file on time; notice.
46-249 Same; content of statement.
46-250 Same; forms; amendments.
46-251 Failure to file true statement of substantial interests defined and classified as crime.
46-252 Same; availability for public examination and copying; procedure.
46-253 "Commission" defined; rules and regulations.
46-254 Opinions; effect of compliance with opinion; filing, publication and disposition.
46-255 Verified complaints; filing with commission; conditions; transmittal of copy to respondent.
46-258 Hearings by commission; limitations on oral evidence; rights of parties; open to public.
46-262 Statement of commission's findings of facts after hearing; disposition.
46-263 Action upon commission's findings.
46-267 Lobbyists; contingent fees and referral fees prohibited; lobbying contracts.
46-271 Lobbying restrictions; gifts or contributions; hospitality; exceptions.
46-273 Same; improper influence over state agency in representation case.
46-274 Unlawful lobbying defined and classified as crime.
46-275 Giving false lobbying information defined and classified as crime.
46-276 Violations of certain sections classified as crimes.
46-277 Intent required for act, action or conduct to constitute violation.
46-280 Failure to register or file reports; late filing; civil penalty.
46-281 Application of definitions in 46-282 to 46-285.
46-283 "Major policy making" position defined.
46-287 Advertising to influence legislative action; prohibited acts.
46-288 Violations of state governmental ethics laws; civil fine.
46-289 Same; cease and desist order; emergencies.
46-290 Same; injunction; restraining order; mandamus.
46-292 Same; appeal of commission orders.
46-293 Severability of chapter 150 of the Laws of 1991.
46-294 Contracts involving state universities; state employee; restrictions.