65-1518. Administrative proceedings; procedure; review; civil enforcement; costs. (a) All administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated and affecting any licensee licensed under that article shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Judicial review and civil enforcement of any agency action under article 15 of chapter 65 of the Kansas Statutes Annotated shall be in accordance with the Kansas judicial review act.
(c) If any order of the board in any administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated is adverse to the licensee the costs incurred by the board in conducting any proceeding under the Kansas administrative procedure act may be assessed against the parties to the proceeding in such proportion as the board may determine upon consideration of all relevant circumstances, including the nature of the proceeding and the level of participation by the parties. If the board is the unsuccessful party, the costs shall be paid from the optometry fee fund. For purposes of this subsection, costs incurred shall mean the presiding officer fees and expenses, costs of making any transcripts, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services pursuant to K.S.A. 74-1504, and amendments thereto. Costs incurred shall not include presiding officer fees and expenses or costs of making and preparing the record unless the board has designated or retained the services of independent contractors to perform such functions. The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History: L. 1990, ch. 223, § 14; L. 2010, ch. 17, § 133; L. 2012, ch. 8, § 8; July 1.
Structure Kansas Statutes
Article 15 - Regulation Of Optometrists
65-1502 Who deemed practitioners.
65-1504b Unlawful to dispense opthalmic lens or lenses without prescription order.
65-1509a Continuing education requirements.
65-1511 Partial invalidity of act.
65-1516 Professional incompetence; unprofessional conduct; defined.
65-1517 Revocation, suspension or limitation of license; censure; grounds.
65-1518 Administrative proceedings; procedure; review; civil enforcement; costs.
65-1519 Federal trade regulations; defense of certain acts.
65-1520 Mental or physical examination of licensee; computation of time limit for hearing.
65-1521 Reinstatement of license after revocation.
65-1523 Injunctive relief for violations of act, rules and regulations.
65-1524 Practice of optometry by corporation or limited liability company prohibited, exceptions.