74-50,193. Complaints against licensees; suspension, revocation or refusal to issue license, grounds. (a) Any person wishing to make a complaint against a licensee under this act, shall file the written complaint with the commission setting forth supporting details on a form provided by the commission. If the commission determines that the complaint warrants a hearing to ascertain whether the licensee shall be disciplined, the commission shall file a complaint as provided in the Kansas administrative procedure act. Any person holding more than one license issued by the commission and disciplined under one license will be automatically disciplined under all licenses.
(b) The commission may refuse to issue any license for one or any combination of reasons specified by this section. The commission shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of such applicant's right to file a complaint or an appeal for administrative hearing as provided in the Kansas administrative procedure act.
(c) The commission may deny, suspend, revoke or refuse renewal of any license issued under this act if the commission finds that the applicant or license holder has:
(1) Provided incorrect, misleading, incomplete or untrue information in the license application.
(2) Violated:
(A) Any provision of this act or any rule and regulation adopted thereunder; or
(B) any subpoena or order of the commission.
(3) Used any alcoholic beverage or any controlled substance before or during a bout.
(4) Has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed.
(5) Used fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this act.
(6) Provided false information on applications or medical forms.
(7) Been incompetent or engaged in any misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this act.
(8) Violated or enabled any person to violate any provision of this act or any rule and regulation adopted thereunder.
(9) Impersonated any license holder or allowed any person to use the licensee's license.
(10) Failed to put forth the best effort during a bout.
(11) Been disciplined by another state, territory, federal agency or country for any action against a holder of a license or other right to practice any profession regulated by this act upon grounds for which revocation or suspension is authorized in this state.
(12) Been adjudged mentally incompetent by a court of competent jurisdiction.
(13) Used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation primarily is directed.
(14) Used disruptive conduct at regulated sports contests, including the use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this act.
(15) Been issued a license based upon a mistake of fact.
(16) Used any grease, ointment, strong smelling liniment, drug which causes nausea or harmful reactions, liquid or powder or illegal substance during a regulated sports contest.
(d) Any action taken under this section which affects any license or imposes any administrative penalty shall be taken only after notice and an opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedures act.
(e) None of the following actions shall deprive the commission of any jurisdiction or right to institute or proceed with any disciplinary proceeding against such license, to render a decision suspending, revoking or refusing to renew such license, or to establish and make a record of the facts of any violation of law for any lawful purpose:
(1) The imposition of a civil penalty under this act;
(2) the lapse or suspension of any license issued under this act by operation of law;
(3) the licensee's failure to renew any license issued under this act; or
(4) the licensee's voluntary surrender of any license issued under this act. No such disciplinary proceeding shall be instituted against any licensee after the expiration of two years from the termination of the license.
History: L. 2004, ch. 88, § 13; L. 2011, ch. 40, § 8; Apr. 14.
Structure Kansas Statutes
Chapter 74 - State Boards, Commissions And Authorities
Article 50 - Department Of Commerce
74-5001a Purpose of department.
74-5002 Declaration of necessity and public policy.
74-5002c Successors and continuation of department and secretary of economic development.
74-5002d Rules and regulations, orders and directives continued in effect until superseded.
74-5002e Application of documentary references and designations.
74-5002m Rights preserved in legal actions and proceedings.
74-5002o Organization of department; policies governing administration.
74-5002q Rules and regulations to provide objective scoring matrix for awarding housing tax credits.
74-5002r Rules and regulations.
74-5002w Rights preserved in legal actions and proceedings.
74-5002x Transfer of officers and employees; rights and benefits preserved.
74-5002y Authorization to contract for data processing services and training.
74-5005 Powers and duties of department.
74-5007a Purpose and powers of business development division.
74-5009 Division of community development; powers.
74-5011 Same; duties; cooperation by political subdivisions.
74-5012 Same; authorization to enter into certain agreements.
74-5015 Officers and employees, retention of benefits and rights.
74-5016 Property, records and unexpended balances of appropriations transferred.
74-5017 Resolution of conflicts by governor.
74-5018 Rights saved in legal actions and proceedings.
74-5020 Department and office of secretary of economic development abolished.
74-5021 Community resource act; citation.
74-5022 Same; legislative findings and declaration; purpose of act.
74-5025 Same; training and technical assistance; contracts.
74-5026 Same; application for grants; form, manner, time; approval; certified budget.
74-5027 Same; contents of application.
74-5028 Same; grants; amounts; limitations; allocation; reports.
74-5029 Declaration of public policy; development of agricultural products.
74-5033 Contracts for promotional advertising services; bidding exemption.
74-5038 Same; determination of forms to be filed; maintenance of file.
74-5039 "State agency" defined.
74-5048 Division of trade development; powers.
74-5058 Kansas private activity bond allocation act; citation.
74-5062 Same; review of allocation; assistance of advisory committee.
74-5068 Cooperation and assistance required of certain state agencies.
74-5096 Grant administration by department.
74-5098 Authorized uses of grant proceeds; limitations.
74-5099 Cooperative undertakings by city-county economic development organizations.
74-50,100 Authority to award grants terminated.
74-50,101 Evaluation of plans by secretary; report to governor and legislature.
74-50,106 Review and approval of proposed agreements by secretary of commerce; eligibility.
74-50,111 Annual report of IMPACT program activities.
74-50,113 Kansas enterprise zone act.
74-50,115 Same; sales tax exemption; requirements.
74-50,116 Nonmetropolitan regional business program; criteria.
74-50,117 Quarterly list of designated nonmetropolitan regions to revenue.
74-50,118 Nonmetropolitan regions; annual report.
74-50,119 Same; rules and regulations.
74-50,131 Definitions; qualifications; certification of eligibility; rules and regulations.
74-50,132 Tax credits for qualified firms.
74-50,163 Agriculture marketing and promotions advisory board; members; duties.
74-50,181 Title and citation of act.
74-50,183 Athletic commission, established; members, qualifications; terms; compensation.
74-50,184 Same; background investigations.
74-50,185 Inspectors, agents and other personnel; rules and regulations.
74-50,187 Rules and regulations.
74-50,189 Licenses; conditions of issuance.
74-50,190 Sports contests; three judges.
74-50,191 Medical suspensions; medical retirement.
74-50,192 Unlicensed regulated sports; injunctions, restraining or other orders.
74-50,193 Complaints against licensees; suspension, revocation or refusal to issue license, grounds.
74-50,194 Contestants, license required.
74-50,195 Certain sports exempt from regulation under act.
74-50,196 Liability insurance, surety bond or indemnity coverage.
74-50,201 Individual development account program act.
74-50,204 Same; account holder; purposes for withdrawal of moneys.
74-50,205 Same; establishment of account by financial institution; duties; deposits, limitations.
74-50,208 Same; income tax credit for contributions by program contributors.
74-50,209 Qualified older Kansan; access to workforce training; strategic plan required.
74-50,210 Title and intent of act.
74-50,212 Qualified company; eligibility requirements; benefits; retention incentives.
74-50,214 Documentation submitted to department of revenue; rules and regulations.
74-50,215 Annual review of qualified company; books and records; audits.
74-50,220 Recovery zone bonds; allocation; rules and regulations.
74-50,221 Qualified energy conservation bonds; allocation; rules and regulations.
74-50,222 Rural opportunity zones; definitions.
74-50,224 Job creation program fund; expenditures; purposes; annual report.
74-50,225 Economic development incentive programs; application fees; rules and regulations.
74-50,226 Economic development incentive program information database; definitions.
74-50,228 Same; presentations by secretary to legislative committees.