Kansas Administrative Regulations

Regulation Number:36-2-11
Agency Title: KANSAS DEPARTMENT OF TRANSPORTATION
Article Title: Vehicles Carrying Emergency Equipment
Tax Type:Vehicles
Brief Description:
Same; request for hearing before the secretary.
Keywords:


Body:

36-2-11
Same; request for hearing before the secretary. (a) The owner of any desig-
nated emergency vehicle which has been cancelled, as provided in K.A.R. 36-2-10, may file a
written request for a hearing within 15 days after the mailing of a copy of the order of cancellation.
The filing of the request shall suspend the operation of the order of cancellation.
(b) The owner of the vehicle and any person who has made a complaint as to the operation of
the vehicle shall be given not less than 10 days written notice by the secretary, or the secretary's
designee, of the time and place of hearing. The notice shall be delivered by registered or certified
mail, return receipt requested, and shall be addressed to the person at the person's last known
address, as shown by the files of the secretary. (c) The owner of the vehicle, and other inter-
ested parties, may appear at the hearing in person and present their reasons for, and in opposition
to, the cancellation of the designation. Corporations and municipalities may be represented by an
officer or agent, or by an attorney duly authorized to practice law in Kansas.
(d) The secretary or the secretary's designee shall, at the conclusion of the hearing, either af-
firm or vacate the order cancelling the designation of the emergency vehicle. If the order is vacated,
the designation of the vehicle as an emergency vehicle shall be reinstated. However the secretary
or the secretary's designee may at the conclusion of the hearing take the matter under advisement
and make a final ruling within 10 days. (Author- ized by K.S.A. 1982 Supp. 68-404; implementing
K.S.A. 8-1404, 8-1502, 8-1506, 8-1720, 8-1738(d), 8-2010; effective Jan. 1, 1972; amended May 1,
1976; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984.)