Terms Used In Kansas Statutes 65-5310

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Asbestos: means that asbestiform varieties of: Chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite. See Kansas Statutes 65-5301
  • Asbestos project: means an activity undertaken to remove or encapsulate friable asbestos containing materials. See Kansas Statutes 65-5301
  • Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Kansas Statutes 65-5301
  • License: means an authorization issued by the secretary permitting a business entity to engage in an asbestos project. See Kansas Statutes 65-5301
  • Secretary: means the secretary of health and environment. See Kansas Statutes 65-5301
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

(a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for license or licensee, whichever is applicable, has:

(1) Fraudulently or deceptively obtained or attempted to obtain a license;

(2) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act;

(3) failed at any time to meet any applicable federal or state standard for removal or encapsulation of asbestos; or

(4) employed or permitted an untrained individual person to work on an asbestos project.

(b) Before any license is denied, suspended or revoked, the secretary shall conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act.

(c) Any individual person or business entity aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the provisions of the Kansas judicial review act.

(d) (1) If the secretary finds that the public health or safety is endangered by the continuation of an asbestos project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication procedures of the provisions of the Kansas administrative procedure act, the license of the business entity engaging in such asbestos project.

(2) In no case shall a temporary suspension of a license under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license shall be reinstated unless the secretary has suspended or revoked the license, after notice and hearing, or the license has expired as otherwise provided under this act.