(a) Except as provided in subsection (b), in all hearings of any state agency that are required to be conducted in accordance with the provisions of the Kansas administrative procedure act, the presiding officer shall be the agency head, one or more members of the agency head or a presiding officer assigned by the office of administrative hearings.

(b) The provisions of this section shall not apply to the employment security law, pursuant to Kan. Stat. Ann. § 44-701 et seq., and amendments thereto or article 5 of chapter 44 and amendments thereto, except Kan. Stat. Ann. §§ 44-532 and 44-5,120, and amendments thereto, concerning the workers compensation act.

Terms Used In Kansas Statutes 77-551

  • Agency head: means an individual or body of individuals in whom the ultimate legal authority of the state agency is vested by any provision of law. See Kansas Statutes 77-502
  • Person: means an individual, partnership, corporation, association, political subdivision or unit thereof or public or private organization or entity of any character, and includes another state agency. See Kansas Statutes 77-502
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • State agency: means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches of state government and political subdivisions of the state, which is authorized by law to administer, enforce or interpret any law of this state. See Kansas Statutes 77-502

(c) Notwithstanding subsection (a) the agency head or one or more members of the agency head who will serve as a presiding officer may designate any other person to serve as a presiding officer to determine procedural matters that may arise prior to the hearing on the merits, including but not limited to conducting prehearing conferences pursuant to Kan. Stat. Ann. §§ 77-516 and 77-517, and amendments thereto.