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Kansas RegisterVol. 39, No. 41 Pages 1249-1284October 8, 2020

Kansas Register

Kansas Register

Vol. 39, No. 41, October 8, 2020© Kansas Secretary of State 2020

1250

In this issue … Page

Register Office:1st Floor, Memorial Hall

785-368-8095Fax 785-296-8577

[email protected]

Published byScott Schwab

Secretary of State1st Floor, Memorial Hall

120 SW 10th Ave.Topeka, KS 66612-1594

785-296-4564www.sos.ks.gov

The Kansas Register (USPS 0662-190) is an official publication of the state of Kansas, published by au-thority of K.S.A. 75-430. The Kansas Register is published weekly and a cumulative index is published an-nually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals post-age paid at Topeka, Kansas.

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Table of Contents

Legislative BranchLegislative Administrative Services

Interim committee schedule ................................................................................................................... 1251

RatesPooled Money Investment Board

Notice of investment rates ...................................................................................................................... 1251

NoticesKansas Department of Administration – Office of Accounts and Reports

Notice of petroleum storage tank release trust fund unobligated balances .................................... 1251Wichita State University

Notice of intent to lease land and/or building space .......................................................................... 1252Board of Regents Universities

Notice to bidders ...................................................................................................................................... 1252Kansas Department of Administration – Office of Procurement and Contracts

Notice to bidders for state purchases .................................................................................................... 1252Kansas Department for Children and Families

Notice of hearing on updated TANF State Plan .................................................................................. 1253Kansas Department of Revenue – Division of Property Valuation

Notice of hearing on proposed appraisal directive ............................................................................. 1253Historic Sites Board of Review

Notice of meeting ..................................................................................................................................... 1253Kansas Department of Health and Environment

Notice concerning water pollution control permits and applications ............................................. 1254Notice of proposed permit issuance ...................................................................................................... 1256

Kansas Department of RevenueNotice of available publications ............................................................................................................. 1257

Kansas Department of Health and Environment – Division of Health Care FinanceNotices of amendments to the Medicaid State Plan...................................................................1257-1258

Kansas Department of TransportationNotice to consulting firms for guardrail design services ................................................................... 1258Notice to consulting firms for statewide rail and freight plan updates ........................................... 1259Notice to consulting firms for KC Scout communication network replacement ............................ 1260Notice to consulting firms for statewide sign replacement and ITS device installation ............... 1262Request for applications for Federal Transit Administration programs ......................................... 1263

Executive BranchSecretary of State

Notice of annual statement of ownership, management, and circulation ....................................... 1263

BondsCity of Scandia, Kansas

Notice of intent to seek private placement general obligation bonds .............................................. 1264Wabaunsee County, Kansas

Summary notice of bond sale ................................................................................................................. 1264Leavenworth County, Kansas

Summary notice of bond sale ................................................................................................................. 1265

RegulationsKansas State Board of Healing Arts

Notice of hearing on proposed administrative regulations ............................................................... 1266Kansas Department of Agriculture

Notice of hearing on proposed administrative regulations ............................................................... 1266Kansas Board of Regents

Permanent administrative regulations .........................................................................................1269-1270Kansas Department of Wildlife, Parks and Tourism

Permanent administrative regulations .................................................................................................. 1271

Index to administrative regulations ...................................................................................1279

Cover Artwork: Bill Snyder Family Stadium, ManhattanPhoto by Todd Caywood

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1251Kansas Register

Vol. 39, No. 41, October 8, 2020 © Kansas Secretary of State 2020

Legislative Branch/Rates/Notices

State of KansasPooled Money Investment Board

Notice of Investment RatesThe following rates are published in accordance with

K.S.A. 75-4210. These rates and their uses are defined in K.S.A. 12-1675(b)(c)(d) and K.S.A. 12-1675a(g).

Effective 10-05-20 through 10-11-20 Term Rate 1-89 days 0.09% 3 months 0.07% 6 months 0.08% 12 months 0.11% 18 months 0.12% 2 years 0.12%

Scott MillerDirector of Investments

Doc. No. 048489

State of KansasDepartment of AdministrationOffice of Accounts and Reports

Public NoticeUnder requirements of K.S.A. 65-34,117(c), as amend-

ed, records of the Office of the Chief Financial Officer show the unobligated balances are $4,209,384.05 in the Underground Petroleum Storage Tank Release Trust Fund and $960,035.43 in the Aboveground Petroleum Storage Tank Release Trust Fund at September 30, 2020.

Annette Witt, ManagerOffice of Accounts and Reports

Doc. No. 048505

State of KansasLegislative Administrative Services

Interim Committee ScheduleThe Legislative Research Department gives notice that the following legislative committees plan to meet on the dates

listed below based on current information and subject to change. Requests for accommodation to participate in commit-tee meetings should be made at least two working days in advance of the meeting by contacting Legislative Administra-tive Services at 785-296-2391 or TTY 711, or email [email protected].

Date Room Time Committee AgendaOct. 5 112-N 9:00 a.m. Kansas Mental Health

Modernization and Reform Committee

Review follow-up information from previous meetings; Receive updates on the progress of the working groups examining finance and sustainability, policy and treatment, and system capacity and transformation; Roundtable discussion on the future of the state mental health system; Review additional mental health information.

Oct. 5 582-N 10:00 a.m. Joint Committee on Administrative Rules and Regulations

Department of Agriculture, Division of Animal Health; Department of Transportation; Department of Health and Environment, Bureau of Air; Board of Cosmetology; State Corporation Commission; Wildlife, Park, and Tourism Commission; Kansas Board of Barbering; Department of Health and Environment, Division of Health Care Finance.

Oct. 6 548-S 10:00 a.m. Legislative Budget Committee

Update on COVID-19 impacts on selected state agencies; Budget matters.

Oct. 7 548-S 9:00 a.m. Legislative Budget Committee

Update on COVID-19 impacts on selected state agencies; Budget matters.

Oct. 12 Remote Mtg 1:30 p.m. Kansas Criminal Juvenile Reform Commission

TBD

Oct. 19 548-S 9:30 a.m. Senate Confirmation Oversight

TBD

Oct. 20-21 112-N TBD Special Committee on Foster Care Oversight

TBD

Tom Day, DirectorLegislative Administrative Services

Doc. No. 048503

1252 Kansas Register


Notices

State of KansasWichita State University

Notice of Intent to Lease Land and/or Building SpacePublic notice is hereby given that Wichita State Univer-

sity (WSU) intends to lease available land and building space. The university will consider leasing such property and/or space to those whose presence on campus would advance the university’s applied learning vision or its mis-sion as an educational, cultural, and economic driver for Kansas and the greater public good, or otherwise provide supporting services and amenities to the campus commu-nity (such as restaurants, retail establishments, financial institutions, etc.). Because tenant use must be a good fit with the university’s educational mission and available space, please be prepared to provide the following infor-mation: (1) name; (2) square footage of space needs and desired lease term and location; (3) equipment, design, or other special needs; (4) description of anticipated use; and (5) the anticipated benefits to the university, its students, and the WSU community (e.g. applied learning, joint re-search, faculty start-up, etc.). The university will consider serious offers and inquiries from any financially qualified individual, group, organization, or company. If interested, please contact Vice President for Research & Technology Transfer, Dr. John Tomblin, [email protected] or Property Manager Crystal Stegeman, [email protected]. This publication is being published pursuant to K.S.A. 75-430a(d), to the extent applicable.

Crystal StegemanUniversity Property Manager

Office of the Vice President forAdministration and Finance

Wichita State UniversityDoc. No. 047620

State of KansasBoard of Regents Universities

Notice to BiddersThe universities of the Kansas Board of Regents en-

courage interested vendors to visit the various universi-ties’ purchasing offices’ websites for a listing of all trans-actions, including construction projects, for which the universities’ purchasing offices, or one of the consortia commonly utilized by the universities, are seeking infor-mation, competitive bids, or proposals. The referenced construction projects may include project delivery con-struction procurement act projects pursuant to K.S.A. 76-7,125 et seq.Emporia State University – Bid postings: https://www.emporia.edu/about-emporia-state-university/business- office/purchasing/. Additional contact info: phone: 620-341-5134, fax: 620-341-6770, email: [email protected]. Mailing address: Emporia State University Purchasing, Campus Box 4021, 1 Kellogg Circle, Empo-ria, KS 66801.Fort Hays State University – Electronic bid postings: http://www.fhsu.edu/purchasing/bids/. Additional con-tact info: phone: 785- 628-4251, fax: 785-628-4046, email:

[email protected]. Mailing address: Fort Hays State University Purchasing Office, 601 Park St., Sheridan Hall 318, Hays, KS 67601.Kansas State University – Bid postings: https://www. k-state.edu/purchasing/rfq. Due to Covid-19, Kansas State University will not be accepting paper bids until further notice. Division of Financial Services/Purchasing, 2323 Anderson Ave., Kansas State University, Manhat-tan, KS 66506. Additional contact info: phone: 785-532- 6214, fax: 785-532-5577, email: [email protected] State University – Bid postings: https://www.pittstate.edu/office/purchasing/. Additional contact info: phone: 620-235-4169, email: [email protected]. Mailing address: Pittsburg State University, Purchasing Office, 1701 S. Broadway, Pittsburg, KS 66762.University of Kansas – Electronic bid postings: http://www.procurement.ku.edu/. Due to Covid-19, the Uni-versity of Kansas will not be accepting paper bids until further notice. KU Purchasing Services, 1246 W. Cam-pus Road, Room 30, Lawrence, KS 66045. Additional contact info: phone: 785-864-5800, fax: 785-864-3454, email: [email protected] of Kansas Medical Center – Bid post-ings: http://www.kumc.edu/finance/purchasing/bid- opportunities.html. Additional contact info: phone: 913-588-1117. Mailing address: University of Kansas Medi-cal Center, Purchasing Department, Mail Stop 2034, 3901 Rainbow Blvd., Kansas City, KS 66160.Wichita State University – Bid postings: http://www.wichita.edu/purchasing. Additional contact info: phone: 316-978-3080, fax: 316-978-3528, email: [email protected]. Mailing address: Wichita State University, Office of Purchasing, 1845 Fairmount Ave., Campus Box 12, Wichita, KS 67260-0012.

Debbie RedekerChair of Regents Purchasing Group

Purchasing DirectorEmporia State University

Doc. No. 048393

State of KansasDepartment of Administration

Procurement and ContractsNotice to Bidders

Sealed bids for items listed will be received by the Di-rector of Procurement and Contracts until 2:00 p.m. on the date indicated. For more information, call 785-296-2376:10/20/2020 EVT0007631 High Performance Cold Asphaltic Concrete Mix for Pothole Maintenance10/20/2020 EVT0007632 Ready Mix Concrete and Flowable Fill10/21/2020 EVT0007623 Natural Gas Management Services10/27/2020 EVT0007621 Beef Supply Permit Drill Material Development11/03/2020 EVT0007615 Transcript Services11/04/2020 EVT0007624 Landfill Disposal Services

https://www.emporia.edu/about-emporia-state-university/business-office/purchasing/



http://www.fhsu.edu/purchasing/bids/

https://www.k-state.edu/purchasing/rfq

https://www.k-state.edu/purchasing/rfq

https://www.pittstate.edu/office/purchasing/

https://www.pittstate.edu/office/purchasing/

http://www.procurement.ku.edu/

http://www.procurement.ku.edu/

http://www.kumc.edu/finance/purchasing/bid-opportunities.html

http://www.kumc.edu/finance/purchasing/bid-opportunities.html

http://www.wichita.edu/purchasing

http://www.wichita.edu/purchasing

1253Kansas Register


Notices

The above referenced bid documents can be down-loaded at the following website:http://admin.ks.gov/offices/procurement-and-contracts/

bid-solicitationsAdditional files may be located at the following web-

site (please monitor this website on a regular basis for any changes/addenda):http://admin.ks.gov/offices/procurement-and-contracts/

additional-files-for-bid-solicitationsInformation regarding prequalification, projects, and

bid documents can be obtained at 785-296-8899 or http://admin.ks.gov/offices/ofpm/dcc.

Richard Beattie, DirectorOffice of Procurement and Contracts

Doc. No. 048506

State of KansasDepartment for Children and Families

Notice of HearingThe State of Kansas will submit by December 31, 2020,

an updated state plan for the administration of Temporary Assistance for Needy Families (TANF). TANF is a block grant to states that provides assistance to low-income fam-ilies with children and provides parents with job prepa-ration, work, and supportive services to enable them to leave the program and become self-reliant. The plan out-lines how the TANF program will be administered by Kansas Department for Children and Families (DCF) in accordance with Title IV of the Social Security Act.

Copies of the state plan are available by contacting DCF via email to [email protected]. Comments may be sent either by mail to Kansas Department for Children and Families, Attn: Lucas Osborn, 555 S. Kansas Ave., Topeka, KS 66603 or via email to [email protected]. Please identify in the subject line of your correspondence: “TANF State Plan.” Comments will be accepted through October 23, 2020.

Laura HowardSecretary

Doc. No. 048491

State of KansasDepartment of Revenue

Division of Property ValuationNotice of Hearing

A public hearing will be conducted at 2:00 p.m. Tues-day, December 15, 2020, to consider an appraisal direc-tive analyzing and defining what constitutes a permanent foundation on mobile homes and manufactured homes for purposes of K.S.A. 79-340 and K.S.A. 58-4214. Due to COVID-19, the hearing will be held virtually. Partic-ipants wanting to participate shall contact Roger Hamm at the Division of Property Valuation, 300 SW 29th St., PO Box 3506, Topeka, KS 66601-3506, phone 785-296-4245 for instructions.

This 60-day notice of the public hearing shall constitute a public comment period for the purposes of receiving

written public comments on the proposed appraisal di-rective. All interested parties may submit written com-ments prior to the hearing to the Division of Property Valuation, Attn: Roger Hamm, 300 SW 29th St., PO Box 3506, Topeka, KS 66601-3506. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed appraisal direc-tive during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to limit any oral presentation to five minutes.

The proposed appraisal directive may be accessed on the Division of Property Valuation website at https://www.ksrevenue.org/pdf/dir20-052.pdf. Copies of the proposed appraisal directive may also be obtained by contacting the Division of Property Valuation at the ad-dress indicated above.

The proposed appraisal directive has no economic im-pact.

David N. Harper, DirectorDivision of Property Valuation

Doc. No. 048494

State of KansasHistoric Sites Board of Review

Notice of MeetingThe Kansas Historic Sites Board of Review will meet

at 9:00 a.m. Saturday, November 7, 2020, to be held vir-tually via the Kansas Historical Society, Topeka. Please note, the Kansas Historical Society is taking extra steps to keep the public, staff members, and their families safe. We are opening in phases based on the state and county health guidelines. We encourage you to attend the meeting virtually. The link will be posted on our website 14 days before the meeting, and can be found at https://www.kshs.org/14633.

The Board will consider the following items:I. Approval of Minutes from August 1, 2020 meetingII. Update on KSHS Program ActivitiesIII. Consideration of National Register Nominations

(* denotes properties within a Certified Local Gov-ernment boundary)1. Reuter Organ Company Buildings – Lawrence,

Douglas County* KHRI # 045-68672. Gardner Hill Department Store – Eudora,

Douglas County* KHRI # 045-35763. Winter School No. 70 – Lecompton, Douglas

County* KHRI # 045-56574. Lyon Creek Bridge – Wreford, Geary County

KHRI # 061-0000-001535. Rocky Ford Bridge – Emporia, Lyons County

KHRI # 111-0000-000826. Fire Station No. 1 – Topeka, Shawnee County*

KHRI # 177-5400-017247. Star Block Building – Osage City, Osage County

KHRI # 139-4210-00019(continued)

http://admin.ks.gov/offices/procurement-and-contracts/bid-solicitations

http://admin.ks.gov/offices/procurement-and-contracts/bid-solicitations

http://admin.ks.gov/offices/procurement-and-contracts/additional-files-for-bid-solicitations

http://admin.ks.gov/offices/procurement-and-contracts/additional-files-for-bid-solicitations

http://admin.ks.gov/offices/ofpm/dcc

http://admin.ks.gov/offices/ofpm/dcc

https://www.ksrevenue.org/pdf/dir20-052.pdf

https://www.ksrevenue.org/pdf/dir20-052.pdf

https://www.kshs.org/14633



Notices

8. Howard National Bank – Howard, Elk County KHRI # 049-2570-00001

9. Louis Werner Barn – Murdock (vicinity), King-man County KHRI # 095-73

10. Sappa Creek Massacre Site – Rawlins County KHRI # 153-31

IV. Consideration of State Register Nominations1. Blue Rapids Ice House – Blue Rapids, Marshall

County KHRI # 117-304V. Delisting of National Register Nominations

1. Thompson-Wohlschlegel Round Barn – Harper, Harper County KHRI # 077-0000-00030

The Kansas State Historical Society welcomes indi-viduals with disabilities to participate in its activities. If you have a visual, aural, or other impairment and wish to participate in this meeting, please contact the Cultural Resources Division of the Kansas State Historical Society, 6425 SW 6th Ave., Topeka, KS 66615-1099 or by telephone at 785-272-8681 ext., 240 at least two weeks prior to the meeting to discuss how we can ensure your participation.

Jennie ChinnExecutive Director

Doc. No. 048490

State of KansasDepartment of Health and Environment

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications

In accordance with Kansas Administrative Regula-tions 28-16-57 through 63, 28-18-1 through 17, 28-18a-1 through 33, 28-16-150 through 154, 28-46-7, and the au-thority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been pre-pared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below.

The proposed actions concerning the draft documents are based on staff review, applying the appropriate stan-dards, regulations, and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Dis-charge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation, and reissuance of the des-ignated permit or termination of the designated permit.

Public Notice No. KS-AG-20-211/215Pending Permits for Confined Feeding Facilities

Name and Address of Applicant

Legal Description Receiving Water

Frank Harper Beef Cattle FacilityFrank Harper8426 S. Ridge Rd.Sedgwick, KS 67135

SW/4 of Section 22T24S, R01WHarvey County

Lower ArkansasRiver Basin

Kansas Permit No. A-LAHV-B010

The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of beef cattle greater than 700 pounds. This approximately 17 acre beef confined feeding facility includes 12 acres of open lot pens, two collection channels, a sediment basin, and a waste storage pond or retention control structure (RCS 1). RCS 1 is designed to store the expected sediment accumulation, process wastewater accumulation, and runoff from the 25-year, 24-hour rain-fall from the drainage areas. RCS 1 is designed as an approximately 2.7 acre (~238’ wide x ~500’ long) and 11’ deep RCS, with 3:1 side slopes, and a capacity of 19.1 acre-ft (at a 2’ freeboard level). This facility has an approved Waste Management Plan on file with KDHE.



Eric Gassmann3051 CR 42Grainfield, KS 67737

NE/4 of Section 3T11S, R29WGove County

Saline River Basin

Kansas Permit No. A-SAGO-B002

This is a renewal permit for an existing facility with a maximum capac-ity of 999 head (999 animal units) of cattle more than 700 pounds. There has been no change in the permitted animal units.



Derik Klaassen413 28th Ave.Moundridge, KS 67107

SE/4 of Section 10T21S, R01WMcPherson County

Little ArkansasRiver Basin

Kansas Permit No. A-LAMP-B007

The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.



Bleumer Farms, Inc. Tony Bleumer16504 7th Rd.Ingalls, KS 67853

E/2 of Section 11T26S, R30WGray County

Upper ArkansasRiver Basin

Kansas Permit No. A-UAGY-B002

This is a renewal permit for an existing facility for the maximum ca-pacity of 400 head (400 animal units) of cattle weighing more than 700 pounds and 500 head (250 animal units) of cattle weighing less than 700 pounds; for a total of 650 animal units of cattle. Runoff from the open lots is contained in two earthen retention structures and a preceding sedimentation basin.



Taylor Swine, LLCBrian Taylor576 W. 500 Rd.Phillipsburg, KS 67661

W/2 of Section 1T02S, R19WPhillips County

Upper RepublicanRiver Basin

Kansas Permit No. A-URPL-H008Federal Permit No. KS0096091

The proposed action is to reissue an existing NPDES permit for an exist-ing facility for 7,680 head (3,072 animal units) of swine weighing more than 55 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-20-017Per Kansas Statutes Annotated 65-171d, the following

registration has been received for a proposed facility:

1255Kansas Register


Notices

Name and Address of Registrant

Legal Description County

DeWayne Koehn1780 240th St.Hiawatha, KS 66434

NE/4 of the SE/4of Section 2T02S, R17E

Brown

Public Notice No. KS-Q-20-169/170

The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quali-ty Standards, K.A.R. 28-16-28(b-g), and Federal Surface Water Criteria.Name and Address of Applicant

Receiving Stream Type of Discharge

Chisholm Creek Utility Authority*5551 N. BroadwayPark City, KS 67219

*-acting on behalf of the cities of Park City and Bel Aire, KS

Chisholm Creek Treated DomesticWastewater

Kansas Permit No. M-LA19-OO02Federal Permit No. KS0089176

Legal Description: E½, SE¼, SE¼, S17, T26S, R1E, Sedgwick County, Kansas

Facility Name: CCUA Regional Wastewater Treatment Facility

The proposed action is to reissue a modified NPDES/State permit for an existing facility. This facility is a mechanical Sequencing Batch Reactor (SBR) treatment plant consisting of two mechanical screen units, emergency bar screen, Eutek grit removal system, three-unit sequencing batch reactors, SBR effluent equalization basin, three multi-unit UV disinfection, one primary and two secondary aerobic sludge digesters, belt filter press, covered sludge storage, and cas-cade reaeration. The proposed upgrades will consist of the construc-tion of two larger SBR basins equal to the size of the existing larger SBR basin #3 and converting the two existing SBR smaller basins into primary digesters with surface aerators and converting the existing primary digester into a second post equalization basin. Additional improvements include converting two existing secondary digesters to lime thickeners and the addition of a chemical feed system for phosphorus removal. The proposed facility upgrade will increase the SBR treatment capacity from 2.18 MGD to 3.24 MGD and dou-bling the primary digestion and post SBR equalization basins. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this modified facility for increased con-centrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses. The proposed permit contains limits for biochemical oxygen demand, total sus-pended solids, ammonia, whole effluent toxicity, priority pollutants, and E. coli, as well as monitoring for total phosphorus, nitrate + ni-trite, total Kjeldahl nitrogen, total nitrogen, mercury, and flow.


Receiving Stream Type of Discharge

Sunflower Redevelopment, LLC2600 Grand Blvd., Suite 700Kansas City, KS 64108-6400

Kansas River viaKill Creek; Spoon Creek;Unnamed Tributaries;Captain Creek; Hanson Creek

Process Wastewater

Kansas Permit No. I-KS12-PO08Federal Permit No. KS0028321

Facility Name: Former Sunflower Army Ammunition Plant

Facility Location: 35425 W. 103rd St., DeSoto, KS 66018

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is the formerly government-owned Sunflower Army Ammunition Plant (SFAAP) undergoing demoli-tion and remediation activities for closure. The facility is inactive but historically was a military industrial facility that produced military propellants and propellant ingredients utilizing nitroguanidine, ni-troglycerine and nitrocellulose. Discharges from the site will be mon-itored and controlled in accordance with an area-specific stormwater pollution prevention plan. The permitted discharges include storm-water runoff associated with past industrial activity, investigative and remedial activities including construction/demolition activity, pond dewatering, groundwater dewatering, wastewater structure dewatering, surface sweeps of groundwater, stormwater runoff from inactive industrial activity/process areas and from other activi-ties which cause soil disturbances. Closure requirements include de-commissioning of non-utilized portions of all wastewater treatment and pollution control systems and water supply and distribution systems. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-NQ-20-005The requirements of the draft permit public noticed

below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-g).Name and Address of Applicant

Legal Location Type of Discharge

Kansas Department of Wildlife, Parks and Tourism5800-A River Pond Rd.Manhattan, KS 66502

SW¼, SE¼, NW¼,S19, T9S, R8E,Pottawatomie County

Non-Overflowing

Kansas Permit No. M-KS38-NO01Federal Permit No. KSJ000405

Facility Name: Tuttle Creek State Park Wastewater Facility (River Pond Area)

The proposed action is to reissue a modified State/NPDES permit for an existing, non-discharging facility. The current facility is a two-cell wastewater stabilization lagoon system, with proposed facility upgrades to construct a new primary cell #1. KDHE Bureau of Water staff has determined health and safety will not be compromised for the River Pond Wastewater Stabilization Lagoon when expanded with the required variance of K.A.R. 28-16-174. This facility will re-main a non-discharging wastewater stabilization lagoon facility.

Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and En-vironment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Man-agement Section for agricultural related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612-1367.

All comments regarding the draft documents or ap-plication notices received on or before November 7, 2020, will be considered in the formulation of the final determinations regarding this public notice. Please re-fer to the appropriate Kansas document number (KS-AG-20-211/215, KS-AG-R-20-017, KS-Q-20-169/170, KS-NQ-20-005) and name of the applicant/permittee when preparing comments.

After review of any comments received during the public notice period, the Secretary of Health and Envi-

(continued)



Notices

ronment will issue a determination regarding final agen-cy action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in confor-mance with K.A.R. 28-16-61 (28-46-21 for UIC).

All draft documents/applications and the support-ing information including any comments received are on file and may be inspected at the offices of the Kan-sas Department of Health and Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, Kansas. These documents are available upon request at the copy-ing cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Fri-day, excluding holidays.

Lee A. Norman, M.D.Secretary

Doc. No. 048502


Notice of Proposed Permit IssuanceThe Kansas Department of Health and Environment

(KDHE) received a Hazardous Waste Facility permit ap-plication from Coffeyville Refining and Marketing (Op-erator/Owner). The facility is a petroleum refinery, that produces primarily transportation fuels, located at 400 N. Linden St., Coffeyville, Kansas and has EPA identifi-cation number KSD007138605.

KDHE is providing notice of its intent to issue a RCRA hazardous waste management permit for the facility. The proposed permit will require Coffeyville Resources Refining and Marketing to conduct post- closure care for the regulated units, and implement site-wide corrective action including groundwater monitoring at the facility.

In October 1985, the State of Kansas received final authorization from the U.S. Environmental Protection Agency (EPA) to implement a hazardous waste manage-ment program in lieu of the federal program, except for those portions covered by the 1984 Hazardous and Solid Waste Amendments (HSWA). In September 2013, author-ity for the corrective action portion of the RCRA program was delegated to the State of Kansas.

The draft permit sets forth the applicable require-ments that KDHE will require the permittee to comply with during the 10-year duration of the permit. The draft hazardous waste permit includes standard permit con-ditions, general facility conditions, post-closure care re-quirements, groundwater monitoring and remediation as well as corrective action for all Solid Waste Manage-ment Units and Areas of Concern.

The draft permit is being considered for issuance un-der authority of the Kansas Statutes Annotated (K.S.A.) 65-3430 et seq. and Kansas Administrative Regulations (K.A.R.) 28-31-4 through 28-31-279a. Documents that support the permit conditions specified in the draft per-mit are part of the administrative record. Applicable

regulations are found in 40 CFR Parts 124, 260 through 264, 268, and 270, as specified in this permit. Some mod-ifications to federal regulations by applicable state regu-lations are noted in this permit, but all modifications to federal regulations by state regulations are incorporated. To the extent that state regulations exclude any sections of applicable federal regulations, those sections are not in effect. In the instance of inconsistent language or dis-crepancies between conditions found in the permit, state regulations, or federal regulations, the language of the more stringent provision will govern; otherwise, state law governs.

State hazardous waste laws require that the public be given at least 45 days to review the administrative record for the draft permit prior to KDHE taking a fi-nal action. The purpose of having a public comment period is to ensure that interested parties have an op-portunity to evaluate the conditions specified in the draft permit and to provide their input into the permit decision-making process. A copy of the administrative record which includes the draft permit, the fact sheet, the permit application, and all information pertaining to this permit action is available for public review from October 8, 2020 through November 23, 2020, Monday through Friday, during normal business hours at the following locations:

Kansas Department of Health and Environment Hazardous Waste Permits Section1000 SW Jackson, Suite 320Topeka, KS 66612Contact: Maura O’Halloran785-296-1600

Coffeyville Public Library311 W. 10th St.Coffeyville, KS 67337Contact: Samantha Dean620-251-1370The administrative record can also be accessed on

the KDHE website at http://www.kdheks.gov/waste/p_ pubnot_hw.html.

As specified in 40 CFR 124.11, during the public com-ment period any interested person may request a public hearing in writing which states the nature of the issues proposed to be raised in a public hearing. In the event that a hearing is scheduled, advance notice of the date will be given to the public. The Secretary of KDHE will make the decision regarding the issuance of the permit after the close of the public comment period. The Secre-tary will consider all comments received during the pub-lic comment period.

When the final decision to issue or deny the permit is made, notice will be given to the applicant, all persons who submitted written comments, and those who re-quested notice of the final permit decision. If none of the comments received during the public comment period result in revision(s) to the draft permit, the permit will become effective immediately upon issuance of the final permit decision. If comments received during the public comment period result in revision(s), the permit will be-come effective 30 days after service of notice of the final

http://www.kdheks.gov/feedlots

http://www.kdheks.gov/feedlots

http://www.kdheks.gov/waste/p_pubnot_hw.html

http://www.kdheks.gov/waste/p_pubnot_hw.html

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Notices

decision to allow for public review of the revisions in ac-cordance with 40 CFR 124.15 and K.A.R. 28-31- 124(c)(8). Appeals of the final permit decision for the permit must be filed within 15 days after service of notice in accor-dance with K.S.A 65-3440 and K.S.A. 77-601 et.seq.

Lee A. Norman, M.D.Secretary

Doc. No. 48501

State of KansasDepartment of Revenue

Notice of Available PublicationsListed below are Private Letter Rulings, Opinion Let-

ters, Final Written Determinations, Revenue Rulings, Notices, Property Valuation Division Directives, Q&A’s, and Information Guides published by the Department of Revenue for September 2020. Copies can be obtained by accessing the Policy Information Library located at www.ksrevenue.org or by calling the Tax Policy Group at 785-296-3081.Private Letter RulingsNo New PublicationsOpinion LettersNo New PublicationsFinal Written DeterminationNo New PublicationsRevenue RulingsNo New PublicationsNoticesNotice 20-03 Extended Filing Date for 2019 Corporate Income Tax ReturnsProperty Valuation Division, DirectivesNo New PublicationsQ&A’sNo New PublicationsInformation GuidesNo New Publications

Mark A. BurghartSecretary

Doc. No. 048504


Division of Health Care Finance

Public NoticeThe Kansas Department of Health and Environment,

Division of Health Care Finance (KDHE-DHCF) is amending the Kansas Medicaid State Plan to increase cardiac catheterization reimbursement rates to 80% of non-rural Medicare rates. These rates will change every calendar year on January 1st as Medicare rates change.

The proposed effective date for the state plan amend-ment (SPA) is January 1, 2021.

Fee-For-Service Only

Estimated Federal Financial Participation

FFY 2021 $ 21,213FFY 2022 $ 29,886

To request a copy of the proposed SPA, to submit a comment, or to review comments, please contact Wil-liam C. Stelzner by email at [email protected], or by mail to:

William C. StelznerKansas Department of Health and EnvironmentDivision of Health Care Finance900 SW Jackson, Room 900NTopeka, KS 66612.The last day for public comment is November 9, 2020.Draft copies of the proposed SPA may also be found at

a Local Health Department (LHD).Sarah Fertig, State Medicaid Director

Division of Health Care FinanceDoc. No. 048496


Division of Health Care FinancePublic Notice

The Kansas Department of Health and Environment, Division of Health Care Finance (KDHE-DHCF) is amending the Kansas Medicaid State Plan to add two ad-ditional EPSDT counseling codes to the plan.




FFY 2021 $ 35,217FFY 2022 $ 42,266





http://www.ksrevenue.org



Notices



The Kansas Department of Health and Environment, Division of Health Care Finance (KDHE-DHCF) is amending the Kansas Medicaid State Plan to add silver diamine fluoride treatment to EPSDT dental services.




FFY 2021 $ 0FFY 2022 $ 0







The Kansas Department of Health and Environment, Division of Health Care Finance (KDHE-DHCF) is amending the Kansas Medicaid State Plan to revise the four ER professional reimbursement rates into two ER professional reimbursement rates.




FFY 2021 $ 9,975FFY 2022 $10,225


William C. StelznerKansas Department of Health and EnvironmentDivision of Health Care Finance900 SW Jackson, Room 900NTopeka, KS 66612.The last day for public comment is November 9, 2020.

Draft copies of the proposed SPA may also be found at a Local Health Department (LHD).

Sarah Fertig, State Medicaid DirectorDivision of Health Care Finance

Doc. No. 048499



The Kansas Department of Health and Environment, Division of Health Care Finance (KDHE-DHCF) is amending the Kansas Medicaid State Plan to add mater-nal depression screening to the plan.




FFY 2021 $ 2,570FFY 2022 $ 2,634





State of KansasDepartment of Transportation

Notice to Consulting FirmsThe Kansas Department of Transportation (KDOT) is

seeking qualified consulting engineering firm(s) for the project listed below. Interested consulting firms must: (a) be prequalified by KDOT or otherwise demonstrate qualification in the following category: Category 212 Highway Design Minor Facility. A PDF must be emailed to David Lutgen, P.E., Contracts Engineer at [email protected]. Responses are to be limited to eight pages, the subject line of the reply email and the file name must read “Guardrail Set-Aside Program – Firm Name.” RFPs must be received by 12:00 p.m. October 16, 2020 for the consulting firm to be considered.

If a firm is not currently prequalified by KDOT a re-sponse may still be submitted. Firms not prequalified must also provide documentation that demonstrates the firm is qualified for each specified category listed in this notice for the project. Firms may use the KDOT

1259Kansas Register


Notices

prequalification form to provide this documentation. KDOT 1050 Prequalification category definitions (Blue Book) can be found at http://www.ksdot.org/descons.asp. All firms doing business with KDOT must be reg-istered and in good standing under the laws of the State of Kansas at the time of contracting and must comply with applicable state and federal laws, rules and regu-lations.Scope of Services to be Performed

Project – The KDOT guardrail set-aside program is a program to remove/replace all blunt end guardrail termi-nals on the National Highway System (NHS) in Kansas.

Scope of Services – Prepare construction drawings and summary memos for a 2022 FY construction letting for the locations shown below.

One consultant will be selected for this project.Project Bundle Route County (No.)

4 K-15 Sedwick (87)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)12 US-59 Atchison (3)13 US-59 Atchison (3)

Anticipated Schedule for Subsequent EventsRequest for Proposals (RFPs) are due by 12:00 p.m.

(CST) October 16, 2020. Evaluation and ranking of tech-nical proposals on or about October 30, 2020 after which time all firms that submitted will be notified of the rank-ing. Negotiations with the most highly ranked firm to commence on or about November 13, 2020. Agreement in place and in effect December 1, 2020. RFPs are to be delivered via email to [email protected] for Proposal

No costs shall be contained in the RFP. The RFP must not exceed eight (8) pages total to address the pertinent topics. Please use the following naming convention for submittal…Guardrail Set-Aside Program – Firm Name. RFPs submitted will consist of the proposal and a com-pleted and signed Special Attachment No. 7 (“Certificate of Final Indirect Costs”), a completed and signed Special Attachment No. 8 (“Tax Clearance Certificate”), and a completed and signed Special Attachment No. 10 (“Poli-cy Regarding Sexual Harassment”). Subconsultants will need to complete these attachments as well. All these forms are attached to the original email announcement.

RFPs shall describe any processes or procedures, in-cluding best practices, that will be used to perform tasks and to produce deliverables described above under “Scope of Services to be Performed.” Also, include items such as:

• Project manager/engineer in charge.• History of projects with similar tasks.• Availability of staff to meet schedule without over-

time.

• Familiarity with KDOT standards and content.• Any subconsultant and their role (if any) that will

be performing services on the projectEvaluation Factors

RFPs will be evaluated based on the factors listed be-low, evenly weighted, to rank the most qualified firm in order of preference as first, second, third, etc. Evaluation factors: 1) the quality and completeness of the response; 2) qualifications and experience of consultant design personnel/manager proposed for services; 3) proposed project approach; 4) availability to respond to the work; and 5) past performance history for similar projects/ser-vices for KDOT. The highest ranked firm will be asked to enter into negotiations with KDOT for an agreement. In the event KDOT cannot reach agreement with the ranked firm, it will terminate negotiations with such firm and commence negotiations with the next highest ranked firm, and so on, until either agreement is reached for a satisfactory scope of services for a fair and reasonable price, or KDOT decides to pursue other alternatives. Exhibits to this RFP

• Special Attachment No. 7 (“Certificate of Final Indi-rect Costs”)

• Special Attachment No. 8 (“Tax Clearance Certificate”)• Special Attachment No. 10 (“Policy Regarding Sex-

ual Harassment”)Contract Terms and Conditions

A standard KDOT agreement for engineering and technical services will be used for this project. Special at-tachments for the Kansas “Tax Clearance Certificate,” the “Certification of Final Indirect Costs,” and the Special At-tachment No. 10 (“Policy Regarding Sexual Harassment”) will also eventually become attachments to the contract.

Questions about this RFP shall be sent to KDOT at [email protected].

Calvin E. Reed, P.E. DirectorDivision of Engineering and Design

Doc. No. 048484



seeking qualified consulting engineering firm(s) for the project listed below. Interested consulting firms must: (a) be prequalified by KDOT or otherwise demonstrate qualification in the following category: Category 111 Rail Systems Planning. Consultants may create a team to meet the prequalification requirements. A PDF must be emailed to David Lutgen, P.E., Contracts Engineer at [email protected]. Responses are to be limit-ed to eight pages, the subject line of the reply email and the file name must read “KA-5608-01 RFP – Firm Name.” Proposals must be received by 12:00 p.m. October 23, 2020 for the consulting firm to be considered.

If a firm is not currently prequalified by KDOT a re-sponse may still be submitted. Firms not prequalified must also provide documentation that demonstrates the

(continued)

http://www.ksdot.org/descons.asp




Notices

firm is qualified for each specified category listed in this notice for the project. Firms may use the KDOT prequali-fication form to provide this documentation. KDOT 1050 Prequalification category definitions (Blue Book) can be found at http://www.ksdot.org/descons.asp. All firms doing business with KDOT must be registered and in good standing under the laws of the State of Kansas at the time of contracting and must comply with applicable state and federal laws, rules, and regulations.Background and Purpose of Project

Section 303 of the Passenger Rail Investment and Im-provement Act of 2008 (PRIIA) requires states to develop Federal Railroad Administration (FRA) accepted state rail plans and encourages state involvement in rail poli-cy, planning, and development. KDOT last completed an update of this plan in 2017. An update is required every four years, which slates KDOT for an approved update by the end of calendar year 2021.

The Fixing America’s Surface Transportation Act (FAST Act) requires each state to develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the state with respect to freight. KDOT last completed an update to this plan in 2017. The Federal Highway Administration (FHWA) requires an update every five years, which positions KDOT for a final plan update by the end of calendar year 2022.Scope of Services to be Performed

KDOT is seeking proposals from qualified firms to de-velop both the 2021 Kansas Statewide Rail Plan (KSRP) Update and the 2022 Statewide Freight Plan (KSFP) Up-date. The KSRP must be structured to meet all require-ments of PRIIA as well as additional guidance from the FRA outlined in the FAST Act. The KSFP update must be structured to meet all requirements of the FAST Act and, as applicable, Moving Ahead for Progress in the 21st Century Act. It is expected that the selected consultant will identify opportunities that support both planning processes simultaneously while producing documents that meet both FRA and FHWA’s requirements.Anticipated Schedule for Subsequent Events

Proposals are due by 12:00 p.m. (CST) October 23, 2020. Based on the qualifications submitted in the proposal and other information available, on or about November 11, 2020, KDOT will shortlist three to five firms and no-tify all firms submitting proposals of the names of the shortlisted firms by return email. Thereafter, at KDOT’s option, shortlisted firms may be interviewed through a virtual meeting. Negotiations with the selected firm will commence on or about December 9, 2020. Agreement in place and in effect January 6, 2021. Proposals are to be delivered via email to [email protected] for Proposal

No costs shall be contained in the proposals. The pro-posals must not exceed eight (8) pages total to address the pertinent topics. Please use the following naming con-vention for submittal… KA-5608-01 RFP – Firm Name. Proposals submitted will consist of the complete propos-al and a completed and signed Special Attachment No. 7 (“Certificate of Final Indirect Costs”), a completed and signed Special Attachment No. 8 (“Tax Clearance Certif-

icate”), and a completed and signed Special Attachment No. 10 (“Policy Regarding Sexual Harassment”). Sub-consultants will need to complete these attachments as well. All these forms are attached to the original email announcement.

Proposals shall describe any processes or procedures, including best practices, that will be used to perform tasks and to produce deliverables described above under “Scope of Services to be Performed.” Also, include items such as:

• Project manager• History of projects with similar tasks• Availability of staff to meet schedule without over-

time• Familiarity with KDOT policies and procedures• Any subconsultant and their role (if any) that will

be performing services on the projectEvaluation Factors

RFPs will be evaluated based on the factors listed be-low, evenly weighted, to rank the most qualified firm in order of preference as first, second, third, etc. Evaluation factors: 1) the quality and completeness of the response; 2) qualifications and experience of consultant freight and rail planning personnel proposed for services; 3) pro-posed approach for review and analysis; 4) availability to perform the work; 5) past performance history for sim-ilar projects/services; and 6) familiarity with applicable federal regulations and guidance.Exhibits to this RFP




A standard KDOT agreement for engineering and technical services will be used for this project. Special at-tachments for the Kansas “Tax Clearance Certificate,” the “Certification of Final Indirect Costs,” and the Special At-tachment No. 10 (“Policy Regarding Sexual Harassment”) will also eventually become attachments to the contract.

Questions about this RFP shall be sent by email to KDOT at [email protected].


Doc. No. 048514



seeking qualified consulting engineering firm(s) for the project listed below. Interested consulting firms must: (a) be prequalified by KDOT or (b) otherwise demonstrate qualification in the following category: Category 163 Congestion Management/ITS. Consultants may create a team to meet the prequalification requirements. A PDF must be emailed to David Lutgen, P.E., Contracts Engi-neer at [email protected]. Responses are to be


1261Kansas Register


Notices

limited to eight pages. The subject line of the reply email and the file name must read “KA-5705-01 RFP – Firm Name.” RFPs must be received by 12:00 p.m. October 23, 2020 for the consulting firm to be considered.

If a firm is not currently prequalified by KDOT, a re-sponse may still be submitted. Firms not prequalified must also provide documentation that demonstrates the firm is qualified for each specified category listed in this notice for the project. Firms may use the KDOT prequali-fication form to provide this documentation. KDOT 1050 Prequalification category definitions (Blue Book) can be found at http://www.ksdot.org/descons.asp. All firms doing business with KDOT must be registered and in good standing under the laws of the State of Kansas at the time of contracting and must comply with applicable state and federal laws, rules and regulations.Scope of Services to be Performed

Project – Install and upgrade ITS equipment through-out the Kansas City Metro area. This upgrade will in-clude installing fiber in existing conduit along K-7, be-tween I-70 and K-10, Cisco backbone telecom upgrade replacements, upgrade of four I-635 Ledstar DMS boards to IP addressable controllers with multi-mode fiber, re-placement of 20 FTCs with Intelight controllers, installa-tion of fiber and splice vaults along I-70 from Mill Street to Downtown KCK, and replacement of 2 DMS boards. The scope of services should include project manage-ment throughout all phases:

Phase I – Pre-Design: Including kick-off and coordina-tion meetings with KDOT and KC Scout, field review, and engineer’s estimate.

Phase II – Prepare 95% plans: including base mapping, quality control review, incorporation of KDOT ITS spec-ifications, traffic control plans, and preliminary cost es-timates.

Phase III–Prepare final plans: Incorporate KDOT and KC Scout design comments, finalize plans sheets and cost estimates of device specific plan sheets.Anticipated Schedule for Subsequent Events

Request for Proposals (RFPs) are due by 12:00 p.m. (CST) October 23, 2020. Evaluation and ranking of tech-nical proposals to occur on or about October 28, 2020 af-ter which time all firms that submitted will be notified of their ranking. Negotiations with the most highly ranked firm to commence on or about November 11, 2020. Agree-ment in place and in effect December 1, 2020. RFPs are to be delivered via email to [email protected] for Proposal

1. No costs shall be contained in the RFP.2. The RFP must not exceed eight (8) pages total to ad-

dress the pertinent topics.3. Please use the following naming convention for

submittal… KA-5705-01 RFP – Firm Name.4. RFPs submitted shall consist of the proposal and

a. a completed and signed Special Attachment No. 7 (“Certificate of Final Indirect Costs”), and

b. a completed and signed Special Attachment No. 8 (“Tax Clearance Certificate”), and

c. a completed and signed Special Attachment No. 10 (“Policy Regarding Sexual Harassment”)

5. Subconsultants will need to complete these attach-ments as well.

6. All these forms are attached to the original email announcement.

7. RFPs shall describe any processes or procedures, in-cluding best practices, that will be used to perform tasks and to produce deliverables described above under “Scope of Services to be Performed.”

8. Also, include items such as:a. Project manager/engineer in chargeb. History of projects with similar tasksc. Availability of staff to meet schedule without

overtimed. Familiarity with KDOT standards and contente. Any subconsultant and their role (if any) that

will be performing services on the project.Evaluation Factors

RFPs will be evaluated based on the factors listed be-low, evenly weighted, to rank the most qualified firm in order of preference as first, second, third, etc.:

1. the quality and completeness of the response2. qualifications and experience of consultant design

personnel/manager proposed for services3. proposed project approach4. availability to respond to the work5. past performance history for similar projects/ser-

vices for KDOT.The highest ranked firm will be asked to enter into

negotiations with KDOT for an agreement. In the event KDOT cannot reach agreement with the ranked firm, it will terminate negotiations with such firm and com-mence negotiations with the next highest ranked firm, and so on, until either an agreement is reached for a sat-isfactory scope of services for a fair and reasonable price, or KDOT decides to pursue other alternatives. Exhibits to this RFP


• Special Attachment No. 8 (“Tax Clearance Certifi-cate”)

• Special Attachment No. 10 (“Policy Regarding Sex-ual Harassment”)

Contract Terms and ConditionsA standard KDOT agreement for engineering and

technical services will be used for this project. Special attachments for the Kansas “Tax Clearance Certificate,” the “Certification of Final Indirect Costs,” and the Special Attachment No. 10 (“Policy Regarding Sexual Harass-ment”) will also eventually become attachments to the contract.



Doc. No. 048513




Notices



seeking qualified consulting engineering firm(s) for the project listed below. Interested consulting firms must: (a) be prequalified by KDOT or (b) otherwise demonstrate qualification in the following category: Category 163 Congestion Management/ITS. Consultants may create a team to meet the prequalification requirements. A PDF must be emailed to David Lutgen, P.E., Contracts Engi-neer at [email protected]. Responses are to be limited to eight pages. The subject line of the reply email and the file name must read “KA-5777-01 RFP – Firm Name.” RFPs must be received by 12:00 p.m. October 23, 2020 for the consulting firm to be considered.

If a firm is not currently prequalified by KDOT a re-sponse may still be submitted. Firms not prequalified must also provide documentation that demonstrates the firm is qualified for each specified category listed in this notice for the project. Firms may use the KDOT prequali-fication form to provide this documentation. KDOT 1050 Prequalification category definitions (Blue Book) can be found at http://www.ksdot.org/descons.asp. All firms doing business with KDOT must be registered and in good standing under the laws of the State of Kansas at the time of contracting and must comply with applicable state and federal laws, rules and regulations.Scope of Services to be Performed

Project – Install approximately ten new signs and cam-eras and replace approximately 15 existing DMS signs throughout the state. Approximately 4 road closure gates may be included as well as relocation of 6 existing cabi-net mounted cameras. The final number on installations is to be determined based on the most efficient installa-tion method and current site configuration. The scope of services should include project management throughout all phases:

Phase I – Pre-Design: Including kick-off and coordina-tion meetings with KDOT, field review, and engineer’s estimate.

Phase II – Prepare 95% plans: including base mapping, quality control review, incorporation of KDOT ITS spec-ifications, traffic control plans, and preliminary cost es-timates.

Phase III–Prepare final plans: Incorporate KDOT de-sign comments, finalize plans sheets and cost estimates.Anticipated Schedule for Subsequent Events

Request for Proposals (RFPs) are due by 12:00 p.m. (CST) on October 23, 2020. Evaluation and ranking of tech-nical proposals to occur on or about October 28, 2020 after which time all firms that submitted will be notified of their ranking. Negotiations with the most highly ranked firm to commence on or about November 11, 2020. Agreement in place and in effect December 1, 2020. RFPs are to be deliv-ered via email to [email protected] for Proposal

1. No costs shall be contained in the RFP.

2. The RFP must not exceed eight (8) pages total to ad-dress the pertinent topics.

3. Please use the following naming convention for submittal… KA-5777-01 RFP – Firm Name.

4. RFPs submitted shall consist of the proposal anda. a completed and signed Special Attachment No.

7 (“Certificate of Final Indirect Costs”), andb. a completed and signed Special Attachment No.

8 (“Tax Clearance Certificate”), andc. a completed and signed Special Attachment No.

10 (“Policy Regarding Sexual Harassment”)5. Subconsultants will need to complete these attach-

ments as well.6. All these forms are attached to the original email

announcement.7. RFPs shall describe any processes or procedures, in-

cluding best practices, that will be used to perform tasks and to produce deliverables described above under “Scope of Services to be Performed.”

8. Also, include items such as:a. Project manager/engineer in chargeb. History of projects with similar tasksc. Availability of staff to meet schedule without

overtimed. Familiarity with KDOT standards and contente. Any Subconsultant and their role (if any) that

will be performing services on the project.Evaluation Factors

RFPs will be evaluated based on the factors listed be-low, evenly weighted, to rank the most qualified firm in order of preference as first, second, third, etc.:

1. the quality and completeness of the response2. qualifications and experience of consultant design

personnel/manager proposed for services3. proposed project approach4. availability to respond to the work5. past performance history for similar projects/ser-

vices for KDOT.The highest ranked firm will be asked to enter into

negotiations with KDOT for an agreement. In the event KDOT cannot reach agreement with the ranked firm, it will terminate negotiations with such firm and com-mence negotiations with the next highest ranked firm, and so on, until either an agreement is reached for a sat-isfactory scope of services for a fair and reasonable price, or KDOT decides to pursue other alternatives.Exhibits to this RFP




A standard KDOT agreement for engineering and technical services will be used for this project. Special attachments for the Kansas “Tax Clearance Certificate,” the “Certification of Final Indirect Costs,” and the Spe-cial Attachment No. 10 (“Policy Regarding Sexual Ha-rassment”) will also eventually become attachments to the contract.


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Notices/Executive Branch



Doc. No. 048515


Request for ApplicationsThe Kansas Department of Transportation (KDOT) Of-

fice of Public Transportation is now accepting applications for the Federal Transit Administration (FTA) programs:

• U.S.C. 49-5310 – Specialized Transportation for the Elderly and Disabled

• U.S.C. 49-5311 – General Public Transportation in Non-urbanized Areas

This application is to fund agency needs for State Fis-cal Year 2022 (July 01, 2021 through June 30, 2022). The application is required annually from all KDOT funded 5310, 5311 transit provider agencies including those not requesting capital and/or operating expenses.

The purpose of the U.S.C. 49-5310 program is to pro-vide funds to support private non-profit corporations and authorized governments to provide transportation ser-vices to meet the special needs of the elderly and persons with disabilities. Federal funding under this program is available for capital expenditures only. State funding is available for operating expenses with the maximum award set by KDOT. Operating reimbursements will be made at a 70% state and 30% local share. Capital awards are supported at 80% federal and 20% local.

The purpose of the U.S.C. 49-5311 program is to pro-vide funds to support rural and non-urbanized (cities less than 50,000 population) public transportation proj-ects. The goal of the U.S.C. 49-5311 program is to provide services to the general public on an equal opportunity basis. Funds can be used for either operating or capital expenses. Operating costs are supported 50% federal, 20% state, and 30% local. Capital awards are supported at 80% federal and 20% local.Application Process

All applications are to be submitted via KDOT’s online grant management portal. This can be accessed at https://secure.blackcatgrants.com/Login.aspx?site=ksdot. New applicants will need to request access by contacting Man-dy Fulsom via email at [email protected].

KDOT has developed selection criteria to be used by the Kansas Coordinated Transit District Council (KCTDC) in evaluating the capital request applications. The applica-tions will be ranked by the KCTDC in January 2021. After the application ranking by the KCTDC, KDOT staff will use the selection criteria in their evaluation of the appli-cations. It should be noted that all items on the applica-tion must be completed. Points will be deducted in the ranking process for missing or incomplete information.

All applications must be received to KDOT online by 3:00 p.m. Friday, November 20, 2020. Applications re-ceived after the deadline will not be accepted.

Julie LorenzSecretary

Doc. No. 048493

State of KansasSecretary of State

Notice of Annual Statement of Ownership, Management, and Circulation

1. Publication Title 2. Publication Number 3. Filing Date

4. Issue Frequency 5. Number of Issues Published Annually 6. Annual Subscription Price

8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer)

9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Publisher (Name and complete mailing address)

Editor (Name and complete mailing address)

Managing Editor (Name and complete mailing address)

10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.)

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If none, check box

PS Form 3526, July 2014 [Page 1 of 4 (see instructions page 4)] PSN: 7530-01-000-9931 PRIVACY NOTICE: See our privacy policy on www.usps.com.

None

7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+4®)

_

Contact Person

Telephone (Include area code)

Full Name Complete Mailing Address

Complete Mailing AddressFull Name

Statement of Ownership, Management, and Circulation(All Periodicals Publications Except Requester Publications)

12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) (Check one)

Has Not Changed During Preceding 12 MonthsHas Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement)

The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:

Kansas Register 0 6 6 2 1 9 0 Sept. 24, 20

Weekly 52 plus annual index $ 80.00

Kansas Secretary of State, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, Shawnee County, KS 66612-1594

Todd Caywood

785-368-8095

Same as above

Scott Schwab, Kansas Secretary of State, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612-1594

Todd M. Caywood, Legal Publications Division, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612-1594

Same as above

Kansas Secretary of State 1st Floor, Memorial Hall

120 SW 10th Ave., Topeka, KS 66612-1594

PS Form 3526, July 2014 (Page 2 of 4)

Extent and Nature of Circulation Average No. Copies Each Issue During Preceding 12 Months

No. Copies of Single Issue Published Nearest to Filing Date

13. Publication Title

15.

14. Issue Date for Circulation Data Below

b. Paid Circulation (By Mail and Outside the Mail)

d. Free or Nominal Rate Distribution (By Mail and Outside the Mail)

a. Total Number of Copies (Net press run)

Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies)

Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies)

(1)

(2)

(4) Paid Distribution by Other Classes of Mail Through the USPS (e.g., First-Class Mail®)

Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS®(3)

Free or Nominal Rate In-County Copies Included on PS Form 3541

Free or Nominal Rate Outside-County Copies included on PS Form 3541(1)

(2)

(4) Free or Nominal Rate Distribution Outside the Mail (Carriers or other means)

Free or Nominal Rate Copies Mailed at Other Classes Through the USPS (e.g., First-Class Mail)(3)

c. Total Paid Distribution [Sum of 15b (1), (2), (3), and (4)]

Total Distribution (Sum of 15c and 15e)f.

Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4))e.

Copies not Distributed (See Instructions to Publishers #4 (page #3))g.

Total (Sum of 15f and g)h.

Percent Paid (15c divided by 15f times 100)

i.

* If you are claiming electronic copies, go to line 16 on page 3. If you are not claiming electronic copies, skip to line 17 on page 3.

Kansas Register Sept. 24, 2020

124 123

41 40

12 12

0 0

0 0

53

0

52

11 11

0

0 0

9 9

20 20

73 72

51 51

124 123

73% 72%

(continued)

https://secure.blackcatgrants.com/Login.aspx?site=ksdot

https://secure.blackcatgrants.com/Login.aspx?site=ksdot



Executive Branch/Bonds

Scott SchwabSecretary of State

Doc. No. 048511

(Published in the Kansas Register October 8, 2020.)

City of Scandia, KansasNotice of Intent to Seek Private Placement

General Obligation Bonds, Series 2020Notice is hereby given that the City of Scandia, Kan-

sas, (the “County”), intends to seek a private placement of the above referenced bonds. The maximum aggregate principal amount of bonds shall not exceed $2,000,000. The proposed sale of the bonds is in all respects subject to the City Council passing and approving an ordinance or resolution authorizing the issuance, sale and delivery of the bonds, the execution and delivery of an agreement relating to the purchase of the bonds, and execution and delivery of all other documents necessary to deliver the bonds and receive payment therefore.Dated October 7, 2020.

Jan BomanCity Clerk

Doc. No. 048510


Wabaunsee County, KansasSummary Notice of Bond Sale

$1,390,000* General Obligation Bonds

Series 2020A

(General Obligation Bonds Payable from Unlimited Ad Valorem Taxes)

BidsSubject to the Official Notice of Bond Sale and Prelimi-

nary Official Statement dated October 1, 2020, sealed, fac-simile, and electronic bids will be received by the County Clerk of Wabaunsee County, Kansas, (the “County” or the “Issuer”) on behalf of the governing body of the Coun-ty in the case of sealed bids, at the Wabaunsee County Courthouse, 215 Kansas Ave., Alma, KS 66401, via fac-simile at 785-765-3704 and in the case of electronic bids,

via BIDCOMP/PARITY electronic bid submission system until 9:00 a.m. (CST) Monday, October 19, 2020, for the purchase of $1,390,000 principal amount of General Ob-ligation Bonds, Series 2020A (the “Bonds”). No bid of less than the entire par value of the Bonds and accrued interest thereon to the date of delivery will be considered.Bond Details

The Bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The Bonds will initially be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York, to which payments of principal of and interest on the Bonds will be made. Individual pur-chases of bonds will be made in book-entry form only. Purchasers will not receive certificates representing their interest in bonds purchased. The Bonds will be dated Oc-tober 29, 2020, and will become due on October 1, in the years as follows:

Year Principal Amount* Year

PrincipalAmount*

2021 $ 80,000 2029 $ 95,0002022 85,000 2030 95,0002023 90,000 2031 95,0002024 90,000 2032 95,0002025 90,000 2033 100,0002026 90,000 2034 100,0002027 90,000 2035 100,0002028 95,000

The Bonds will be subject to mandatory and option-al redemption prior to maturity as provided in the Of-ficial Notice of Bond Sale. The Bonds will bear interest from the date thereof at rates to be determined when the Bonds are sold as hereinafter provided, which interest will be payable semiannually on April 1 and October 1 in each year, beginning on April 1, 2021.Paying Agent and Bond Registrar

The Kansas State Treasurer, Topeka, Kansas will be the Paying Agent and Bond Registrar.Good Faith Deposit

Each bid shall be accompanied by a cashier’s or certi-fied check drawn on a bank located in the United States of America, a wire transfer or a qualified financial surety bond in the amount of $27,800 (2 percent of the principal amount of the Bonds).Delivery

The Issuer will pay for printing the Bonds and will de-liver the same properly prepared, executed, and regis-tered to the facilities of the Depository Trust Company, Jersey City, New Jersey, without cost to the successful bidder within 45 days after the date of sale.Assessed Valuation and Indebtedness

The total assessed valuation of taxable tangible prop-erty in the County for the year 2020 is $103,632,497. The total general obligation indebtedness of the Issuer is $4,185,000.Approval of Bonds

The Bonds will be sold subject to the legal opinion of Nichols and Wolfe Chartered, Topeka, Kansas, bond

PS Form 3526, July 2014 (Page 3 of 4)

Statement of Ownership, Management, and Circulation(All Periodicals Publications Except Requester Publications)

Average No. Copies Each Issue During Preceding 12 Months

No. Copies of Single Issue Published Nearest to Filing Date

16. Electronic Copy Circulation

a. Paid Electronic Copies

I certify that 50% of all my distributed copies (electronic and print) are paid above a nominal price.

I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

18. Signature and Title of Editor, Publisher, Business Manager, or Owner Date

If the publication is a general publication, publication of this statement is required. Will be printed

in the ________________________ issue of this publication.

17. Publication of Statement of Ownership

Publication not required.

b. Total Paid Print Copies (Line 15c) + Paid Electronic Copies (Line 16a)

c. Total Print Distribution (Line 15f) + Paid Electronic Copies (Line 16a)

d. Percent Paid (Both Print & Electronic Copies) (16b divided by 16c Í 100)

PRIVACY NOTICE: See our privacy policy on www.usps.com.

October 8, 2020

Todd M. Caywood, Kansas Register Editor Sept. 24, 2020

1265Kansas Register


Bonds

counsel, whose approving legal opinion as to the validity of the Bonds, will be furnished and paid for by the Issuer and delivered to the successful bidder as and when the Bonds are delivered.Additional Information

Additional information regarding the Bonds may be obtained from the County Clerk, phone 785-765-3414; or from the Issuer’s Financial Advisor, Raymond James & Associates, Inc., Attn: Greg Vahrenberg, 1201 Walnut, 21st Floor, Kansas City, MO 64106, phone 816-391-4120, email [email protected] October 1, 2020.

Wabaunsee County, KansasJennifer Savage, County Clerk

Wabaunsee County Courthouse215 Kansas Ave.Alma, KS 66401

785-765-3414* Subject to ChangeDoc. No. 048492


Leavenworth County, KansasSummary Notice of Bond Sale

$9,235,000* General Obligation Sales Tax Bonds

Series 2020-A

(General Obligation Sales Tax Bonds Payable from Unlimited Ad Valorem Taxes)

BidsSubject to the Notice of Bond Sale dated October 1, 2020,

electronic bids will be received on behalf of the Clerk of Leavenworth County, Kansas (the “Issuer”) in the case of email bids, at the address set forth below, and in the case of electronic bids, through PARITY® until 12:00 p.m. (CST) October 20, 2020, for the purchase of the above-referenced bonds (the “Bonds”). No bid of less than 100% of the prin-cipal amount of the Bonds and accrued interest thereon to the date of delivery will be considered.Bond Details

The Bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The Bonds will be dated November 18, 2020, and will be-come due on March 1 in the years as follows:

YearPrincipalAmount* Year

PrincipalAmount*

2022 $105,000 2030 $695,0002023 85,000 2031 690,0002024 60,000 2032 680,0002025 730,000 2033 680,0002026 730,000 2034 665,0002027 720,000 2035 665,0002028 715,000 2036 660,0002029 705,000 2037 650,000

The Bonds will bear interest from the date thereof at rates to be determined when the Bonds are sold as here-

inafter provided, which interest will be payable semian-nually on March 1 and September 1 in each year, begin-ning on March 1, 2021.Adjustment of Issue Size

The Issuer reserves the right to increase or decrease the total principal amount of the Bonds or the schedule of principal payments described above, depending on the purchase price and interest rates bid, by the successful bidder. The successful bidder may not withdraw its bid or change the purchase price or interest rates bid as a re-sult of any changes made to the principal amount of the Bonds or the schedule of principal payments as described herein. If there is an increase or decrease in the final ag-gregate principal amount of the Bonds or the schedule of principal payments as described above, the Issuer will notify the successful bidder by means of telephone or facsimile transmission, subsequently confirmed in writ-ing, no later than 3:00 p.m. (CST) on the Sale Date. The net production as a percentage of the principal amount of the Bonds generated from the bid of the successful bid-der will not be decreased as a result of any change to the total principal amount of the Bonds or the schedule of principal payments described herein. Notwithstanding the requirements of the section entitled “Establishment of Issue Price,” if requested by the Municipal Advisor, the successful bidder shall within 20 minutes of such re-quest provide the Municipal Advisor with the initial of-fering prices of the Bonds to the public so as to allow for proper resizing of the Bonds.Book-Entry-Only System

The Bonds shall be registered under a book-entry-only system administered through DTC.Paying Agent and Bond Registrar

Treasurer of the State of Kansas, Topeka, Kansas.Good Faith Deposit

Each bid shall be accompanied (in the manner set forth in the Notice) by a good faith deposit in the form of a cashier’s or certified check drawn on a bank locat-ed in the United States of America or a wire transfer in Federal Reserve funds immediately available for use by the Issuer in the amount of 2% of the total par value of the Bonds.Delivery

The Issuer will pay for preparation of the Bonds and will deliver the same properly prepared, executed, and registered without cost to the successful bidder on or about November 18, 2020, to DTC for the account of the successful bidder.Assessed Valuation and Indebtedness

The Equalized Assessed Tangible Valuation for Com-putation of Bonded Debt Limitations for the year 2020 was $858,428,343. The total general obligation indebt-edness of the Issuer as of the Dated Date, including the Bonds being sold, is $28,435,000.Approval of Bonds

The Bonds will be sold subject to the legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, Bond Coun-sel to the Issuer, whose approving legal opinion as to the validity of the Bonds will be furnished and paid for by

(continued)



Bonds/Regulations

the Issuer, printed on the Bonds, and delivered to the successful bidder as and when the Bonds are delivered.Additional Information

Additional information regarding the Bonds may be obtained from the undersigned, or from the Municipal Advisor at the addresses set forth below:Good Faith Deposit Delivery Address

Ms. Janet Klasinski, County Clerk300 Walnut St., Suite 106Leavenworth, KS [email protected]

Municipal AdvisorStifel Nicolaus & Company, IncorporatedAttn: David Arteberry4801 Main St., Suite 530Kansas City, MO 64112816-283-5137Fax: [email protected]

Dated October 1, 2020.Janet Klasinski

County ClerkDoc. No. 048512

State of KansasBoard of Healing Arts

Notice of Hearing on Proposed Administrative Regulation

A public hearing will be conducted at 9:30 a.m. Thurs-day, December 10, 2020, in the board room at the Kan-sas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, Kansas, to consider a proposed regulation related to resident active licenses.

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the regulation. All interest-ed parties may submit comments prior to the hearing to Tucker Poling, General Counsel, at the Board of Heal-ing Arts at the address above, or via email to KSBHA_ [email protected]. All interested parties will be given a reasonable opportunity to present their views, orally or in writing, concerning the proposed regulation during the public hearing. In order to provide all parties with an opportunity to present their views, it may be necessary to request each participant limit any oral presentations to five minutes.

Copies of the proposed regulation and the Economic Impact Statement for the proposed regulation may be ob-tained from the Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, KS 66612, on the agency website at http://www.ksbha.org/public information/publicinformation.shtml, by contacting Lee-Ann Hunter-Roach at 785-296-4502, or by emailing the agency at [email protected].

Any individual with a disability may request accom-modation in order to participate in the public hearing and may request the proposed regulation being consid-ered and the economic impact statement in an accessible

format. Requests for accommodation to participate in the hearing should be made at least five working days in ad-vance of the hearing by contacting Sheila Rice at 785-296-8558 or at [email protected]. Individuals with hearing and/or speech disabilities may contact the Kansas Relay Center at 800-766-3777 for communication accommoda-tions. Handicapped parking is located on 8th Street and in the building’s parking garage. From the street, both the west entrance to the building on Jackson Street and the north entrance on 8th Street are accessible.

A summary of the proposed regulation and the eco-nomic impact follows:K.A.R. 100-6-2a. Resident active license qualifications.

This regulation deals with resident active licenses, for the purpose of evaluating applicants for licensure in medicine and surgery.

The proposed regulation has been the subject of com-munications over several years in regard to the need to update the healing arts regulations and bring them into more consistency with standard practices and edu-cational programs in the industry. The agency consult-ed with representatives from the University of Kansas School of Medicine, the Kansas Medical Association, and other stakeholders. Further, it should be noted that the Board of Healing Arts is comprised of medi-cal practitioners, business owners, and members of the public. Further, the agency intends to comply with all public hearing requirements involved in the promulga-tion process. Although the agency does not employ an economist, the lay opinion of the agency staff is that the economic effect on the affected businesses and business sector would be positive. No net implementation and compliance costs are contemplated other than routine agency resources used in regulation promulgation pro-cess. (See economic impact statement approved by the Department of Budget).

Tucker PolingExecutive Director

Doc. No. 048495

State of KansasDepartment of AgricultureNotice of Hearing on Proposed

Administrative RegulationsA public hearing will be conducted at 10:00 a.m. De-

cember 7, 2020, in the 1st floor meeting room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas, to consider the adoption of pro-posed regulations. Due to the public health concerns posed by the COVID-19 pandemic, the hearing proceed-ings will also be available via video conferencing system. Anyone desiring to participate in the public hearing via video conference must preregister at: https://kansasag.zoom.us/meeting/register/tJMpdu6qqTwqGtYU5_Y_ Uk22Znv4hc-lnrOt. Individuals planning to attend in person, please contact Ronda Hutton via email at [email protected] or telephone at 785-564-6715. Due to social distancing restrictions, seating for those attend-ing the hearing in person will be limited and will be pro-vided on a first come, first serve basis.

http://www.ksbha.org/publicinformation/publicinformation.shtml

http://www.ksbha.org/publicinformation/publicinformation.shtml

https://kansasag.zoom.us/meeting/register/tJMpdu6qqTwqGtYU5_Y_ Uk22Znv4hc-lnrOt



1267Kansas Register


Regulations

This 60-day notice of the public hearing shall consti-tute a public comment period for the purpose of receiv-ing written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Secretary of Agri-culture, 1320 Research Park Dr., Manhattan, KS 66502, or by email to [email protected]. All interested parties will be given a reasonable opportunity to orally present their views on the adoption of the proposed regulations during the hearing. In order to give all parties an oppor-tunity to present their views, it may be necessary to re-quest that each participant limit any oral presentation to five minutes. These regulations are proposed for adop-tion on a permanent basis. A summary of the proposed regulations and their economic impact follows:

Due to the passage of the 2018 Farm Bill, which re-moved hemp from the federal Controlled Substances Act, and the Commercial Industrial Hemp Act (“Act”), which allows the commercial production of Industrial Hemp in Kansas, the Kansas Department of Agriculture is proposing rules and regulations for a Commercial In-dustrial Hemp Program.

K.A.R. 4-34-22 – This regulation clarifies that K.A.R. 4-34-22 through 4-34-30 apply to the commercial produc-tion of industrial hemp and not to the production of in-dustrial hemp for research purposes. It also sets out the general requirements for commercial industrial hemp applications and licenses and requirements for certain information that licensees must report directly to the United States Department of Agriculture’s Farm Service Agency. This regulation states that each licensee will be held responsible for any hemp plant cultivated or pro-duced in violation of the Act, whether done by the licens-ee or by an employee, agent, contractor, or volunteer of the licensee. It also provides criminal history record check requirements and provides for the modification of a license, and provides that licenses are non-transferable, except in the event of the death of the licensee.

K.A.R. 4-34-23 – This regulation sets out planting and harvesting requirements. It requires that all industrial hemp cultivated or produced for commercial purposes originate from authorized seed or clone plants and states that all hemp seed shall be considered agricultural seed pursuant to K.S.A. 1415, et seq. and amendments there-to. It requires licensees to submit a field planting report within fifteen days of planting and requires licensees to maintain documentation regarding the source of all in-dustrial hemp cultivated and produced, as well as doc-umentation regarding the disposition of all industrial hemp cultivated or produced.

K.A.R. 4-34-24 – The regulation establishes the require-ments for the testing and sampling of industrial hemp, including sampling and testing fees. It requires all in-dustrial hemp be sampled no more than fifteen days before harvests and prohibits licensees from harvesting until they have received approval to do so. It also estab-lishes permissible levels of delta-9 tetrahydrocannabi-nol (“THC”) of industrial hemp plants and sets out the requirements for effective disposal in the event THC content is found to be greater than 0.3 percent on a dry weight basis. This regulation provides that each licens-

ee issued an order to effectively dispose of plants shall be placed on a corrective action plan if the violation is deemed negligent and reported to the Kansas Attorney General’s Office if the violation is the result of a culpable mental state greater than negligence.

K.A.R. 4-34-25 – This regulation establishes that all plants or plant parts deemed to have been cultivated or produced in violation of the Act for reasons other than containing a THC concentration greater than 0.3 percent on a dry-weight basis may be subject to effective disposal and sets out the requirements governing effective dis-posal. It provides that all licensees required to dispose of or destroy plants must do so in compliance with the Controlled Substances Act, 21 U.S.C. 801 et seq., and the requirements of the United States Drug Enforcement Agency, if doing so is required pursuant to federal law. If such compliance is not required pursuant to federal law, this regulation provides that a licensee required to destroy industrial hemp shall do so at their own expense, within ten days of receiving notice that destruction is re-quired. It also requires reporting the number of acres ef-fectively disposed of to the department. This regulation also provides that a licensee who violates the Act with a culpable mental state of negligence shall be placed on a corrective action plan, and a licensee who does so with a culpable mental state greater than negligence shall be reported to the Kansas Attorney General’s Office.

K.A.R. 4-34-26 – This regulation establishes require-ments for the transportation of industrial hemp. It re-quires all industrial hemp that is transferred to be accom-panied by a bill of lading and a certificate of analysis or other documentation, if available. It also provides that anyone in possession of unprocessed industrial hemp without a valid hemp producer’s license or a bill of lad-ing may be presumed to have cultivated or produced that industrial hemp in violation of that Act and requires that all licensees comply with all provisions of the Act and the implementing rules and regulations as well as all applicable local, state, and federal laws and regulations related to industrial hemp.

K.A.R. 4-34-27 – This regulation establishes additional restrictions on hemp producers, including where indus-trial hemp can be cultivated or produced. It also prohib-its interplanting, except by a state educational institution licensee and with the exception of ground cover. This regulation also includes requirements that signage be posted at each licensed growing area. It also establishes that licensees shall allow the Secretary to inspect unli-censed growing areas and adjacent areas and requires that each licensee destroy volunteer plants for at least three years after the last date of planting.

K.A.R. 4-34-28 – This regulation states that the Secre-tary shall be allowed to inspect all records of licensees related to industrial hemp and access all land of licens-ees that has been identified for the production or culti-vation of industrial hemp to ensure compliance with the Act. It also provides that each licensee shall consent to the Secretary providing information to the United States Department of Agriculture (“USDA”), law enforcement, fire and rescue agencies, and the public regarding each

(continued)



Regulations

licensed growing area and that each licensed growing area and adjacent areas shall be subject to access and in-spection, including sampling, by the Secretary at all rea-sonable times.

K.A.R. 4-34-29 – This regulation deals with negli-gent violations and corrective action plans. It sets out a non-exhaustive list of events which may constitute a negligent violation and provides that a licensee who neg-ligently violates the Act shall be required to follow a cor-rective action plan developed by the Secretary for a min-imum of two years and sets out different requirements for corrective action plans and disciplinary actions based on whether the licensee has committed a first negligent violation, a second negligent violation within five years of a previous negligent violation, or a third negligent vi-olation within five years of the first negligent violation.

K.A.R. 4-34-30 – This regulation establishes require-ments for state educational institution licensees and state educational institution hemp processor registrants. It provides that state educational institutions are exempt from application and licensing or registration fees but shall be subject to all other rules and regulations applica-ble to licensees. It requires each state educational institu-tion seeking licensure designate an individual who shall be responsible for all hemp-related activities and allows a state educational institution licensee to be granted a multi-year license upon written request.Economic Impact Statement:

These rules and regulations are authorized by the 2018 Farm Bill and 2-3901, et seq., the Commercial Industri-al Hemp Act. The 2018 Farm Bill authorized states to allow the commercial production of industrial hemp ei-ther by securing USDA approval of the state’s plan for a state-regulated program or by allowing federal regula-tion of industrial hemp pursuant to uniform rules pro-mulgated by USDA. Thus, these rules and regulations are not required by federal law—states that do not devel-op their own rules and regulations governing the com-mercial production of industrial hemp could still allow commercial industrial hemp production under federal rules. State plans may be more restrictive than federal re-quirements, as long as state requirements do not conflict with federal law. These proposed rules and regulations were written to comply with USDA’s interim final rule on hemp, so they do not differ substantially from the rules and regulations that USDA will use to administer federal commercial industrial hemp programs in states that do not enact their own programs.

It is likely these regulations will provide significant long-term enhancement to the Kansas economy. Indus-trial hemp has a wide range of uses, and the potential for long-term growth to the agriculture industry as well as other sectors of the Kansas economy as a result of allow-ing the commercial production of the crop is therefore substantial. Difficulty does remain, however, in quan-tifying this potential benefit. Because industrial hemp production is new in Kansas, much remains unknown regarding both production methods and what the mar-ket will be for this crop if it is successfully produced. The rules and regulations will likely not restrict existing busi-ness activities in Kansas in any way.

All amounts shown below reflect amounts that will be assessed or incurred during fiscal year 2021, as all costs before that year will be assessed or incurred as part of the Industrial Hemp Research Program, rather than the Commercial Industrial Hemp Program. The estimated number of licensees for each license category is based on the number of licensees who participated in the Indus-trial Hemp Research Program in 2019. The annual fees expected to be levied under the Commercial Industrial Hemp Program are as follows:

Category Proposed Fee Estimated Number

Total Fees

Application Fee $ 100.00 220 $ 22,000.00

Grower License $ 1,200.00 205 $ 246,000.00

Processor Registration $ 200.00 25 $ 5,000.00

Laboratory Testing Fee $ 225.00 205 $ 46,125.00

Modification Fee $ 50.00 50 $ 2,500.00

Criminal History Record Check Fee

$ 47.00 220 $ 10,340.00

$ 331,695.00

Individuals who obtain commercial industrial hemp licenses and hemp processor registrations as well as businesses that sell agricultural inputs, farm equipment, greenhouse materials, and hemp products will be direct-ly affected by these proposed regulations.

These proposed regulations have the potential to pro-vide significant long-term economic benefit to the state of Kansas. As industrial hemp has a wide variety of uses, positive impacts will likely be seen to the agriculture sector as well as other sectors of the Kansas economy. The economic impact of commercial industrial hemp production is difficult to quantify or predict with certain-ty, however, as the success of industrial hemp in Kansas is dependent upon the usual factors that affect agricul-tural production. Market volatility and weather events will play a significant role in determining the economic impact of industrial hemp in any given growing season. These difficulties are magnified in the case of industrial hemp because farmers, economists, and others in the in-dustry still have much to learn about this crop.

The costs of administering these proposed rules and regulations will remain largely the same as the costs under the Industrial Hemp Research Program because USDA sampling and testing requirements remain quite strict, and law enforcement will continue to bear costs in determining the difference between lawful hemp and il-legal marijuana. Overall, though, the potential economic benefit of these regulations far outweighs the costs that they present.

In the interest of minimizing the cost of the regulations to law enforcement agencies, the regulations contain documentation requirements intended to assist law en-forcement in determining whether a plant is marijuana or industrial hemp, as well as law enforcement report-ing requirements in the event tested plants are shown to have a THC concentration over a certain threshold.

The total annual and total implementation and com-pliance costs reasonably expected to be incurred by or passed along to business, local governments, or mem-

1269Kansas Register


Regulations

bers of the public is $331,695.00. In determining the to-tal implementation and compliance costs expected to be incurred by other governmental agencies, letters of request were sent to the Kansas League of Municipali-ties, Kansas Association of School Boards, Kansas Asso-ciation of Counties, Kansas Association of Chiefs of Po-lice, Kansas County and District Attorneys’ Association, Johnson County Sheriff’s Office Criminalistics Labora-tory, Kansas Bureau of Investigation, Kansas Highway Patrol, Kansas Peace Officers’ Association, Sedgwick County Regional Forensic Science Center, and the Kan-sas Sheriff’s Association. No responses were received from those entities.

The proposed regulations will not significantly in-crease or decrease revenues of cities, counties, or school districts. Most of the costs of the regulations will be borne by the department and law enforcement at the state level, though counties and municipalities could see some expenditures as a result of costs to local law enforcement.

Letters of request were sent to the League of Kansas Municipalities, the Kansas Association of Counties, and the Kansas Association of School Boards, inquiring whether the proposed regulations will have an econom-ic effect on those organizations. These letters requested a statement of quantified costs associated with imple-mentation and compliance, an estimate of the total an-nual implementation and compliance costs, a statement of whether implementation and compliance costs will exceed $3,000,000 over any two-year period, a state-ment of whether the draft regulations will increase or decrease the organizations’ revenue, and a statement of whether the draft regulations will impose functions or responsibilities on the organizations that will increase their fiscal expenditures or fiscal liability. Furthermore, draft regulations were shared with the public via the Kansas Department of Agriculture’s website and the public was able to submit comments or concerns to the department.

The department does not anticipate any costs accruing if the proposed regulations are not adopted.

Any individual with a disability may request accom-modations to participate in the public hearing and may request the proposed regulations and impact statement in an accessible format. Requests for accommodations should be made at least five working days in advance of the hearing by contacting Ronda Hutton at 785-564-6715 or fax 785-564-6777. Handicapped parking is located on the west side of the building at 1320 Research Park Dr., Manhattan, Kansas and the west entrance to the building is accessible to individuals with disabilities.

Copies of the regulations and their economic impact statement may be obtained by contacting the Department of Agriculture, Ronda M. Hutton, 1320 Research Park Dr., Manhattan, KS 66502 or 785-564-6715 or by accessing the department’s website at www.agriculture.ks.gov. Com-ments may also be made through our website at https://www.agriculture.ks.gov/document-services/public- comment.

Michael M. BeamSecretary

Doc. No. 048516

State of KansasBoard of Regents

Permanent Administrative Regulations

Article 30.—STUDENT HEALTH INSURANCE PROGRAM

88-30-1. Definitions. Each of the following terms, wherever used in this article of the board of regents’ regulations, shall have the meaning specified in this regulation:

(a) “Degree-seeking undergraduate student” means a student who has formally indicated to the state edu-cational institution the intent to complete a program of study that is designated by the United States department of education as a program that is eligible for federal fi-nancial aid.

(b) “Dependent” means a student’s unmarried child under the age of 19 who is not self-supporting.

(c) “Employer contribution” means the amount paid by a state educational institution for the coverage of a student employee that equals 75 percent of the cost of student-only coverage.

(d) “State board” means the state board of regents.(e) “State educational institution” has the meaning

specified in K.S.A. 76-711, and amendments thereto, except that for purposes of this article of the board of regents’ regulations, the university of Kansas medical center shall be considered a state educational institution separate from the university of Kansas, Lawrence, and its campuses.

(f)(1) “Student” means any individual who meets the following conditions:

(A) Is enrolled at a state educational institution, except as provided in paragraph (f)(1)(C)(iv);

(B) is not eligible for coverage under K.A.R. 108-1-1; and (C) meets one of the following conditions:(i) Is a degree-seeking undergraduate student who is

enrolled in at least six hours in the fall or spring semes-ters or at least three hours in the summer semester or is participating in an internship approved or sponsored by the state educational institution;

(ii) is a master’s degree student who is enrolled in at least three hours each semester;

(iii) is an individual with J-1 or other nonimmigrant status;

(iv) is an individual with nonimmigrant status who is engaged in optional practical training or academic train-ing, even though the individual is not enrolled:

(v) is a doctoral student;(vi) is a master’s or doctoral student who is participat-

ing in an internship approved or sponsored by the state educational institution; or

(vii) has been appointed as a postdoctoral fellow.(2) “Student” shall not include either of the following:(A) Except as provided in paragraph (f)(3), any indi-

vidual who is enrolled exclusively in any of the follow-ing:

(i) One or more semester-based internet courses;(ii) one or more semester-based television courses;

(continued)

http://www.agriculture.ks.gov

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Regulations

(iii) one or more home study courses; or(iv) one or more correspondence courses; or(B) a concurrent enrollment pupil, as defined in K.S.A.

72-11a03 and amendments thereto.(3) The limitations of paragraph (f)(2)(A) shall not ap-

ply to any student employee whose official workstation is on the main campus of a state educational institution. On and after August 1, 2020, the limitations of paragraph (f)(2)(A) shall not apply during any semester for which a state educational institution suspends or substantially modifies its in-person attendance requirements.

(4) Each individual who meets the criteria for being a “student,” as specified in this subsection, at the time of application for coverage under the student health insur-ance program shall remain eligible for coverage through-out the coverage period.

(g) “Student employee” means a student who meets one of the following conditions:

(1) Is appointed for the current semester to a gradu-ate assistant, graduate teaching assistant, or graduate research assistant position that is at least a 50 percent ap-pointment; or

(2) holds concurrent appointments to more than one graduate assistant, graduate teaching assistant, or grad-uate research assistant position that total at least a 50 per-cent appointment.

(h) “Student health insurance program” means the health and accident insurance coverage or health care ser-vices of a health maintenance organization for which the state board has contracted pursuant to K.S.A. 75-4101, and amendments thereto. (Authorized by and implementing K.S.A. 75-4101; effective, T-88-6-14-07, June 14, 2007; effec-tive Oct. 12, 2007; amended Aug. 1, 2011; amended, T-88-6-26-20, June 26, 2020; amended Oct. 23, 2020.)

88-30-2. Election of coverage. Any student may elect coverage under the student health insurance program for any of the following sets of people, to the extent that the coverage is offered by the state board:

(a) The student;(b) the student and the student’s spouse;(c) the student and any dependents; or(d) the student, the student’s spouse, and any depen-

dents. (Authorized by and implementing K.S.A. 75-4101; effective, T-88-6-14-07, June 14, 2007; effective Oct. 12, 2007; amended Oct. 23, 2020.)

Blake FlandersPresident and CEO

Doc. No. 048507

State of KansasBoard of Regents


Article 10.—TAX-SHELTERED ANNUITY PROGRAM

88-10-1, 88-10-2, and 88-10-3. (Authorized by K.S.A. 1984 Supp. 74-4925; implementing K.S.A. 1984 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

88-10-4. (Authorized by and implementing K.S.A. 1991 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; ef-fective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; amended June 7, 1993; revoked Oct. 23, 2020.)

88-10-5. (Authorized by K.S.A. 1984 Supp. 74-4925; implementing K.S.A. 1984 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

88-10-6. (Authorized by K.S.A. 1986 Supp. 74-4925; implementing K.S.A. 1986 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; amended May 1, 1988; revoked Oct. 23, 2020.)

88-10-7 and 88-10-8. (Authorized by K.S.A. 1984 Supp. 74-4925; implementing K.S.A. 1984 Supp. 74-4925; effective, E-74-12, Dec. 28, 1973; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)



Article 11.—TAX-SHELTERED ANNUITY PROGRAMS FOR PERSONS COVERED

BY K.S.A. 74-4925b

88-11-1, 88-11-2, 88-11-3, and 88-11-4. (Au-thorized by K.S.A. 74-4925b; implementing K.S.A. 74-4925b; effective, E-74-34, July 2, 1974; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

88-11-5. (Authorized by and implementing K.S.A. 74-4925b; effective, E-74-34, July 2, 1974; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; amended June 7, 1993; revoked Oct. 23, 2020.)

88-11-6. (Authorized by K.S.A. 74-4925b; imple-menting K.S.A. 74-4925b; effective, E-74-34, July 2, 1974; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

88-11-7. (Authorized by K.S.A. 74-4925b; imple-menting K.S.A. 74-4925b; effective, E-74-34, July 2, 1974; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; amended May 1, 1988; revoked Oct. 23, 2020.)

88-11-8 and 88-11-9. (Authorized by K.S.A. 74-4925b; implementing K.S.A. 74-4925b; effective, E-74-34, July 2, 1974; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

88-11-11 and 88-11-12. (Authorized by K.S.A. 74-

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4925b; implementing K.S.A. 74-4925b; effective, E-74-34, July 2, 1974; effective May 1, 1975; amended, T-85-31, Nov. 14, 1984; amended May 1, 1985; revoked Oct. 23, 2020.)

Blake FlandersPresident and CEO

Doc. No. 048508

State of KansasDepartment of Wildlife, Parks and Tourism


Article 14.—FALCONRY

115-14-12. Falconry; permits, applications, and ex-aminations. (a) Except as provided in this regulation, any individual engaged in falconry who possesses a cur-rent Kansas falconry permit or a current falconry permit from another state may engage in falconry activities as authorized by law or regulation. The permittee shall be in the immediate possession of the permit while trap-ping, transporting, working with, or flying a falconry raptor. Each falconer wanting to capture a raptor from the wild shall comply with K.A.R. 115-14-14. The permit-tee shall not be required to have immediate possession of the falconry permit while the raptor is located on the permitted premises of the falconry facility but shall pro-duce the permit upon request for inspection by any law enforcement officer authorized to enforce the provisions of this regulation.

(b) Each individual wanting to engage in falconry shall submit an application to the secretary for the appropriate permit, on forms provided by the department. The appli-cation shall require at least the following information to be provided:

(1) The applicant’s name;(2) the applicant’s address;(3) the address of the facilities where the raptors are to

be kept;(4) the species and number of raptors to be permitted

in accordance with the limitations specified in this regu-lation;

(5) the applicant’s date of birth;(6) the applicant’s social security number;(7) the level of falconry permit being applied for; and(8) any additional relevant information that may be

required for the type of permit as described within this regulation.

(c) Each falconry permit shall be valid from the date of issuance through December 31 in the third calendar year after issuance. A falconry permit may be renewed without the examination otherwise required by this reg-ulation if the permit is renewed before the current permit expires.

(d) Each individual holding a current valid falconry permit from another state, moving to Kansas with the intent to establish residency, and wanting to bring that individual’s legally permitted raptors into the state shall meet the following requirements:

(1) The individual shall apply for the appropriate level of Kansas falconry permit within 30 days after moving

into the state. The determination of which level of falcon-ry permit is appropriate for the applicant shall be based on the requirements of subsections (j), (k), and (l).

(2) The individual shall not be required to take the de-partment’s falconry examination specified in paragraph (j)(3).

(3) The individual shall notify the state where the indi-vidual formerly resided of the individual’s move, within 30 days of moving to Kansas.

(4) Any falconry birds held by the individual under the former permit may be retained during the permit application and issuance process in Kansas if the birds are kept in an appropriate facility as specified in K.A.R. 115-14-13.

Each permanent facility to house falconry birds pos-sessed under this subsection shall be constructed, in-spected, and approved in accordance with K.A.R. 115-14-13 before the issuance of the Kansas falconry permit.

(e) Each individual whose permit has lapsed shall be allowed to reinstate that individual’s permit in accor-dance with this subsection.

(1) Any individual whose Kansas falconry permit has lapsed for fewer than five years may be reinstated at the level previously held if the individual submits a com-plete application and provides proof of the previous lev-el of certification. Each of the individual’s facilities shall pass the inspection requirements in K.A.R. 115-14-13 be-fore the individual may be allowed to possess a falconry raptor.

(2) Each individual whose Kansas falconry permit has lapsed for five years or more shall be required to correct-ly answer at least 80 percent of the questions on the de-partment’s falconry examination specified in paragraph (j)(3). Upon passing the examination, the individual’s falconry permit shall be reinstated at the level previous-ly held. Each of the individual’s facilities shall pass the inspection requirements in K.A.R. 115-14-13 before the individual may be allowed to possess a falconry raptor.

(f) Any individual whose falconry permit has been re-voked or suspended may apply for that individual’s per-mit to be reinstated after the suspension period or revo-cation. In addition to submitting a completed application to the department, the individual shall be required to cor-rectly answer at least 80 percent of the questions on the department’s falconry examination specified in paragraph (j)(3). Upon passing the examination, the individual’s fal-conry permit shall be reinstated at the level previously held. Each of the individual’s facilities shall pass the in-spection requirements in K.A.R. 115-14-13 before the indi-vidual may be allowed to possess a falconry raptor.

(g) Any individual residing in Kansas who is not a cit-izen of the United States, has practiced falconry in the individual’s home country, and has not been previous-ly permitted for falconry in another state may apply for a temporary falconry permit. Each temporary falconry permit shall be valid from the date of issuance through December 31 in the third calendar year after issuance. The level of permit issued shall be consistent with the level of permit types specified in subsections (j), (k), and (l). In addition, the applicant shall meet the following provisions:

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Regulations

(1) Any individual covered under this subsection may apply for and receive a temporary falconry permit in ac-cordance with the following provisions:

(A) The individual applying for the temporary permit shall be required to correctly answer at least 80 percent of the questions on the department’s falconry examination specified in paragraph (j)(3).

(B) Upon passing the examination, a temporary permit for the appropriate level shall be issued by the depart-ment, based on the individual’s documentation of expe-rience and training.

(C) The individual holding the temporary permit may possess raptors for falconry purposes if the individu-al has falconry facilities approved in accordance with K.A.R. 115-14-13. The individual holding a temporary permit may fly raptors held for falconry by another per-mitted falconer. The individual holding a temporary permit shall not take raptors from the wild for falconry purposes.

(2) Any individual holding a temporary permit in ac-cordance with this subsection may use any bird for fal-conry that the individual legally possessed in the indi-vidual’s country of origin for falconry purposes if the importation of that species of bird into the United States is not prohibited and the individual has met all permit-ting requirements of the individual’s country of origin.

(A) The individual shall comply with all requirements for practicing falconry in the state. The individual shall acquire all permits and comply with all federal laws con-cerning the importation, exportation, and transportation of falconry birds; the wild bird conservation act; the en-dangered species act; migratory bird import and export permits; and the endangered species convention.

(B) Each falconry bird imported into the state under this subsection shall be exported from the state by the temporary permittee when the permittee leaves the state, unless a permit is issued allowing the bird to remain in Kansas. If the bird dies while in the state, the permittee shall report the loss to the department before leaving the state.

(C) When flown free, each bird brought into the state under the provisions of this subsection shall have at-tached to the bird two radio transmitters that allow the permittee to locate the bird.

(h) Each individual who holds a current, valid Kansas falconry permit and resides in another state, territory, or tribal land different from the individual’s primary Kan-sas residence for more than 120 consecutive days shall provide the location of the individual’s falconry facilities in the other jurisdiction to the department. This informa-tion shall be listed on the individual’s Kansas falconry permit.

(i) Falconry permits shall be issued for the following levels of permittees: apprentice falconer, general falcon-er, and master falconer. Each applicant for a specific level shall meet the requirements of subsection (j), (k), or (l).

(j) An “apprentice falconer” shall mean an individual who is beginning falconry at an entry level, has no prior permitted falconry experience, and meets the following requirements:

(1) The applicant shall be at least 12 years of age. The application of any applicant under 18 years of age shall

be signed by a parent or legal guardian, who shall be le-gally responsible for the applicant’s activities.

(2) The applicant shall have secured a written sponsor agreement either from a general falconer with at least two years of falconry experience as a general falconer or from a master falconer, stating that the falconer has agreed to mentor the applicant for the duration of the apprentice permit.

(A) The sponsor agreement shall include a statement from the general falconer or master falconer specifying that the sponsor shall mentor the applicant in learning the husbandry and training of raptors for falconry, learn-ing relevant wildlife laws and regulations concerning the practice of falconry, and deciding what species of raptor is appropriate for the applicant to possess while practic-ing falconry at the apprentice level.

(B) If the general falconer or master falconer is not able to fulfill the sponsor agreement to mentor the apprentice falconer, the apprentice shall secure a sponsor agreement from another falconer with the necessary qualifications and notify the department within 30 days of the change. The falconer sponsoring the apprentice falconer shall no-tify the department in writing within 30 days of with-drawing the falconer’s mentorship.

(3) Each applicant for an apprentice falconry permit shall be required to correctly answer at least 80 percent of the questions on the department’s falconry examination. The examination shall cover the following topics:

(A) The care and handling of falconry raptors;(B) federal and state laws and regulations relating to

falconry; and(C) other relevant subject matter relating to falconry,

including diseases and general health.(4) Any applicant failing the examination may reapply

after 90 days.(5) An apprentice falconer shall not possess more than

one raptor. Each apprentice falconer shall be restricted to taking or possessing not more than one wild-caught raptor from one of the following species:

(A) American kestrel (Falco sparverius);(B) red-tailed hawk (Buteo jamaicensis); or(C) red-shouldered hawk (Buteo lineatus).(6) A raptor acquired by an apprentice falconer shall

not have been taken from the wild as an eyas or have become imprinted on humans. Any wild-caught raptor species specified in paragraph (j)(5) may be transferred to the apprentice falconer by another properly permitted falconry permittee.

An apprentice falconer shall not acquire more than one replacement raptor during any 12-month period.

(7) The facilities used to house and keep the raptor shall meet the requirements in K.A.R. 115-14-13.

(k) A “general falconer” shall mean an individual who has been previously permitted as an apprentice falconer and meets the following requirements:

(1) The applicant shall be at least 16 years of age. The application of any applicant under 18 years of age shall be signed by a parent or legal guardian, who shall be le-gally responsible for the applicant’s activities.

(2) Each application shall be accompanied by a letter from general falconer or a master falconer stating that the applicant has practiced falconry with wild raptors at the

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level of apprentice falconer, or its equivalent, for at least two years, including maintaining, training, flying, and hunting the raptor for at least four months in each year. This time may include the capture and release of falconry raptors. A school or education program in falconry shall not be substituted to shorten the required two years of experience at the level of apprentice falconer.

(3) A general falconer may take and use any species of Accipitriform, Falconiform, or Strigiform, including wild or captive-bred raptors and hybrid raptors, as defined in K.A.R. 115-14-11, for falconry, with the following excep-tions:

(A) Golden eagle (Aquila chrysaetos);(B) bald eagle (Haliaeetus leucocephalus);(C) white-tailed eagle (Haliaeetus albicilla); and(D) Steller’s sea eagle (Haliaeetus pelagicus).(4) A general falconer shall possess no more than three

raptors at any one time, regardless of the number of state, tribal, or territorial falconry permits the general falconer possesses.

(l) A “master falconer” shall mean an individual who has been previously permitted at the level of general fal-coner and meets the following requirements:

(1) The applicant shall have practiced falconry with that individual’s own raptor as a general falconer for at least five years.

(2) A master falconer may take and use any species of Accipitriform, Falconiform, or Strigiform, including wild or captive-bred raptors and hybrid raptors for falconry, with the following exceptions:

(A) A bald eagle (Haliaeetus leucocephalus) shall not be possessed.

(B) Golden eagles (Aquila chrysaetos), white-tailed ea-gles (Haliaeetus albicilla), or Steller’s sea eagles (Haliaeetus pelagicus) may be possessed if the permittee meets the following requirements:

(i) The permittee shall not possess more than three rap-tors of the species listed in paragraph (l)(2)(B).

(ii) The permittee shall provide documentation to the department of the permittee’s experience in handling large raptors, including information about the species handled and the type and duration of the activity in which the experience was gained.

(iii) The permittee shall provide the department with at least two letters of reference from people with experi-ence in handling or flying large raptors including eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus). Each let-ter shall contain a concise history of the author’s experi-ence with large raptors, which may include the handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter shall also assess the permittee’s ability to care for eagles and fly them for falconry purposes.

(C) The possession of a golden eagle, white-tailed ea-gle, or Steller’s sea eagle shall count as one of the wild raptors that the permittee is allowed to possess.

(D) A master falconer may possess wild or captive-bred raptors or hybrid raptors of the species allowed by this subsection.

(E) A master falconer shall possess no more than five wild-caught raptors, including golden eagles, regardless

of the number of state, tribal, or territorial falconry per-mits that the falconer possesses.

(F) A master falconer may possess any number of captive-bred raptors. However, the raptors shall be trained to pursue wild game and shall be used for hunting.

(m) A falconry permit may be denied, suspended, or revoked by the secretary for any of the following reasons:

(1) The application is incomplete or contains false in-formation.

(2) The applicant does not meet the qualifications spec-ified in this regulation.

(3) The applicant has failed to maintain or to submit required reports.

(4) The applicant has been convicted of violating de-partment laws or regulations relating to hunting or the practice of falconry or has had any other department li-cense or permit denied, suspended, or revoked.

(5) Issuance of the permit would not be in the best in-terests of the public, for reasons including complaints or inappropriate conduct while holding a previous falconry permit.

This regulation shall be effective on and after Decem-ber 31, 2020. (Authorized by and implementing K.S.A. 2019 Supp. 32-807; effective Dec. 31, 2012; amended Dec. 31, 2020.)

115-14-13. Falconry; facilities, equipment, care re-quirements, and inspections. (a) Each individual keep-ing raptors shall maintain the facilities in accordance with this regulation.

(1) “Primary facility” shall mean the principal place and structures where the raptor is normally provided care and housing. This term shall include indoor facilities and outdoor facilities.

(2) “Temporary facility” shall mean a place and struc-ture where a raptor is kept during the raptor’s time away from the primary facility, including during transporta-tion and while hunting or attending an event. This term shall include a place and structure where a raptor is kept for a limited time period while the primary facility is not available.

(b) All primary facilities used to house and keep rap-tors shall be inspected and approved by the department before the issuance of a Kansas falconry permit. Thereaf-ter, all primary facilities used to house and keep raptors shall be inspected and approved whenever a change in the location of the primary facility occurs. All primary facilities shall meet the following standards:

(1) All indoor areas of the primary facility, which are also known as “mews,” and all outdoor areas of the pri-mary facility, which are also known as “weathering ar-eas,” shall protect raptors from the environment, preda-tors, and domestic animals.

(2) The indoor area of the primary facility shall have a perch for each raptor and at least one opening for sun-light.

(3) Two or more raptors may be housed together and un-tethered if the birds are compatible with each other. Each raptor shall have an area large enough to allow the rap-tor to fly if it is untethered or, if tethered, to fully extend its wings to bate or attempt to fly while tethered without damaging its feathers or contacting other raptors.

(continued)



Regulations

(4) Each raptor shall have a pan of clean water avail-able.

(5) Each indoor area of the primary facility shall be large enough to allow easy access for the care and feed-ing of the raptors kept there.

(6) Each indoor area of the primary facility hous-ing untethered raptors shall have either solid walls or walls made with vertical bars spaced narrower than the width of the body of the smallest raptor being housed, heavy-duty netting, or other similar materials covering the walls and roof of the facility. All windows shall be protected on the inside by vertical bars, spaced at inter-vals narrower than the width of the raptor’s body.

(7) The floor of the indoor area of the primary facility shall consist of material that is easily cleaned and well drained.

(8) Each indoor area of the primary facility shall in-clude shelf-perch enclosures where raptors are tethered side by side. Other housing systems shall be acceptable if they afford the enclosed raptors with protection and maintain healthy feathers.

(9) A falconry raptor, or raptors, may be kept inside the permittee’s residence if a suitable perch, or perches, are provided. Windows and other openings in the residence structure shall not be required to be modified. All raptors kept in the residence shall be tethered when the raptors are not being moved into or out of the location where they are kept.

(10) Each outdoor area of the primary facility shall be totally enclosed and shall be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suit-able material.

(11) Each outdoor area of the primary facility shall be covered and have at least a covered perch to protect a raptor held in the facility from predators and weather. Each outdoor area of the primary facility shall be large enough to ensure that all the raptors held inside cannot strike the enclosure when flying from the perch.

(12) Any new design of primary facility may be used if the primary facility meets the requirements of this sub-section.

(c) Falconry raptors may be kept outside, including in a weathering yard at a falconry meet, if the raptors are under watch by the permittee or a designated individual.

(d) The permittee may transport any permitted raptor if the bird is provided with a suitable perch and is pro-tected from extreme temperatures, wind, and excessive disturbance. A giant hood or similar container may be used for transporting the bird or for housing it while away from the primary facility.

(e) The permittee shall inform the department of any change of location of the primary facility within five business days of the move to the new location.

(f) The property where the primary facility is located may be owned by the permittee or another person and may be at the residence of the permittee or at a different location.

The permittee shall submit to the department a signed and dated statement showing that the permittee agrees that the primary facility, equipment, all falconry-related facilities, equipment, records, and raptors may be in-spected without advance notice by department author-

ities at any reasonable time on any day of the week if the inspections are in the presence of the permittee. If the property is not owned by the permittee, the actual prop-erty owner shall also sign the statement acknowledging the inspection allowance.

(g) The permittee shall provide and maintain the fol-lowing equipment during the term of the permit:

(1) At least one pair of Aylmeri jesses, or jesses of a sim-ilar type, constructed of pliable, high-quality leather or a suitable synthetic material. The jesses shall be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown;

(2) at least one flexible, weather-resistant leash and one strong swivel of acceptable falconry design;

(3) at least one suitable bath container for each raptor. Each container shall be at least two to six inches deep and wider than the length of the raptor; and

(4) a reliable scale or balance that is suitable for weigh-ing the raptors and is graduated to increments of not more than ½ ounce (15 grams).

(h) A permittee may house a raptor in temporary fa-cilities for no more than 120 consecutive days if the bird is provided with a suitable perch and protection from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

(i) A permittee may allow a raptor to be temporarily cared for and possessed by another falconry permittee in accordance with the following requirements:

(1) The raptor shall be kept at the permittee’s primary facility or at the permitted primary facility of the other permittee.

(2) The raptor shall be cared for by the other permittee for no more than 120 consecutive days, unless the depart-ment provides a written extension of time for extenuating circumstances that may include illness, military service, or a family emergency. Extenuating circumstances may be considered by the secretary on a case-by-case basis.

(3) The permittee shall provide the other permittee with a signed, dated statement authorizing the tempo-rary possession. The statement shall include information specifying the time period during which the temporary care and possession are allowed and what activity is al-lowed. The permittee providing the temporary care may fly the raptor as authorized in the statement, includ-ing hunting, if the permittee providing the temporary care holds the appropriate level of falconry permit. The raptors being provided temporary care shall not count against the possession limit of the permittee providing the care.

(4) The permittee shall provide a copy of the United States fish and wildlife service form 3-186A showing that permittee as the possessor of the raptor to the other per-mittee providing the temporary care.

(j) Any permittee may allow a raptor to be temporarily cared for by an individual who does not possess a falcon-ry permit in accordance with the following provisions:

(1) The raptor shall not be removed from the permit-tee’s facility during the time of temporary care. The per-son caring for the raptor shall not fly the raptor for any reason.

(2) The raptor may be cared for by another person for no more than 45 consecutive days, unless the department

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provides a written extension of time for extenuating cir-cumstances that may include illness, military service, or a family emergency. Extenuating circumstances may be considered by the secretary on a case-by-case basis.

(3) The raptor shall remain on the permittee’s falconry permit.

(k) Falconry raptors may be trained or conditioned in accordance with the following provisions:

(1) Equipment or techniques acceptable for falconry practices including or similar to any of the following may be used:

(A) Tethered flying, which is also known as flying with a creance;

(B) lures made from animal parts;(C) balloons;(D) kites; or(E) remote-control airplanes.(2) The following species of live wildlife may be used:(A) Rock dove or domestic pigeon;(B) European starling;(C) house sparrow;(D) Hungarian partridge;(E) Chukar partridge; and(F) any small game, as defined by K.S.A. 32-701 and

amendments thereto, during the established hunting seasons for the small game.

(l) All facilities and equipment shall be properly main-tained and cleaned during the term of the permit.

(m) Mistreatment of any raptor shall be grounds for revocation of the falconer’s permit and for confiscation of any raptors in possession of the falconer. “Mistreatment” shall be defined as any of the following:

(1) Having physical custody of a raptor and failing to provide food, potable water, protection from the el-ements, opportunity for exercise, and other care as is needed for the health and well-being of the raptor;

(2) abandoning or leaving any raptor in any place with-out making provisions for its proper care; or

(3) failing to meet the requirements of this regulation.This regulation shall be effective on and after Decem-

ber 31, 2020. (Authorized by and implementing K.S.A. 2019 Supp. 32-807; effective Dec. 31, 2012; amended Dec. 31, 2020.)

115-14-14. Falconry; taking, banding, transporting, and possessing raptors. (a) For the purpose of this reg-ulation, “falconer” shall be defined as a person taking or attempting to take a raptor from the wild for falcon-ry purposes. Each falconer shall possess a current, valid hunting license pursuant to K.S.A. 32-919, and amend-ments thereto, and meet the requirements for hunter education certification pursuant to K.S.A. 32-920, and amendments thereto.

(b) Each nonresident falconer shall apply for and re-ceive a take permit from the department before attempt-ing to take a raptor from the wild in Kansas. Each non-resident falconer shall submit a raptor acquisition report within 10 days of leaving Kansas, regardless of whether the falconer was successful in taking a raptor.

(c) Each resident falconer shall apply for and receive a take permit from the department before attempting to take a peregrine falcon from the wild in Kansas.

(d) Each capture device used to capture raptors shall

have a tag attached showing the falconer’s name, ad-dress, and current falconry permit number.

(e) The falconer shall acquire permission from the land-owner or the person controlling any private land before taking or attempting to take any wild raptor for falconry purposes.

(f) Wild raptors may be taken for falconry purposes if the species is approved by the department to be taken by the falconer and is allowed under the level of falcon-ry permit possessed by the falconer in accordance with K.A.R. 115-14-12.

(1) A falconer shall not intentionally take a raptor spe-cies that the falconer is prohibited from possessing by the falconer’s classification level.

(2) If a falconer captures a prohibited bird, the falconer shall immediately release it.

(g) A falconer shall take no more than two raptors from the wild each year to use in falconry in accordance with the permit level limitations specified in K.A.R. 115-14-12. The take shall be further restricted by the following pro-visions:

(1) Passage and haggard raptors may be taken by ap-prentice falconers, general falconers, and master falcon-ers year-round.

(2) Eyases may be taken only by a general falconer or master falconer and may be taken year-round.

(3) No more than two eyases may be taken by a general falconer or a master falconer per calendar year. At least one eyas shall be left in the nest when an eyas is taken.

An apprentice falconer shall not take an eyas raptor from the wild.

(4) The following raptors may be taken from the wild, but only during the specified stages of development:

(A) Red-tailed hawk (Buteo jamaicensis) in the eyas and passage stages;

(B) American kestrel (Falco sparverius) in all stages; and(C) great horned owl (Bubo virginianus) in all stages.(5) Any other species of raptor in the eyas or passage

stage of development may be taken by general falconers and master falconers.

(6) The recapture of a falconry bird that has been lost by a falconer shall not be considered to be the capture of a wild raptor to be counted against the annual limit.

(h) Except as provided by this subsection, no species designated by the United States or in K.A.R. 115-15-1 as endangered or threatened shall be taken from the wild.

(1) A general falconer or master falconer may obtain a permit to take one wild raptor listed by federal law as threatened for falconry purposes.

(2)(A) The falconer shall submit an application and re-ceive a federal endangered species permit before taking the bird.

(B) The falconer shall submit an application and re-ceive approval and a permit from the department before taking the bird.

(i) Each raptor taken from the wild shall always be con-sidered a wild bird.

(j) Each raptor taken from the wild in a calendar year by a falconer and then transferred to a second falcon-er shall count as one of the raptors allowed to be taken by the first falconer who took the raptor from the wild.

(continued)



Regulations

The raptor transferred to the receiving falconer shall not count against the limit of wild raptors that may be taken in the calendar year by the receiving falconer.

(k) Each raptor taken from the wild shall be reported as follows:

(1) The falconer who is present and takes possession of a wild raptor at the capture site shall file the required re-port information within 10 calendar days of the capture by submitting the information to the electronic database of the United States fish and wildlife service.

(2) Any falconer may enlist the assistance of another person to take a wild raptor if the falconer is at the exact location of the capture and takes immediate possession of the bird.

(3) Any falconer who does not take immediate posses-sion of a wild raptor at the exact location of the capture may acquire a wild raptor from a general falconer or master falconer, as defined in K.A.R. 115-14-12, in accor-dance with the following reporting requirements:

(A) The general falconer or master falconer who takes the raptor from the wild shall report the capture in accor-dance with paragraph (k)(1).

(B) The falconer receiving the wild raptor from the gen-eral falconer or master falconer shall report the transfer of the bird within 10 calendar days of the transfer by sub-mitting the information to the electronic database of the United States fish and wildlife service.

(4) Any falconer who has a long-term or permanent physical impairment that prevents the individual from being present at the exact location of the capture and tak-ing immediate possession of a wild raptor that may be used by the falconer for falconry purposes may acquire a bird by the following means:

(A) Any general falconer or master falconer, as defined by K.A.R. 115-14-12, may capture the wild raptor.

This capture shall not count against the general falcon-er’s or master falconer’s calendar-year limit for the take of wild raptors. However, this capture shall count against the calendar-year limit for wild raptors of the falconer with the long-term or permanent physical impairment.

(B) The falconer with the long-term or permanent physical impairment shall file the capture report in ac-cordance with paragraph (k)(1).

(C) The falconer with the long-term or permanent physical impairment shall confirm the presence of the impairment and the need to report in accordance with this subsection at the time of application for the capture permit.

(l) A master falconer may be authorized by permit to possess not more than three eagles, including golden ea-gles, white-tailed eagles, or Steller’s sea eagles, for fal-conry in accordance with the following provisions:

(1) Each eagle possessed shall count against the posses-sion limit for the falconer.

(2) A golden eagle may be taken in a location declared by the wildlife services of the United States department of agriculture or in an area within a state that has been established as a livestock depredation area in accordance with the following provisions:

(A) An immature or a subadult golden eagle may be taken in a livestock depredation area while the depreda-tion area is in effect.

(B) A nesting adult golden eagle, or an eyas from its nest, may be taken in a livestock depredation area if a biologist that represents the agency responsible for es-tablishing the depredation area has determined that the adult eagle is preying on livestock.

(C) The falconer shall notify the regional law enforce-ment office of the United States fish and wildlife service of the capture plan before any trapping activity begins. Notification shall be submitted in person, in writing, or by facsimile or electronic mail at least three business days before the start of trapping.

(m) Any raptor wearing falconry equipment or any captive-bred raptor may be recaptured at any time by any falconer in accordance with the following provisions:

(1) The falconer may recapture the raptor whether or not the falconer is allowed to possess that species.

(2) The recaptured bird shall not count against the fal-coner’s possession limit. This take from the wild shall not count against the capture limit for the calendar year.

(3) The falconer shall report the recapture to the de-partment within five working days of the recapture.

(4) The disposition of any recaptured bird shall be as follows:

(A) The bird shall be returned to the person who lost it, if that person may legally possess the bird and chooses to do so. If the person who lost the bird either is prohibited from taking or chooses not to take the bird, the falconer who captured the bird may take possession of the bird if the falconer holds the necessary qualifications for the species and does not exceed the falconer’s possession limit.

(B) The disposition of a recaptured bird whose legal ownership cannot be ascertained shall be determined by the department.

(n) Each goshawk (Accipiter gentilis), Harris’s hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) taken from the wild or ac-quired from a rehabilitator by a falconer shall be identi-fied by one or more of the following means:

(1) The bird shall be banded with a black nylon, per-manent, nonreusable, numbered falconry registration leg band from the United States fish and wildlife service. The bands shall be made available through the department. Any falconer may request an appropriate band before any effort to capture a raptor.

(2) In addition to the band specified in paragraph (n)(1), the falconer may purchase and have implanted in the bird a 134.2 kHz microchip that is compliant with the requirements of an international organization for stan-dardization. All costs associated with the implantation of a microchip shall be the responsibility of the falconer.

(3) The falconer shall report the take of any bird within 10 days of the take by submitting the required informa-tion, including the band number or the microchip infor-mation, or both, to the electronic database of the United States fish and wildlife service.

(4) The falconer shall report to the department the loss or removal of any black nylon, nonreusable leg band within five days of the removal or notice of loss.

(A)(i) When submitting the report, the falconer shall submit a request for a black, nylon, nonreusable leg band to the United States fish and wildlife service.

1277Kansas Register


Regulations

(ii) The falconer may purchase and implant a 134.2 kHz microchip that is compliant with the requirements of an international organization for standardization, in addi-tion to using the black, nylon, nonreusable leg band for rebanding.

(B) The falconer shall immediately submit the required information relating to the re-banding or the implant-ing of a microchip by submitting the information to the electronic database of the United States fish and wildlife service.

(o) Each raptor bred in captivity shall be banded with a seamless metal falconry registration band provided by the United States fish and wildlife service. In addition, any such raptor may have implanted a 134.2 kHz micro-chip that is compliant with the requirements of an inter-national organization for standardization.

The falconer shall report to the department the loss or removal of any seamless band within 10 days of the re-moval or notice of loss.

(1)(A) When submitting the report, the falconer shall submit a request for a yellow, nylon, nonreusable leg band to the United States fish and wildlife service.

(B) The falconer may purchase and implant a 134.2 kHz microchip that is compliant with the requirements of an international organization for standardization, in addition to using the seamless leg band for rebanding.

(2) The falconer shall immediately submit the required information relating to the re-banding or the implant-ing of a microchip by submitting the information to the electronic database of the United States fish and wildlife service.

(p) A falconry registration band shall not be altered, defaced, or counterfeited. However, the rear tab on a fal-conry registration band used to identify a raptor taken from the wild may be removed and any imperfect sur-face may be smoothed if the integrity of the band and the numbering on the band are not affected.

(q) The falconry registration band requirement may be waived by the secretary and the removal of a registration band may be allowed in order to address a documented health or injury problem caused to a raptor by the regis-tration band in accordance with the following provisions:

(1) The falconer shall be required to carry a copy of the exemption paperwork at all times while transporting or flying the raptor.

(2) A microchip compliant with the requirements of an international organization for standardization and provided by the United States fish and wildlife service shall be used to replace the registration band causing the health or injury problem on a wild-caught goshawk, Harris’s hawk, peregrine falcon, or gyrfalcon.

(r) A wild-caught falcon shall not be banded with a seamless numbered band.

(s) Any falconer, with prior authorization, may take a wild raptor, including a wild raptor that has been banded with an aluminum band from the federal bird- banding laboratory of the United States fish and wildlife service, during the legal season using legal methods and equipment, in accordance with the following provisions:

(1) Each captured raptor that has any band, research marker, or transmitter attached to it shall be immedi-ately reported to the federal bird-banding laboratory of

the United States fish and wildlife service. The reported information shall include any identifying numbers, the date and location of capture, and any other relevant in-formation.

(2) A peregrine falcon that is banded with a research band or has a research marking attached to the bird shall not be taken from the wild and shall be immediately re-leased.

(3) A captured peregrine falcon that has a research transmitter attached to the bird may be kept by the fal-coner not more than 30 days if the federal bird-banding laboratory of the United States fish and wildlife service is immediately contacted after the capture. The disposition of the captured peregrine falcon shall be in accordance with the directions provided by the federal bird-banding laboratory or its designee.

(4) Any raptor, other than a peregrine falcon, that has a transmitter attached to it may be possessed by the fal-coner who captured the bird for not more than 30 days in order to contact the researcher, or the researcher’s des-ignee, to determine if the transmitter should be replaced.

(A) The temporary, 30-day possession of the bird shall not count against the falconer’s possession limit for fal-conry raptors.

(B) If the falconer who captured the raptor wishes to possess the bird for falconry purposes, the disposition of the bird shall be at the discretion of the researcher and the secretary if the species of the bird is allowable under the classification level of the falconer and the falconer’s possession of the captured bird does not exceed the es-tablished possession limit.

(t) Each raptor, including a peregrine falcon, that is captured and found with a seamless metal band, a trans-mitter, or any other item identifying it as a falconry bird attached to it shall be reported to the department within five days of capture.

(1) Each such falconry raptor shall be returned to the person who lost the raptor.

(2) If the person who lost the bird is prohibited from possessing the bird or does not wish to possess the bird, the falconer who captured the bird may keep the bird if the falconer holds the necessary qualifications for the species and does not exceed the falconer’s possession limit.

(3) If the falconer who captured the bird is prohibited from possessing the bird, the disposition of the bird shall be at the discretion of the secretary.

(4) The recaptured falconry bird shall not count against the possession limit or the calendar-year limit of wild birds that may be taken by the falconer during the time the recaptured bird is being held pending final disposi-tion.

(u) Each raptor that is injured during trapping activi-ties shall be handled in accordance with the provisions of this subsection. It shall be the falconer’s responsibility to address any injury occurring to a raptor during trapping activities in one of the following ways:

(1) The falconer may take the raptor into possession and apply it to the falconer’s possession limit if the raptor is of a species allowed to be possessed and the falconer’s possession limit is not exceeded.

(continued)



Regulations

(A) The take shall be reported in accordance with sub-section (k).

(B) The raptor shall be treated by a veterinarian or a permitted wildlife rehabilitator. The cost for the care and treatment of the raptor shall be the responsibility of the falconer.

(2) The raptor may be turned over directly to a veter-inarian, a permitted wildlife rehabilitator, or a depart-ment employee, and the raptor shall not be counted against the falconer’s allowable take or possession limit. The falconer shall be responsible for the costs relating to the care and rehabilitation of the bird.

(v)(1) The falconer shall report each raptor that dies or is acquired, transferred, rebanded, implanted with a microchip, lost to the wild and not recovered within 30 calendar days, or stolen by submitting the information to the electronic database of the United States fish and wildlife service.

(2) In addition to submitting the report required in paragraph (v)(1), the falconer shall file a report of the theft of a raptor with the department and the appropriate regional law enforcement office of the United States fish and wildlife service within 10 calendar days of the theft.

(3) The falconer shall keep copies of all electronic da-tabase submissions documenting the take, transfer, loss, theft, rebanding, or implanting of microchips of each fal-conry raptor for at least five years after the bird has been transferred, released to the wild, or lost, or has died.

(w) The intentional release to the wild of any falconry rap-tor shall be in accordance with the following requirements:

(1) A species of raptor that is not native to Kansas shall not be released to the wild. Any such bird may be trans-ferred to another falconer if the falconer receiving the bird is authorized to possess the age and species of rap-tor and the transfer does not exceed the possession limit of the falconer receiving the bird.

(2) Any species of raptor that is native to Kansas and is captive-bred may be released to the wild according to the following requirements:

(A) The falconer shall obtain the department’s permis-sion to release the bird to the wild before the actual re-lease. The time of year and the location where the release shall take place shall be specified by the department.

(i) The release of a raptor on department lands or wa-ters shall meet the requirements of K.A.R. 115-8-12.

(ii) The falconer shall acquire verbal permission from the landowner or person in control of the private land before the release of the raptor.

(B) The falconer shall remove any tag, transmitter, or nonreusable falconry band, if present, before release. All falconry identification bands, tags, or markers shall then be surrendered to the department within 10 calendar days of the release.

(C) The falconer shall report the release of the bird within 10 calendar days of the release by submitting the required information to the electronic database of the United States fish and wildlife service.

(3) Any species of raptor that is native to Kansas and was taken from the wild may be released to the wild ac-cording to the following requirements:

(A) The falconer may release the bird to the wild year-round.

(i) Each release of a raptor on department lands or wa-ters shall meet the requirements of K.A.R. 115-8-12.

(ii) The falconer shall acquire verbal permission from the landowner or person in control of the private land before the release of the raptor.

(B) The falconer shall remove any tag, transmitter, or nonreusable falconry band, if present, before the release. All falconry identification bands, tags, or markers shall then be surrendered to the department within 10 calen-dar days of the release.

(C) The falconer shall report the release of the bird within 10 calendar days of the release by submitting the required information to the electronic database of the United States fish and wildlife service.

(4) No hybrid raptor, as defined in K.A.R. 115-14-11, shall be intentionally released to the wild permanently.

(5) Hacking, which means temporarily releasing a fal-conry raptor to the wild for conditioning, shall be per-missible.

(x) In addition to any other requirements regarding the take of peregrine falcons, each falconer shall imme-diately notify the department when a peregrine falcon is taken, as specified on the take permit. If the quota for the take of peregrine falcons has been met and the take sea-son is closed, the falconer shall immediately release the peregrine falcon upon notification by the department.

This regulation shall be effective on and after Decem-ber 31, 2020. (Authorized by and implementing K.S.A. 2019 Supp. 32-807; effective Dec. 31, 2012; amended Feb. 8, 2013; amended Dec. 31, 2020.)

Brad LovelessSecretary

Doc. No. 048509

1279Kansas Register


Index to Regulations

INDEX TO ADMINISTRATIVE REGULATIONS

This index lists in numerical order the new, amended, and revoked ad-ministrative regulations and the vol-ume and page number of the Kansas Register issue in which more informa-tion can be found. Temporary regula-tions are designated with a (T) in the Action column. This cumulative index supplements the 2009 Volumes of the Kansas Administrative Regulations and the 2019 Supplement of the Kansas Ad-ministrative Regulations. Regulations can also be found at http://www.sos.ks.gov/pubs/pubs_kar.aspx.

AGENCY 4: DEPARTMENT OF AGRICULTURE

Reg. No. Action Register4-34-1 New V. 38, p. 574-34-2 New V. 38, p. 584-34-3 New V. 38, p. 584-34-4 New V. 38, p. 594-34-5 New V. 38, p. 594-34-6 New V. 38, p. 614-34-7 New V. 38, p. 624-34-8 New V. 38, p. 624-34-9 New V. 38, p. 634-34-10 New V. 38, p. 644-34-11 New V. 38, p. 644-34-12 New V. 38, p. 644-34-13 New V. 38, p. 654-34-14 New V. 38, p. 654-34-15 New V. 38, p. 664-34-16 New V. 38, p. 664-34-17 New V. 38, p. 674-34-18 New V. 38, p. 674-34-19 New V. 38, p. 684-34-20 New V. 38, p. 684-34-21 New V. 38, p. 70

AGENCY 5: DEPARTMENT OF AGRICULTURE—DIVISION OF

WATER RESOURCES

Reg. No. Action Register5-21-7 Revoked V. 38, p. 12965-25-2 Amended V. 38, p. 12965-25-4 Amended V. 38, p. 12965-25-22 New V. 38, p. 1297

AGENCY 7: SECRETARY OF STATE

Reg. No. Action Register7-47-1 New (T) V. 38, p. 8557-47-1 New V. 38, p. 1113

AGENCY 9: DEPARTMENT OF AGRICULTURE—DIVISION OF

ANIMAL HEALTH

Reg. No. Action Register9-18-6 Amended V. 38, p. 559-18-9 Amended V. 38, p. 569-18-23 New V. 38, p. 14079-18-28 Amended V. 38, p. 569-23-1 Revoked V. 38, p. 14089-23-2 Revoked V. 38, p. 14089-23-3 Revoked V. 38, p. 1408

AGENCY 10: KANSAS BUREAU OF INVESTIGATION

Reg. No. Action Register10-22-1 Amended V. 38, p. 108910-23-1 New V. 38, p. 773

10-23-2 New V. 38, p. 77310-23-3 New V. 38, p. 77310-23-4 New V. 38, p. 77310-23-5 New V. 38, p. 77310-23-6 New V. 38, p. 77310-24-1 New (T) V. 39, p. 73210-24-1 New V. 39, p. 107410-24-2 New (T) V. 39, p. 73210-24-2 New V.39, p. 107410-24-3 New (T) V. 39, p. 73210-24-3 New V. 39, p. 1075

AGENCY 14: DEPARTMENT OF REVENUE—DIVISION OF

ALCOHOLIC BEVERAGE CONTROL

Reg. No. Action Register14-6-4 Revoked (T) V. 38, p. 85614-6-4 Revoked V. 38, p. 1203

AGENCY 16: ATTORNEY GENERAL

Reg. No. Action Register16-14-1 Amended V. 39, p. 115516-14-10 Amended V. 39, p. 115516-14-11 Amended V. 39, p. 115516-18-1 New V. 38, p. 85616-18-2 New V. 38, p. 85616-18-3 New V. 38, p. 85716-19-1 New V. 39, p. 20816-19-2 New V. 39, p. 20816-19-3 New V. 39, p. 20816-20-1 New (T) V. 39, p. 46216-20-1 New V. 39, p. 1075

AGENCY 17: OFFICE OF THE STATE BANK COMMISSIONER

Reg. No. Action Register17-23-9 Revoked V. 39, p. 146

AGENCY 26: DEPARTMENT FOR AGING AND DISABILITY SERVICES

Reg. No. Action Register26-38-1 New V. 39, p. 115526-38-2 New V. 39, p. 115626-38-3 New V. 39, p. 115726-38-4 New V. 39, p. 115726-38-5 New V. 39, p. 115726-38-6 New V. 39, p. 115826-38-7 New V. 39, p. 115826-38-8 New V. 39, p. 115926-38-9 New V. 39, p. 116026-38-10 New V. 39, p. 116026-38-11 New V. 39, p. 1160

AGENCY 28: DEPARTMENT OF HEALTH AND ENVIRONMENT

Reg. No. Action Register28-1-20 Amended V. 38, p. 92428-1-40 New (T) V. 39, p. 101828-1-41 New (T) V. 39, p. 101828-1-42 New (T) V. 39, p. 101828-1-43 New (T) V. 39, p. 101828-1-44 New (T) V. 39, p. 101928-4-133 New V. 38, p. 143428-15-52 Amended V. 39, p. 17128-15-53 Amended V. 39, p. 17128-24-1 Amended V. 39, p. 33628-24-2 Amended V. 39, p. 33628-24-3 Amended V. 39, p. 33628-24-4 Amended V. 39, p. 33728-24-5 Amended V. 39, p. 33728-24-6 Amended V. 39, p. 33728-24-7 Amended V. 39, p. 33728-24-8 Amended V. 39, p. 33728-24-9 Amended V. 39, p. 33728-24-10 Amended V. 39, p. 33828-24-11 Amended V. 39, p. 338

28-24-12 Amended V. 39, p. 33828-24-13 Amended V. 39, p. 33928-24-14 Amended V. 39, p. 33928-35-146a Amended V. 38, p. 13028-35-147a Amended V. 38, p. 13028-38-18 Revoked V. 39, p. 116028-38-19 Revoked V. 39, p. 116028-38-20 Revoked V. 39, p. 116028-38-21 Revoked V. 39, p. 116028-38-22 Revoked V. 39, p. 116128-38-23 Revoked V. 39, p. 116128-38-26 Revoked V. 39, p. 116128-38-28 Revoked V. 39, p. 116128-38-29 Revoked V. 39, p. 116128-38-30 Revoked V. 39, p. 116128-44-12 Amended V. 39, p. 81928-44-13 Amended V. 39, p. 81928-44-14 Amended V. 39, p. 81928-44-15 Amended V. 39, p. 82028-44-16 Amended V. 39, p. 82028-44-17 Amended V. 39, p. 82028-44-18 Amended V. 39, p. 82128-44-19 Amended V. 39, p. 82128-44-20 Amended V. 39, p. 82128-44-21 Amended V. 39, p. 82128-44-22 Amended V. 39, p. 82228-44-23 Amended V. 39, p. 82228-44-24 Amended V. 39, p. 82228-44-25 Amended V. 39, p. 82228-44-26 Amended V. 39, p. 82328-44-27 Amended V. 39, p. 82328-44-28 Revoked V. 39, p. 82428-44-29 Amended V. 39, p. 82428-44-30 New V. 39, p. 82528-44-31 New V. 39, p. 82528-55-1 Revoked V. 38, p. 102428-55-2 Revoked V. 38, p. 102428-55-3 Revoked V. 38, p. 102528-55-4 Revoked V. 38, p. 102528-55-5 Revoked V. 38, p. 1025

AGENCY 30: KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES

Reg. No. Action Register30-4-34 Amended V. 38, p. 40330-4-35 Amended V. 38, p. 40330-4-36 Amended V. 38, p. 40330-4-40 Amended V. 38, p. 40330-4-41 Amended V. 38, p. 40430-4-50 Amended V. 38, p. 40430-4-51 Amended V. 38, p. 40530-4-54 Amended V. 38, p. 40530-4-64 Amended V. 38, p. 40630-4-90 Revoked V. 38, p. 40730-4-98 Amended V. 38, p. 40730-4-100 Amended V. 38, p. 40730-4-107 Amended V. 38, p. 40830-4-109 Amended V. 38, p. 40830-4-111 Amended V. 38, p. 40930-4-113 Amended V. 38, p. 40930-4-120 Revoked V. 38, p. 41030-4-130 Amended V. 38, p. 41030-4-140 Amended V. 38, p. 41230-46-10 Amended V. 38, p. 12830-46-13 Amended V. 38, p. 12830-46-15 Amended V. 38, p. 12930-46-17 Amended V. 38, p. 129

AGENCY 36: KANSAS DEPARTMENT OF TRANSPORTATION

Reg. No. Action Register36-45-1 New (T) V. 39, p. 110436-45-2 New (T) V. 39, p. 110536-45-3 New (T) V. 39, p. 110536-45-4 New (T) V. 39, p. 110636-45-5 New (T) V. 39, p. 1106

http://www.sos.ks.gov/pubs/pubs_kar.aspx

http://www.sos.ks.gov/pubs/pubs_kar.aspx




36-45-6 New (T) V. 39, p. 110636-45-7 New (T) V. 39, p. 110636-45-8 New (T) V. 39, p. 110736-45-10 New (T) V. 39, p. 1108

AGENCY 47: DEPARTMENT OF HEALTH AND ENVIRONMENT—

MINED-LAND CONSERVATION AND RECLAMATION

Reg. No. Action Register47-2-75 Amended V. 38, p. 8447-3-1 Amended V. 38, p. 8647-3-2 Amended V. 38, p. 8647-3-42 Amended V. 38, p. 8647-5-5a Amended V. 38, p. 9047-6-1 Amended V. 38, p. 9347-6-2 Amended V. 38, p. 9347-6-3 Amended V. 38, p. 9447-6-4 Amended V. 38, p. 9447-6-6 Amended V. 38, p. 9447-6-8 Amended V. 38, p. 9447-6-9 Amended V. 38, p. 9547-6-10 Amended V. 38, p. 9547-6-11 Amended V. 38, p. 9547-7-2 Amended V. 38, p. 9647-8-9 Amended V. 38, p. 9647-9-1 Amended V. 38, p. 9747-9-4 Amended V. 38, p. 10347-10-1 Amended V. 38, p. 10347-11-8 Amended V. 38, p. 10547-12-4 Amended V. 38, p. 10547-13-4 Amended V. 38, p. 10647-14-7 Amended V. 38, p. 10747-15-1a Amended V. 38, p. 10747-16-6 Amended V. 38, p. 10847-16-9 Amended V. 38, p. 10847-16-10 Amended V. 38, p. 10847-16-12 Amended V. 38, p. 10947-16-13 New V. 38, p. 109

AGENCY 51: DEPARTMENT OF LABOR—DIVISION OF WORKERS

COMPENSATION

Reg. No. Action Register51-9-7 Amended V. 38, p. 23151-9-17 Amended V. 38, p. 212

AGENCY 60: BOARD OF NURSING

Reg. No. Action Register60-4-101 Amended V. 38, p. 54560-11-116 Amended V. 39, p. 102160-11-119 Amended V. 39, p. 102260-13-110 Amended V. 39, p. 102260-16-101 Amended V. 39, p. 1260-16-103 Amended V. 39, p. 1260-16-104 Amended V. 39, p. 13

AGENCY 63: BOARD OF MORTUARY ARTS

Reg. No. Action Register63-5-3 New V. 38, p. 183

AGENCY 66: BOARD OF TECHNICAL PROFESSIONS

Reg. No. Action Register66-7-4 New V. 38, p. 98966-9-7 Amended V. 38, p. 62266-10-1 Amended V. 38, p. 62266-10-3 Amended V. 38, p. 62266-15-1 New V. 39, p. 14

AGENCY 67: BOARD OF EXAMINERS IN FITTING

AND DISPENSING OF HEARING INSTRUMENTS

Reg. No. Action Register67-1-8 New V. 38, p. 148967-2-4 Amended V. 38, p. 148967-5-5 Amended V. 38, p. 1490

AGENCY 68: BOARD OF PHARMACY

Reg. No. Action Register68-2-5 Amended V. 39, p. 10568-2-10 Amended V. 38, p. 146368-5-16 Amended V. 39, p. 10668-7-15 Amended V. 38, p. 133768-11-1 Amended V. 38, p. 54168-11-2 Amended V. 38, p. 54168-14-1 Revoked V. 38, p. 146368-14-2 Amended V. 38, p. 146368-14-3 Revoked V. 38, p. 146468-14-4 Amended V. 38, p. 146468-14-5 Amended V. 38, p. 146468-14-7 Amended V. 38, p. 146468-14-7a New V. 38, p. 146668-14-7b New V. 38, p. 146868-19-1 Amended V. 38, p. 133768-21-6 Amended V. 38, p. 1338

AGENCY 69: BOARD OF COSMETOLOGY

Reg. No. Action Register69-1-10 New V. 38, p. 8469-3-8 Amended (T) V. 39, p. 1186

AGENCY 71: BOARD OF REGENTS

Reg. No. Action Register71-2-2 Amended V. 38, p. 140571-2-3 Revoked V. 38, p. 140671-5-11 Amended V. 38, p. 140671-8-8 Amended V. 38, p. 1407

AGENCY 74: BOARD OF ACCOUNTANCY

Reg. No. Action Register74-1-3 Amended V. 38, p. 1337

AGENCY 82: STATE CORPORATION COMMISSION

Reg. No. Action Register82-4-1 Amended V. 38, p. 87582-4-2a Amended V. 38, p. 87682-4-3a Amended (T) V. 39, p. 118882-4-3b Amended V. 38, p. 87682-4-3c Amended V. 38, p. 87782-4-3d Amended V. 38, p. 87882-4-3f Amended V. 38, p. 87982-4-3g Amended V. 38, p. 88282-4-3h Amended V. 38, p. 88582-4-3i Amended V. 38, p. 88682-4-3j Amended V. 38, p. 88882-4-3k Amended V. 38, p. 88882-4-3l Amended V. 38, p. 88982-4-3m Amended V. 38, p. 89182-4-3n Amended V. 38, p. 89182-4-3o Amended V. 38, p. 89282-4-20 Amended V. 38, p. 89282-4-21 Amended V. 38, p. 89382-4-22 Amended V. 38, p. 89382-4-24a Amended V. 38, p. 89382-4-27 Amended V. 38, p. 89382-4-30a Amended V. 38, p. 89482-4-40 Revoked V. 38, p. 89482-4-42 Amended V. 38, p. 89482-4-44 Revoked V. 38, p. 89482-4-46 Revoked V. 38, p. 89482-4-48 Amended V. 38, p. 89482-4-48a Revoked V. 38, p. 89582-4-50 Amended V. 38, p. 89582-4-51 Amended V. 38, p. 89582-4-53 Amended V. 38, p. 895

82-4-56a Amended V. 38, p. 89582-4-57 Amended V. 38, p. 89682-4-58d Amended V. 38, p. 89682-4-63 Amended V. 38, p. 89682-4-65 Amended V. 38, p. 89682-4-66 Revoked V. 38, p. 89782-4-68 Amended V. 38, p. 89782-4-85 Amended V. 38, p. 89782-4-86 Revoked V. 38, p. 898

AGENCY 86: REAL ESTATE COMMISSION

Reg. No. Action Register86-1-10 Amended V. 39, p. 5486-1-11 Amended (T) V. 38, p. 85586-1-11 Amended V. 39, p. 5586-1-12 Amended V. 39, p. 5686-1-13 Revoked V. 39, p. 5686-1-16 Revoked V. 39, p. 5686-1-17 Amended V. 39, p. 5686-1-18 Revoked V. 39, p. 5686-3-6a Revoked V. 39, p. 5686-3-7 Amended V. 39, p. 5686-3-20 Revoked V. 39, p. 57

AGENCY 88: BOARD OF REGENTS

Reg. No. Action Register88-25-1 New V. 39, p. 74888-25-2 New V. 39, p. 74888-25-3 New V. 39, p. 74888-25-4 New V. 39, p. 74888-25-5 New V. 39, p. 74888-28-6 Amended V. 38, p. 143588-29-1 Revoked V. 39, p. 121588-29-3 Amended V. 39, p. 121588-29-12 Amended V. 39, p. 121688-29-13 Amended V. 39, p. 121688-29-14 Amended V. 39, p. 121888-29-15 Amended V. 39, p. 121888-29-16 Amended V. 39, p. 121988-29-17 Amended V. 39, p. 122088-29-18 Revoked V. 39, p. 122188-29-19 Revoked V. 39, p. 122188-29a-1 Amended V. 39, p. 122188-29a-5 Amended V. 39, p. 122388-29a-6 Amended V. 39, p. 122388-29a-7 Amended V. 39, p. 122388-29a-7a Amended V. 39, p. 122488-29a-9 Amended V. 39, p. 122488-29a-10 Amended V. 39, p. 122588-29a-11 Amended V. 39, p. 122788-29a-18 Amended V. 39, p. 122888-29a-19 Amended V. 39, p. 122988-29b-1 Amended V. 39, p. 122988-29b-3 Amended V. 39, p. 123188-29b-5 Amended V. 39, p. 123188-29b-6 Amended V. 39, p. 123288-29b-7 Amended V. 39, p. 123388-29b-7a Amended V. 39, p. 123488-29b-9 Amended V. 39, p. 123488-29b-10 Amended V. 39, p. 123588-29c-1 Amended V. 39, p. 123688-29c-5 Amended V. 39, p. 123888-29c-7 Amended V. 39, p. 123888-29c-9 Amended V. 39, p. 123888-29c-10 Amended V. 39, p. 123988-29d-1 Amended V. 39, p. 124088-29d-5 Amended V. 39, p. 124188-29d-7 Amended V. 39, p. 124288-29d-9 Amended V. 39, p. 124288-29d-10 Amended V. 39, p. 124388-30-1 Amended (T) V. 39, p. 890

AGENCY 92: DEPARTMENT OF REVENUE

Reg. No. Action Register

1281Kansas Register



92-19-56 Revoked V. 38, p. 147092-56-2 Amended V. 38, p. 1196

AGENCY 100: BOARD OF HEALING ARTS

Reg. No. Action Register100-11-1 Amended V. 38, p. 344100-28a-14 Amended V. 38, p. 184100-28b-1 New V. 38, p. 1490100-28b-5 New V. 38, p. 1491100-28b-15 New V. 38, p. 1491100-28b-16 New V. 38, p. 1491100-28b-17 New V. 38, p. 1491100-28b-18 New V. 38, p. 1491100-29-4 Amended V. 38, p. 1492100-29-9 Amended V. 38, p. 1492100-69-7 Amended V. 38, p. 1493100-69-10 Amended V. 38, p. 1494100-76-2 Amended V. 38, p. 184100-77-1 New (T) V. 38, p. 8100-77-1 New V. 38, p. 447100-77-2 New (T) V. 38, p. 8100-77-2 New V. 38, p. 448100-77-3 New (T) V. 38, p. 8100-77-3 New V. 38, p. 448100-78-1 New (T) V. 39, p. 250100-78-1 New V. 39, p. 570100-78-2 New (T) V. 39, p. 250100-78-2 New V. 39, p. 570

AGENCY 102: BEHAVIORAL SCIENCES REGULATORY BOARD

Reg. No. Action Register102-1-13 Amended V. 38, p. 185102-1-18 Amended V. 38, p. 212102-2-3 Amended V. 38, p. 185102-2-14 Amended V. 38, p. 212102-3-2 Amended V. 38, p. 185102-3-15 Amended V. 38, p. 212102-4-2 Amended V. 38, p. 186102-4-15 Amended V. 38, p. 212102-5-2 Amended V. 38, p. 186102-5-14 Amended V. 38, p. 212102-7-2 Amended V. 38, p. 186102-7-12 Amended V. 38, p. 212

AGENCY 105: BOARD OF INDIGENTS’ DEFENSE SERVICES

Reg. No. Action Register105-5-2 Amended V. 39, p. 252105-5-3 Amended V. 39, p. 252105-5-6 Amended V. 39, p. 252105-5-7 Amended V. 39, p. 252105-5-8 Amended V. 39, p. 252105-5-11 Revoked V. 38, p. 368

AGENCY 109: BOARD OF EMERGENCY MEDICAL SERVICES

Reg. No. Action Register109-3-3 Amended V. 39, p. 30 109-3-4 Amended V. 39, p. 31 109-5-1 Amended V. 38, p. 153109-5-1a Amended V. 39, p.32109-8-1 Amended V. 38, p. 153109-8-2 Amended V. 38, p. 154109-11-1a Amended V. 39, p.32109-11-6a Amended V. 38, p. 154

AGENCY 111: KANSAS LOTTERY

A complete index listing all regula-tions filed by the Kansas Lottery from 1988 through 2000 can be found in the Vol. 19, No. 52, December 28, 2000 Kansas Register. A list of regulations filed from 2001 through 2003 can be found in the Vol. 22, No. 52, December 25, 2003 Kansas Register. A list of regulations

filed from 2004 through 2005 can be found in the Vol. 24, No. 52, December 29, 2005 Kansas Register. A list of regulations filed from 2006 through 2007 can be found in the Vol. 26, No. 52, December 27, 2007 Kansas Register. A list of regulations filed from 2008 through No-vember 2009 can be found in the Vol. 28, No. 53, December 31, 2009 Kansas Register. A list of regulations filed from December 1, 2009, through December 21, 2011, can be found in the Vol. 30, No. 52, December 29, 2011 Kan-sas Register. A list of regulations filed from December 22, 2011, through November 6, 2013, can be found in the Vol. 32, No. 52, December 26, 2013 Kansas Register. A list of regulations filed from November 7, 2013, through December 31, 2015, can be found in the Vol. 34, No. 53, December 31, 2015 Kansas Register. A list of regulations filed from 2016 through 2017, can be found in the Vol. 36, No. 52, December 28, 2017 Kansas Register. A list of regulations filed from 2018 through 2019, can be found in the Vol. 38, No. 52, De-cember 26, 2019 Kansas Register.

Reg. No. Action Register111-4-3595 New V. 39, p. 57111-4-3596 New V. 39, p. 58111-4-3597 New V. 39, p. 59111-4-3598 New V. 39, p. 60111-4-3599 New V. 39, p. 61 111-4-3600 New V. 39, p. 63111-4-3601 New V. 39, p. 532111-4-3602 New V. 39, p. 533111-4-3603 New V. 39, p. 570111-4-3604 New V. 39, p. 572111-4-3605 New V. 39, p. 573111-4-3606 New V. 39, p. 574111-4-3607 New V. 39, p. 576111-4-3608 New V. 39, p. 621111-4-3609 New V. 39, p. 623111-4-3610 New V. 39, p. 624111-4-3611 New V. 39, p. 854111-4-3612 New V. 39, p. 855111-4-3613 New V. 39, p. 856111-4-3614 New V. 39, p. 858111-4-3615 New V. 39, p. 859111-4-3616 New V. 39, p. 860111-4-3617 New V. 39, p. 861111-4-3618 New V. 39, p. 862111-4-3619 New V. 39, p. 862111-4-3620 New V. 39, p. 864111-4-3621 New V. 39, p. 865111-4-3623 New V. 39, p. 866111-4-3624 New V. 39, p. 891111-4-3625 New V. 39, p. 892111-4-3626 New V. 39, p. 893111-4-3627 New V. 39, p. 894111-4-3628 New V. 39, p. 896111-4-3629 New V. 39, p. 897111-4-3630 New V. 39, p. 900111-4-3631 New V. 39, p. 1076111-4-3632 New V. 39, p. 1077111-4-3633 New V. 39, p. 1109111-4-3634 New V. 39, p. 1109111-4-3635 New V. 39, p. 1110111-4-3636 New V. 39, p. 1111111-4-3637 New V. 39, p. 1113111-4-3638 New V. 39, p. 1114111-5-245 New V. 39, p. 577111-9-223 New V. 39, p. 625111-9-224 New V. 39, p. 867111-15-1 Amended V. 39, p. 1080111-15-3 Amended V. 39, p. 1080111-15-4 Amended V. 39, p. 1081111-15-5 Amended V. 39, p. 1081

111-15-6 Amended V. 39, p. 1081111-15-10 Amended V. 39, p. 1082111-19-72 Amended V. 39, p. 64111-19-73 New V. 39, p. 64111-19-74 New V. 39, p. 65111-19-75 New V. 39, p. 65111-19-76 New V. 39, p. 74111-19-77 New V. 39, p. 578111-19-78 New V. 39, p. 579111-19-79 New V. 39, p. 580111-19-80 New V. 39, p. 626111-19-81 New V. 39, p. 626111-19-82 New V. 39, p. 868111-19-83 New V. 39, p. 868111-19-84 New V. 39, p. 868111-19-85 New V. 39, p. 869111-19-86 New V. 39, p. 870111-19-87 New V. 39, p. 901111-19-88 New V. 39, p. 901111-19-89 New V. 39, p. 1082111-19-90 New V. 39, p. 1115111-19-91 New V. 39, p. 1116111-19-92 New V. 39, p. 1116111-301-4 Amended V. 39, p. 534111-301-5 Amended V. 39, p. 534111-301-6 Amended V. 39, p. 535111-301-43 Amended V. 39, p. 537111-301-60 Amended V. 39, p. 66111-301-62 Amended V. 39, p. 67111-301-64 Amended V. 39, p. 538111-301-66 Amended V. 39, p. 538111-302-4 Amended V. 39, p. 68111-302-5 Amended V. 39, p. 1082111-305-5 Amended V. 39, p. 539111-305-6 Amended V. 39, p. 539111-401-253 New V. 39, p. 69111-401-254 New V. 39, p. 69111-401-255 New V. 39, p. 71111-501-71 Amended V. 39, p. 71111-501-81 Amended V. 39, p. 71111-501-149 New V. 39, p. 72111-501-150 New V. 39, p. 72111-501-151 New V. 39, p. 73111-501-152 New V. 39, p. 73111-501-153 New V. 39, p. 74111-601-4 Amended V. 39, p. 1117111-601-6 Amended V. 39, p. 1117

AGENCY 112: KANSAS RACING AND GAMING COMMISSION

Reg. No. Action Register112-105-1 Amended V. 39, p. 251

AGENCY 115: DEPARTMENT OF WILDLIFE, PARKS AND TOURISM

Reg. No. Action Register115-2-1 Amended V. 38, p. 1089115-2-3 Amended V. 38, p. 370115-2-4 Amended V. 38, p. 371115-2-7 Revoked V. 38, p. 1091115-3-2 Amended V. 38, p. 371115-4-2 Amended V. 39, p. 617115-4-4 Amended V. 39, p. 618115-4-6 Amended V. 39, p. 619115-4-11 Amended V. 38, p. 372115-5-1 Amended V. 39, p. 1103115-5-2 Amended V. 38, p. 542115-5-3 Amended V. 38, p. 1091115-5-3a New V. 38, p. 1091115-5-4 Amended V. 38, p. 542115-6-1 Amended V. 39, p. 1103115-7-1 Amended V. 38, p. 1409115-7-3 Amended V. 38, p. 1410115-7-4 Amended V. 38, p. 1410115-7-10 Amended V. 38, p. 1411115-8-1 Amended V. 38, p. 543




115-8-13a New V. 38, p. 1169115-9-5 Amended V. 38, p. 375115-9-9 Amended V. 38, p. 1411115-11-2 Amended V. 38, p. 127115-13-4 Amended V. 38, p. 544115-15-1 Amended V. 38, p. 1412115-15-2 Amended V. 38, p. 1413115-18-6a Amended V. 38, p. 1414

115-20-7 Amended V. 38, p. 545

AGENCY 128: DEPARTMENT OF COMMERCE—KANSAS ATHLETIC

COMMISSION

Reg. No. Action Register128-5-1 Amended V. 38, p. 1197128-6-8 New V. 38, p. 1198

AGENCY 129: DEPARTMENT OF HEALTH AND ENVIRONMENT—

DIVISION OF HEALTH CARE FINANCE

Reg. No. Action Register129-9-9 New (T) V. 39, p. 647129-9-9 New V. 39, p. 1019129-10-31 Amended V. 39, p. 800

Kansas RegisterSecretary of State1st Floor, Memorial Hall120 SW 10th Ave.Topeka, KS 66612-1594