1-205.   Powers of the board; investigation ofcomplaints; subpoenas; witness fees and mileage; district courtjurisdiction.(a) Upon receipt of a complaint or information suggestingviolations of the accountancy statutes or the rules and regulations of theboard of accountancy, the board may conduct investigations to determine whetherthere is probable cause to institute proceedings under K.S.A. 1-311, 1-312,1-316 and 1-322, and amendments thereto. An investigation shall not be aprerequisite to such proceedings in the event that a determination of probablecause can be made without an investigation.

      (b)   The board may designate one or more board members to serve asinvestigating officers. The investigating officer or officers may employ,appoint, designate or utilize any other person of appropriate competence toassist with the investigation. Such person, if required, may later providetestimony in the event of a hearing.

      (c)   Upon completion of an investigation, the investigating officer orofficers shall determine whether probable cause exists based upon the documentsgathered, discussions with the person or firm under investigation and reportssubmitted by any other person assisting with the investigation.

      (d)   If the investigating officer or officers find no probable cause, thecomplaint, if any, testimony and any documents gathered during theinvestigation including any information regarding the pendency of aninvestigation shall be confidential and shall not be disclosed to any person,without the consent of the person or firm under investigation, except to lawenforcement and state or federal agencies.

      (e)   Upon a finding of probable cause, the matter may be referred forprosecution or disciplinary action to the office of attorney general or to anattorney retained by the board.

      (f)   No person who provides services to the board in conjunction with anyinvestigation authorized in subsection (a) shall be liable in a civil actionfor damages or other relief arising from any testimony, recommendation oropinion provided by such person acting in good faith and without malice.

      (g)   In all investigative and disciplinary matters pending before the board,the board shall have the power to issue subpoenas and compel the attendance ofwitnesses and the production of all necessary papers, books and records,documentary evidence and materials. Any person failing or refusing to appear ortestify regarding any matter about which such person may be lawfullyquestioned or to produce any papers, books, records, documentary evidence ormaterials in the matter to be heard, after having been required by order of theboard or by a subpoena of the board to do so, upon application to any districtjudge of the state of Kansas, may be ordered to comply with such subpoena. Uponfailure to comply with the order of the district judge, the court may compelobedience by bringing an indirect contempt action pursuant to K.S.A. 20-1204a,and amendments thereto. A subpoena may be served upon any person named therein,anywhere within the state of Kansas with the same fees and mileage being paidas for any officer authorized to serve subpoenas in civil actions in the samemanner as is prescribed by the code of civil procedure for subpoenas issued outof the district courts of this state.

      (h)   Within five days after service of asubpoena on any person requiring the production of any evidence in the person'spossession or under the person's control, such person may petition the board torevoke, limit or modify the subpoena. The board shall revoke, limit or modifysuch subpoena if in its opinion: The evidence required does not relate topractices which may be grounds for disciplinary action; the subpoena is notrelevant to the charge which is the subject matter of the proceeding orinvestigation; or the subpoena does not describe with sufficient particularitythe physical evidence which is required to be produced. The district court,upon application by the board or by the person subpoenaed pursuant tosubsection (g), shall have jurisdiction to issue an order revoking, limiting ormodifying the subpoena if in the court's opinion: The evidence demanded doesnot relate to practices which may be grounds for disciplinary action; thesubpoena is not relevant to the charge which is the subject matter of thehearing or investigation; or the subpoena does not describe with sufficientparticularity the evidence which is required to be produced.

      (i)   This section shall be part of and supplemental to article 2 of chapter1 of the Kansas Statutes Annotated, and amendments thereto.

      History:   L. 2009, ch. 38, § 1; Apr. 2.