19-431.   Same; suspension or termination of officer;hearing;determination and order by director of property valuation or state court of taxappeals; removal of officer and filling of vacancy.(a) Whenever it shall be made to appear to the board of county commissionersof any county or the district board of an appraisal district by evidencesatisfactory to such board that the appraiser of such county or districthas failed or neglected to properly perform the duties of office, byreasons of incompetency or for any other cause, the board shall enter uponits journal an order suspending or terminating the county or districtappraiser from office. Such order shall state the reasons for suchsuspension or termination, and upon the service of any such order upon theappraiser suspended or terminated such appraiser shall at once be divestedof all power as county or district appraiser and shall immediately deliverto the person appointed to discharge the duties of the office of suchappraiser, allbooks, records and papers pertaining to the office. The board of countycommissioners or district board shall appoint a temporary appraiser todischarge the duties of the office until the suspension is removed or thevacancy filled, and the person so appointed shall take the oath of officerequired by law and thereupon such person shall be invested with all of thepowers and duties of the office.

      Within 15 days after service of an order of suspension ortermination, the appraiser may request a hearing on the order before thedirector of property valuation. Upon receipt of a timely request, thedirector of property valuation shall conduct a hearing in accordance withthe provisions of the Kansas administrative procedure act. If the appraiseris a county appraiser, the hearing shall be held at the county seat ofsuch county or if such appraiser is a district appraiser at the county seatof the county within the district having the greater population. At thehearing the director of property valuation shall make inquiry as to allfacts connected with such suspension or termination, and if after suchinquiry is made the director of property valuation shall determine that theappraiser suspended should be removed permanently and such appraiser'soffice declared vacated or should be terminated, then the director ofproperty valuation shall render an order removing such appraiser. A copy ofsuch order, duly certified and under the seal of the director of propertyvaluation, shall be sent to the board of county commissioners or districtboard employing such appraiser who shall cause the same to be recorded infull upon the journal of the board. Immediately upon the service of suchorder by the director of property valuation such office of appraiser shallbe vacant, and the board of county commissioners or district board shallappoint an eligible Kansas appraiser as appraiser tofill such vacancy, whoshall qualify as provided by law in such cases. Should the personappointed be other than the person appointed to discharge the duties of theoffice temporarily, the person discharging the duties of the officetemporarily shall immediately transfer to the person appointed to fill thevacancy all the books, records and files of the office.

      (b)   Whenever the director of property valuation shall on such director'sown motion conclude, after inquiry, that the appraiser of any county ordistrict has failed or neglected to discharge such appraiser's duties asrequired by law and that the interest of the public service will bepromoted by the removal of such appraiser, the director of propertyvaluation shall enter upon the record of proceeding in such director'soffice an order suspending or terminating such appraiser from office. Suchorder shall state the reason for such suspension or termination and fromand after the date of service of such order upon such appraiser and theboard of county commissioners or district board employing such appraiser,the person suspended or terminated shall be divested of all power asappraiser and shall immediately deliver to the person appointed todischarge the duties of the office of such appraiser, allbooks, records and papers pertaining to the office. Upon receipt of anorder by the director of property valuation suspending or terminating theappraiser of the county or district, the board of county commissioners ordistrict board shall appoint a temporary appraiser to discharge the dutiesof the office until the suspension is removed or the vacancy filled, andthe person appointed shall take the oath of office required by law andthereupon such person shall be invested with all of the powers and dutiesof the office.

      Within 15 days after service of an order of suspension or termination by thedirector of property valuation under this subsection, the appraiser may requesta hearing on the order before the state court of taxappeals. Upon receipt of a timely request, the state courtof tax appeals shall conduct a hearing in accordance with the provisions of theKansas administrative procedure act. If the appraiser is a county appraiser,the hearing shall be held at the county seat of such county or if suchappraiser is a district appraiser such hearing shall be held at the county seatof the county within such district having the greatest population. At thehearing, the state court of tax appeals shall make inquiryas to all facts connected with such suspension or termination, and if aftersuch inquiry is made the state court of tax appealsdetermines that the appraiser suspended should be removed permanently and suchappraiser's office declared vacated or should be terminated, then thestate court of tax appeals shall render an order removingsuch appraiser. A copy of such order, duly certified by the secretary underthe seal of the court, shall be sent to the board of countycommissioners or district board, who shall cause the same to be recorded infull upon the journal of the board. Immediately upon the service of such orderby the state court of tax appeals such office of countyappraiser shall be vacant, andthe board of county commissioners or district board shall appoint an eligibleKansas appraiser as appraiser to fill suchvacancy, who shall qualify as provided by law in such cases. Should theperson appointed beother than the person appointed to discharge the duties of the officetemporarily, the person discharging the duties of the office temporarilyshall immediately transfer to the person appointed to fill the vacancy allthe books, records and files of the office.

      History:   L. 1974, ch. 112, § 2; L. 1988, ch. 356, § 65;L. 1990, ch. 90, § 2;L. 2008, ch. 109, § 40; July 1.