1-206.Same; allocation of costs.
(a) When the board issues an
order that is adverse to a firm, an applicant,
a certificate or permit holder or a person practicing pursuant to K.S.A. 1-322,
and amendments thereto, reasonable costs incurred by the board in conducting
any proceeding under the Kansas administrative procedure act may be assessed
against the parties to the proceeding in such proportion as the board may
determine upon consideration of all relevant circumstances including the nature
of the proceeding and the level of participation by the parties. Such order
shall include findings and conclusions in support of the assessment of
costs. If the board is the unsuccessful party, the board shall absorb the
board's costs.
(b) For the purposes of this section, board costs incurred shall mean the
presiding officer fees and expenses, attorneys fees, costs of making any
transcripts, statutory witness fees and mileage, and any fees and expenses of
persons identified in subsection (b) of K.S.A. 2009 Supp. 1-205, and amendments
thereto.
Board costs incurred shall not include presiding officer fees, attorney fees
and expenses or costs of making transcripts unless the board has designated or
retained the services of independent contractors to perform such functions.
(c) This section shall be part of and supplemental to article 2 of chapter 1
of the Kansas Statutes Annotated, and amendments thereto.
1-206.Same; allocation of costs.
(a) When the board issues an
order that is adverse to a firm, an applicant,
a certificate or permit holder or a person practicing pursuant to K.S.A. 1-322,
and amendments thereto, reasonable costs incurred by the board in conducting
any proceeding under the Kansas administrative procedure act may be assessed
against the parties to the proceeding in such proportion as the board may
determine upon consideration of all relevant circumstances including the nature
of the proceeding and the level of participation by the parties. Such order
shall include findings and conclusions in support of the assessment of
costs. If the board is the unsuccessful party, the board shall absorb the
board's costs.
(b) For the purposes of this section, board costs incurred shall mean the
presiding officer fees and expenses, attorneys fees, costs of making any
transcripts, statutory witness fees and mileage, and any fees and expenses of
persons identified in subsection (b) of K.S.A. 2009 Supp. 1-205, and amendments
thereto.
Board costs incurred shall not include presiding officer fees, attorney fees
and expenses or costs of making transcripts unless the board has designated or
retained the services of independent contractors to perform such functions.
(c) This section shall be part of and supplemental to article 2 of chapter 1
of the Kansas Statutes Annotated, and amendments thereto.
1-206.Same; allocation of costs.
(a) When the board issues an
order that is adverse to a firm, an applicant,
a certificate or permit holder or a person practicing pursuant to K.S.A. 1-322,
and amendments thereto, reasonable costs incurred by the board in conducting
any proceeding under the Kansas administrative procedure act may be assessed
against the parties to the proceeding in such proportion as the board may
determine upon consideration of all relevant circumstances including the nature
of the proceeding and the level of participation by the parties. Such order
shall include findings and conclusions in support of the assessment of
costs. If the board is the unsuccessful party, the board shall absorb the
board's costs.
(b) For the purposes of this section, board costs incurred shall mean the
presiding officer fees and expenses, attorneys fees, costs of making any
transcripts, statutory witness fees and mileage, and any fees and expenses of
persons identified in subsection (b) of K.S.A. 2009 Supp. 1-205, and amendments
thereto.
Board costs incurred shall not include presiding officer fees, attorney fees
and expenses or costs of making transcripts unless the board has designated or
retained the services of independent contractors to perform such functions.
(c) This section shall be part of and supplemental to article 2 of chapter 1
of the Kansas Statutes Annotated, and amendments thereto.