Article 47.--HELP AMERICA VOTE ACT OF 2002 ADMINISTRATIVE COMPLAINT ACT
25-4713.Determination.(a) If there has been no hearing, the secretary of stateshallreview the record anddetermine whether a violation of title III has been established by apreponderance of evidence.Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, the determinationof the secretaryof state shall be final and shall not be subject to appeal pursuant to theKansas act for judicialreview and civil enforcement of agency actions.
(b) At the conclusion of any hearing, the secretary of state shall determinewhether aviolation of title III has been established by a preponderance of evidence.The determination ofthe secretary of state shall be final and shall not be subject to the Kansasact for judicial reviewand civil enforcement of agency actions.
(c) If the complaint is not timely filed or if the secretary of statedetermines that aviolation has not occurred or that there is insufficient evidence to establisha violation, thesecretary of state shall dismiss the complaint.
(d) The secretary of state shall explain in a written decision the reasonsfor thedetermination and for any remedy selected.
(e) Except as specified inK.S.A. 2009 Supp.25-4715, and amendments thereto,unless thecomplainant consents inwriting to anextension of time, the final determination of the secretary of state shall beissued within 90 daysafter the complaint is filed. The final determination shall be mailed to thecomplainant and eachrespondent and published on the secretary of state website.
(f) If the secretary of state cannot make a final determination within 90days after thecomplaint was filed, or within any extension to which the complainant consents,the complaintshall be referred for final resolution underK.S.A. 2009 Supp.25-4715, andamendmentsthereto. The record compiledpursuant toK.S.A. 2009 Supp.25-4708, and amendments thereto, shall be madeavailable for useunderK.S.A. 2009 Supp.25-4715, and amendments thereto.
Article 47.--HELP AMERICA VOTE ACT OF 2002 ADMINISTRATIVE COMPLAINT ACT
25-4713.Determination.(a) If there has been no hearing, the secretary of stateshallreview the record anddetermine whether a violation of title III has been established by apreponderance of evidence.Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, the determinationof the secretaryof state shall be final and shall not be subject to appeal pursuant to theKansas act for judicialreview and civil enforcement of agency actions.
(b) At the conclusion of any hearing, the secretary of state shall determinewhether aviolation of title III has been established by a preponderance of evidence.The determination ofthe secretary of state shall be final and shall not be subject to the Kansasact for judicial reviewand civil enforcement of agency actions.
(c) If the complaint is not timely filed or if the secretary of statedetermines that aviolation has not occurred or that there is insufficient evidence to establisha violation, thesecretary of state shall dismiss the complaint.
(d) The secretary of state shall explain in a written decision the reasonsfor thedetermination and for any remedy selected.
(e) Except as specified inK.S.A. 2009 Supp.25-4715, and amendments thereto,unless thecomplainant consents inwriting to anextension of time, the final determination of the secretary of state shall beissued within 90 daysafter the complaint is filed. The final determination shall be mailed to thecomplainant and eachrespondent and published on the secretary of state website.
(f) If the secretary of state cannot make a final determination within 90days after thecomplaint was filed, or within any extension to which the complainant consents,the complaintshall be referred for final resolution underK.S.A. 2009 Supp.25-4715, andamendmentsthereto. The record compiledpursuant toK.S.A. 2009 Supp.25-4708, and amendments thereto, shall be madeavailable for useunderK.S.A. 2009 Supp.25-4715, and amendments thereto.
Article 47.--HELP AMERICA VOTE ACT OF 2002 ADMINISTRATIVE COMPLAINT ACT
25-4713.Determination.(a) If there has been no hearing, the secretary of stateshallreview the record anddetermine whether a violation of title III has been established by apreponderance of evidence.Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, the determinationof the secretaryof state shall be final and shall not be subject to appeal pursuant to theKansas act for judicialreview and civil enforcement of agency actions.
(b) At the conclusion of any hearing, the secretary of state shall determinewhether aviolation of title III has been established by a preponderance of evidence.The determination ofthe secretary of state shall be final and shall not be subject to the Kansasact for judicial reviewand civil enforcement of agency actions.
(c) If the complaint is not timely filed or if the secretary of statedetermines that aviolation has not occurred or that there is insufficient evidence to establisha violation, thesecretary of state shall dismiss the complaint.
(d) The secretary of state shall explain in a written decision the reasonsfor thedetermination and for any remedy selected.
(e) Except as specified inK.S.A. 2009 Supp.25-4715, and amendments thereto,unless thecomplainant consents inwriting to anextension of time, the final determination of the secretary of state shall beissued within 90 daysafter the complaint is filed. The final determination shall be mailed to thecomplainant and eachrespondent and published on the secretary of state website.
(f) If the secretary of state cannot make a final determination within 90days after thecomplaint was filed, or within any extension to which the complainant consents,the complaintshall be referred for final resolution underK.S.A. 2009 Supp.25-4715, andamendmentsthereto. The record compiledpursuant toK.S.A. 2009 Supp.25-4708, and amendments thereto, shall be madeavailable for useunderK.S.A. 2009 Supp.25-4715, and amendments thereto.
