State Codes and Statutes

Statutes > Kansas > Chapter25 > Article47 > Statutes_14151

25-4715

Chapter 25.--ELECTIONS
Article 47.--HELP AMERICA VOTE ACT OF 2002 ADMINISTRATIVE COMPLAINT ACT

      25-4715.   Appointment of arbitrator; when.(a) If the secretary of state does not render a finaldetermination within 90daysafter the complaint is filed, or within any extension to which the complainantconsents, thecomplaint shall be resolved under this section.

      (b)   Within five days after a final determination was due, the secretary ofstate shalldesignate the name of an arbitrator to resolve the complaint. Thedesignation shall be in writingand provided to both the complainant and respondent.

      (c)   The arbitrator may review the record compiled in connection with thecomplaint,including the tape recording or any transcript of a hearing and any briefs ormemoranda, butshall not receive additional testimony or evidence.

      (d)   The arbitrator shall issue a written resolution within 10 days after thesecretary ofstate's determination was due. The final resolution of the arbitrator shall bemailed to thesecretary of state, the complainant, and each respondent, and published on thesecretary of statewebsite. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, andamendments thereto,the determination of the arbitrator under this section shall be final and shallnot be subject toreview under the Kansas act for judicial review and civil enforcement of agencyactions.

      History:   L. 2004, ch. 25, § 31; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter25 > Article47 > Statutes_14151

25-4715

Chapter 25.--ELECTIONS
Article 47.--HELP AMERICA VOTE ACT OF 2002 ADMINISTRATIVE COMPLAINT ACT

      25-4715.   Appointment of arbitrator; when.(a) If the secretary of state does not render a finaldetermination within 90daysafter the complaint is filed, or within any extension to which the complainantconsents, thecomplaint shall be resolved under this section.

      (b)   Within five days after a final determination was due, the secretary ofstate shalldesignate the name of an arbitrator to resolve the complaint. Thedesignation shall be in writingand provided to both the complainant and respondent.

      (c)   The arbitrator may review the record compiled in connection with thecomplaint,including the tape recording or any transcript of a hearing and any briefs ormemoranda, butshall not receive additional testimony or evidence.

      (d)   The arbitrator shall issue a written resolution within 10 days after thesecretary ofstate's determination was due. The final resolution of the arbitrator shall bemailed to thesecretary of state, the complainant, and each respondent, and published on thesecretary of statewebsite. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, andamendments thereto,the determination of the arbitrator under this section shall be final and shallnot be subject toreview under the Kansas act for judicial review and civil enforcement of agencyactions.

      History:   L. 2004, ch. 25, § 31; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter25 > Article47 > Statutes_14151

25-4715

Chapter 25.--ELECTIONS
Article 47.--HELP AMERICA VOTE ACT OF 2002 ADMINISTRATIVE COMPLAINT ACT

      25-4715.   Appointment of arbitrator; when.(a) If the secretary of state does not render a finaldetermination within 90daysafter the complaint is filed, or within any extension to which the complainantconsents, thecomplaint shall be resolved under this section.

      (b)   Within five days after a final determination was due, the secretary ofstate shalldesignate the name of an arbitrator to resolve the complaint. Thedesignation shall be in writingand provided to both the complainant and respondent.

      (c)   The arbitrator may review the record compiled in connection with thecomplaint,including the tape recording or any transcript of a hearing and any briefs ormemoranda, butshall not receive additional testimony or evidence.

      (d)   The arbitrator shall issue a written resolution within 10 days after thesecretary ofstate's determination was due. The final resolution of the arbitrator shall bemailed to thesecretary of state, the complainant, and each respondent, and published on thesecretary of statewebsite. Pursuant to paragraph (3) of subsection (c) of K.S.A. 77-603, andamendments thereto,the determination of the arbitrator under this section shall be final and shallnot be subject toreview under the Kansas act for judicial review and civil enforcement of agencyactions.

      History:   L. 2004, ch. 25, § 31; July 1.