State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19359

44-1004

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1004.   Powers and duties of commission.The commission shall have the following functions, powers and duties:

      (1)   To establish and maintain its principal office in the city of Topeka,and such other offices elsewhere within the state as it may deem necessary.

      (2)   To meet and function at any place within the state.

      (3)   To adopt, promulgate, amend and rescind suitable rules andregulations to carry out the provisions of this act, and the policies andpractices of the commission in connection therewith.

      (4)   To receive, initiate, investigate and pass upon complaints allegingdiscrimination in employment, public accommodations and housing because ofrace, religion, color, sex, disability, national origin or ancestry andcomplaints alleging discrimination in housing because of familial status.

      (5)   To subpoena witnesses, compel their appearance and require theproduction for examination of records, documents and other evidence orpossible sources of evidence and to examine, record and copy such materialsand take and record the testimony or statements of such persons. Thecommission may issue subpoenas to compel access to or the production ofsuch materials, or the appearance of such persons, and may issueinterrogatories to a respondent to the same extent and subject to the samelimitations as would apply if the subpoena or interrogatories were issuedor served in aid of a civil action in the district court. The commissionshall have access at all reasonable times to premises and may compel suchaccess by application to a court of competent jurisdiction provided that thecommission first complies with the provisions of article 15 of the Kansas billof rights and the fourth amendment to the United States constitution relatingto unreasonable searches and seizures. The commission may administer oaths andtake depositions to the same extent and subject to the same limitations aswould apply if the deposition was taken in aid of a civil action in thedistrict court. In case of the refusal of any person to comply with anysubpoena, interrogatory or search warrant issued hereunder, or to testify toany matter regarding which such person may be lawfully questioned, the districtcourt of any county may, upon application of the commission, order such personto comply with such subpoena or interrogatory and to testify. Failure to obeythe court's order may be punished by the court as contempt. No person shall beprosecuted or subjected to any penalty or forfeiture for or on account of anytransaction, matter or thing concerning which such person testifies or producesevidence, except that such person so testifying shall not be exempt fromprosecution and punishment for perjury committed in so testifying. The immunityherein provided shall extend only to natural persons.

      (6)   To act in concert with other parties in interest in order toeliminate and prevent discrimination and segregation, prohibited by thisact, by including any term in a conciliation agreement as could be includedin a final order under this act.

      (7)   To apply to the district court of the county where the respondentresides or transacts business for enforcement of any conciliation agreementby seeking specific performance of such agreement.

      (8)   To issue such final orders after a public hearing as may remedy anyexisting situation found to violate this act and prevent its recurrence.

      (9)   To endeavor to eliminate prejudice among the various ethnic groupsand people with disabilities in this state and to further good will amongsuch groups. The commission in cooperation with the state department ofeducation shall prepare a comprehensive educational program designed for thestudents of the public schools of this state and for all other residentsthereof, calculated to emphasize the origin of prejudice against such groups,its harmful effects and its incompatibility with American principles ofequality and fair play.

      (10)   To create such advisory agencies and conciliation councils, local,regional or statewide, as in its judgment will aid in effectuating thepurposes of this act; to study the problem of discrimination in all orspecific fields or instances of discrimination because of race, religion,color, sex, disability, national origin or ancestry; to foster, throughcommunity effort or otherwise, good will, cooperation and conciliation amongthe groups and elements of the population of this state; and to makerecommendations to the commission for the development of policies andprocedures, and for programs of formal and informal education, which thecommission may recommend to the appropriate state agency. Such advisoryagencies and conciliation councils shall be composed of representative citizensserving without pay. The commission may itself make the studies and perform theacts authorized by this paragraph. It may, by voluntary conferences withparties in interest, endeavor by conciliation and persuasion to eliminatediscrimination in all the stated fields and to foster good will and cooperationamong all elements of the population of the state.

      (11)   To accept contributions from any person to assist in theeffectuation of this section and to seek and enlist the cooperation ofprivate, charitable, religious, labor, civic and benevolent organizationsfor the purposes of this section.

      (12)   To issue such publications and such results of investigation andresearch as in its judgment will tend to promote good will and minimize oreliminate discrimination because of race, religion, color, sex, disability,national origin or ancestry.

      (13)   To render each year to the governor and to the state legislature afull written report of all of its activities and of its recommendations.

      (14)   To adopt an official seal.

      (15)   To receive and accept federal funds to effectuate the purposes ofthe act and to enter into agreements with any federal agency for such purpose.

      History:   L. 1953, ch. 249, § 4; L. 1961, ch. 248, § 4; L. 1963,ch. 279, § 3; L. 1965, ch. 323, § 4; L. 1967, ch. 285, § 1; L. 1970,ch. 192, § 2; L. 1972, ch. 194, § 4; L. 1974, ch. 209, § 3; L. 1975,ch. 264, § 3; L. 1991, ch. 147, § 3; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19359

44-1004

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1004.   Powers and duties of commission.The commission shall have the following functions, powers and duties:

      (1)   To establish and maintain its principal office in the city of Topeka,and such other offices elsewhere within the state as it may deem necessary.

      (2)   To meet and function at any place within the state.

      (3)   To adopt, promulgate, amend and rescind suitable rules andregulations to carry out the provisions of this act, and the policies andpractices of the commission in connection therewith.

      (4)   To receive, initiate, investigate and pass upon complaints allegingdiscrimination in employment, public accommodations and housing because ofrace, religion, color, sex, disability, national origin or ancestry andcomplaints alleging discrimination in housing because of familial status.

      (5)   To subpoena witnesses, compel their appearance and require theproduction for examination of records, documents and other evidence orpossible sources of evidence and to examine, record and copy such materialsand take and record the testimony or statements of such persons. Thecommission may issue subpoenas to compel access to or the production ofsuch materials, or the appearance of such persons, and may issueinterrogatories to a respondent to the same extent and subject to the samelimitations as would apply if the subpoena or interrogatories were issuedor served in aid of a civil action in the district court. The commissionshall have access at all reasonable times to premises and may compel suchaccess by application to a court of competent jurisdiction provided that thecommission first complies with the provisions of article 15 of the Kansas billof rights and the fourth amendment to the United States constitution relatingto unreasonable searches and seizures. The commission may administer oaths andtake depositions to the same extent and subject to the same limitations aswould apply if the deposition was taken in aid of a civil action in thedistrict court. In case of the refusal of any person to comply with anysubpoena, interrogatory or search warrant issued hereunder, or to testify toany matter regarding which such person may be lawfully questioned, the districtcourt of any county may, upon application of the commission, order such personto comply with such subpoena or interrogatory and to testify. Failure to obeythe court's order may be punished by the court as contempt. No person shall beprosecuted or subjected to any penalty or forfeiture for or on account of anytransaction, matter or thing concerning which such person testifies or producesevidence, except that such person so testifying shall not be exempt fromprosecution and punishment for perjury committed in so testifying. The immunityherein provided shall extend only to natural persons.

      (6)   To act in concert with other parties in interest in order toeliminate and prevent discrimination and segregation, prohibited by thisact, by including any term in a conciliation agreement as could be includedin a final order under this act.

      (7)   To apply to the district court of the county where the respondentresides or transacts business for enforcement of any conciliation agreementby seeking specific performance of such agreement.

      (8)   To issue such final orders after a public hearing as may remedy anyexisting situation found to violate this act and prevent its recurrence.

      (9)   To endeavor to eliminate prejudice among the various ethnic groupsand people with disabilities in this state and to further good will amongsuch groups. The commission in cooperation with the state department ofeducation shall prepare a comprehensive educational program designed for thestudents of the public schools of this state and for all other residentsthereof, calculated to emphasize the origin of prejudice against such groups,its harmful effects and its incompatibility with American principles ofequality and fair play.

      (10)   To create such advisory agencies and conciliation councils, local,regional or statewide, as in its judgment will aid in effectuating thepurposes of this act; to study the problem of discrimination in all orspecific fields or instances of discrimination because of race, religion,color, sex, disability, national origin or ancestry; to foster, throughcommunity effort or otherwise, good will, cooperation and conciliation amongthe groups and elements of the population of this state; and to makerecommendations to the commission for the development of policies andprocedures, and for programs of formal and informal education, which thecommission may recommend to the appropriate state agency. Such advisoryagencies and conciliation councils shall be composed of representative citizensserving without pay. The commission may itself make the studies and perform theacts authorized by this paragraph. It may, by voluntary conferences withparties in interest, endeavor by conciliation and persuasion to eliminatediscrimination in all the stated fields and to foster good will and cooperationamong all elements of the population of the state.

      (11)   To accept contributions from any person to assist in theeffectuation of this section and to seek and enlist the cooperation ofprivate, charitable, religious, labor, civic and benevolent organizationsfor the purposes of this section.

      (12)   To issue such publications and such results of investigation andresearch as in its judgment will tend to promote good will and minimize oreliminate discrimination because of race, religion, color, sex, disability,national origin or ancestry.

      (13)   To render each year to the governor and to the state legislature afull written report of all of its activities and of its recommendations.

      (14)   To adopt an official seal.

      (15)   To receive and accept federal funds to effectuate the purposes ofthe act and to enter into agreements with any federal agency for such purpose.

      History:   L. 1953, ch. 249, § 4; L. 1961, ch. 248, § 4; L. 1963,ch. 279, § 3; L. 1965, ch. 323, § 4; L. 1967, ch. 285, § 1; L. 1970,ch. 192, § 2; L. 1972, ch. 194, § 4; L. 1974, ch. 209, § 3; L. 1975,ch. 264, § 3; L. 1991, ch. 147, § 3; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19359

44-1004

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1004.   Powers and duties of commission.The commission shall have the following functions, powers and duties:

      (1)   To establish and maintain its principal office in the city of Topeka,and such other offices elsewhere within the state as it may deem necessary.

      (2)   To meet and function at any place within the state.

      (3)   To adopt, promulgate, amend and rescind suitable rules andregulations to carry out the provisions of this act, and the policies andpractices of the commission in connection therewith.

      (4)   To receive, initiate, investigate and pass upon complaints allegingdiscrimination in employment, public accommodations and housing because ofrace, religion, color, sex, disability, national origin or ancestry andcomplaints alleging discrimination in housing because of familial status.

      (5)   To subpoena witnesses, compel their appearance and require theproduction for examination of records, documents and other evidence orpossible sources of evidence and to examine, record and copy such materialsand take and record the testimony or statements of such persons. Thecommission may issue subpoenas to compel access to or the production ofsuch materials, or the appearance of such persons, and may issueinterrogatories to a respondent to the same extent and subject to the samelimitations as would apply if the subpoena or interrogatories were issuedor served in aid of a civil action in the district court. The commissionshall have access at all reasonable times to premises and may compel suchaccess by application to a court of competent jurisdiction provided that thecommission first complies with the provisions of article 15 of the Kansas billof rights and the fourth amendment to the United States constitution relatingto unreasonable searches and seizures. The commission may administer oaths andtake depositions to the same extent and subject to the same limitations aswould apply if the deposition was taken in aid of a civil action in thedistrict court. In case of the refusal of any person to comply with anysubpoena, interrogatory or search warrant issued hereunder, or to testify toany matter regarding which such person may be lawfully questioned, the districtcourt of any county may, upon application of the commission, order such personto comply with such subpoena or interrogatory and to testify. Failure to obeythe court's order may be punished by the court as contempt. No person shall beprosecuted or subjected to any penalty or forfeiture for or on account of anytransaction, matter or thing concerning which such person testifies or producesevidence, except that such person so testifying shall not be exempt fromprosecution and punishment for perjury committed in so testifying. The immunityherein provided shall extend only to natural persons.

      (6)   To act in concert with other parties in interest in order toeliminate and prevent discrimination and segregation, prohibited by thisact, by including any term in a conciliation agreement as could be includedin a final order under this act.

      (7)   To apply to the district court of the county where the respondentresides or transacts business for enforcement of any conciliation agreementby seeking specific performance of such agreement.

      (8)   To issue such final orders after a public hearing as may remedy anyexisting situation found to violate this act and prevent its recurrence.

      (9)   To endeavor to eliminate prejudice among the various ethnic groupsand people with disabilities in this state and to further good will amongsuch groups. The commission in cooperation with the state department ofeducation shall prepare a comprehensive educational program designed for thestudents of the public schools of this state and for all other residentsthereof, calculated to emphasize the origin of prejudice against such groups,its harmful effects and its incompatibility with American principles ofequality and fair play.

      (10)   To create such advisory agencies and conciliation councils, local,regional or statewide, as in its judgment will aid in effectuating thepurposes of this act; to study the problem of discrimination in all orspecific fields or instances of discrimination because of race, religion,color, sex, disability, national origin or ancestry; to foster, throughcommunity effort or otherwise, good will, cooperation and conciliation amongthe groups and elements of the population of this state; and to makerecommendations to the commission for the development of policies andprocedures, and for programs of formal and informal education, which thecommission may recommend to the appropriate state agency. Such advisoryagencies and conciliation councils shall be composed of representative citizensserving without pay. The commission may itself make the studies and perform theacts authorized by this paragraph. It may, by voluntary conferences withparties in interest, endeavor by conciliation and persuasion to eliminatediscrimination in all the stated fields and to foster good will and cooperationamong all elements of the population of the state.

      (11)   To accept contributions from any person to assist in theeffectuation of this section and to seek and enlist the cooperation ofprivate, charitable, religious, labor, civic and benevolent organizationsfor the purposes of this section.

      (12)   To issue such publications and such results of investigation andresearch as in its judgment will tend to promote good will and minimize oreliminate discrimination because of race, religion, color, sex, disability,national origin or ancestry.

      (13)   To render each year to the governor and to the state legislature afull written report of all of its activities and of its recommendations.

      (14)   To adopt an official seal.

      (15)   To receive and accept federal funds to effectuate the purposes ofthe act and to enter into agreements with any federal agency for such purpose.

      History:   L. 1953, ch. 249, § 4; L. 1961, ch. 248, § 4; L. 1963,ch. 279, § 3; L. 1965, ch. 323, § 4; L. 1967, ch. 285, § 1; L. 1970,ch. 192, § 2; L. 1972, ch. 194, § 4; L. 1974, ch. 209, § 3; L. 1975,ch. 264, § 3; L. 1991, ch. 147, § 3; July 1.