State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19377

44-1020

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

      44-1020.   Same; subpoenas; witness fees and mileage; interim judicialrelief; criminal enforcement of subpoenas.(a) Upon written application to the commission, a respondent shall beentitled to the issuance of a reasonable number of subpoenas by and in thename of the commission to the same extent and subject to the samelimitations as subpoenas issued by the commission. Subpoenas issued at therequest of a respondent shall show on their face the name and address ofsuch respondent and shall state that they were issued at respondent's request.

      (b)   Witnesses summoned by subpoena of the commission shall be entitledto the same witness and mileage fees as are allowed witnesses inproceedings in district courts. Fees payable to a witness summoned by asubpoena issued at the request of a respondent shall be paid by the respondent.

      (c)   If the commission concludes at any time following the filing of acomplaint that prompt judicial action is necessary to carry out the purposes ofthis act, the commission may bring a civil action in the district court of thecounty in which the alleged discriminatory housing practice is alleged to haveoccurred, for appropriate temporary or preliminary relief pending finaldisposition of the complaint under this section. The commission shall promptlynotify the attorney general of the filing of any action pursuant to thissubsection. Any temporary restraining order or other order granting preliminaryor temporary relief shall be issued in accordance with the rules of civilprocedure. The commencement of a civil action under this subsection does notaffect the initiation or continuation of administrative proceedings under thisact.

      (d)   Any person who willfully fails or neglects to attend and testify orto answer any lawful inquiry or to produce records, documents or otherevidence, if in such person's power to do so in obedience to the subpoena orlawful order of the commission, shall, upon conviction, be fined not more than$1,000 or imprisoned for not more than one year, or both such fine andimprisonment. Any person who, with intent thereby to mislead the commission,shall make or cause to be made any false entry or statement of fact in anyreport, account, record or other document, submitted to the commission pursuantto subpoena or other order of the commission, or who shall willfully neglect orfail to make or cause to be made full, true and correct entries in suchreports, accounts, records or other documents, or who shall willfully mutilate,alter or by any other means falsify any documentary evidence, shall, uponconviction, be fined not more than $1,000 or imprisoned for not more than oneyear, or both such fine and imprisonment.

      History:   L. 1970, ch. 193, § 6; L. 1972, ch. 194, § 11; L. 1991,ch. 147, § 12; Jan. 1, 1992.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19377

44-1020

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

      44-1020.   Same; subpoenas; witness fees and mileage; interim judicialrelief; criminal enforcement of subpoenas.(a) Upon written application to the commission, a respondent shall beentitled to the issuance of a reasonable number of subpoenas by and in thename of the commission to the same extent and subject to the samelimitations as subpoenas issued by the commission. Subpoenas issued at therequest of a respondent shall show on their face the name and address ofsuch respondent and shall state that they were issued at respondent's request.

      (b)   Witnesses summoned by subpoena of the commission shall be entitledto the same witness and mileage fees as are allowed witnesses inproceedings in district courts. Fees payable to a witness summoned by asubpoena issued at the request of a respondent shall be paid by the respondent.

      (c)   If the commission concludes at any time following the filing of acomplaint that prompt judicial action is necessary to carry out the purposes ofthis act, the commission may bring a civil action in the district court of thecounty in which the alleged discriminatory housing practice is alleged to haveoccurred, for appropriate temporary or preliminary relief pending finaldisposition of the complaint under this section. The commission shall promptlynotify the attorney general of the filing of any action pursuant to thissubsection. Any temporary restraining order or other order granting preliminaryor temporary relief shall be issued in accordance with the rules of civilprocedure. The commencement of a civil action under this subsection does notaffect the initiation or continuation of administrative proceedings under thisact.

      (d)   Any person who willfully fails or neglects to attend and testify orto answer any lawful inquiry or to produce records, documents or otherevidence, if in such person's power to do so in obedience to the subpoena orlawful order of the commission, shall, upon conviction, be fined not more than$1,000 or imprisoned for not more than one year, or both such fine andimprisonment. Any person who, with intent thereby to mislead the commission,shall make or cause to be made any false entry or statement of fact in anyreport, account, record or other document, submitted to the commission pursuantto subpoena or other order of the commission, or who shall willfully neglect orfail to make or cause to be made full, true and correct entries in suchreports, accounts, records or other documents, or who shall willfully mutilate,alter or by any other means falsify any documentary evidence, shall, uponconviction, be fined not more than $1,000 or imprisoned for not more than oneyear, or both such fine and imprisonment.

      History:   L. 1970, ch. 193, § 6; L. 1972, ch. 194, § 11; L. 1991,ch. 147, § 12; Jan. 1, 1992.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19377

44-1020

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

      44-1020.   Same; subpoenas; witness fees and mileage; interim judicialrelief; criminal enforcement of subpoenas.(a) Upon written application to the commission, a respondent shall beentitled to the issuance of a reasonable number of subpoenas by and in thename of the commission to the same extent and subject to the samelimitations as subpoenas issued by the commission. Subpoenas issued at therequest of a respondent shall show on their face the name and address ofsuch respondent and shall state that they were issued at respondent's request.

      (b)   Witnesses summoned by subpoena of the commission shall be entitledto the same witness and mileage fees as are allowed witnesses inproceedings in district courts. Fees payable to a witness summoned by asubpoena issued at the request of a respondent shall be paid by the respondent.

      (c)   If the commission concludes at any time following the filing of acomplaint that prompt judicial action is necessary to carry out the purposes ofthis act, the commission may bring a civil action in the district court of thecounty in which the alleged discriminatory housing practice is alleged to haveoccurred, for appropriate temporary or preliminary relief pending finaldisposition of the complaint under this section. The commission shall promptlynotify the attorney general of the filing of any action pursuant to thissubsection. Any temporary restraining order or other order granting preliminaryor temporary relief shall be issued in accordance with the rules of civilprocedure. The commencement of a civil action under this subsection does notaffect the initiation or continuation of administrative proceedings under thisact.

      (d)   Any person who willfully fails or neglects to attend and testify orto answer any lawful inquiry or to produce records, documents or otherevidence, if in such person's power to do so in obedience to the subpoena orlawful order of the commission, shall, upon conviction, be fined not more than$1,000 or imprisoned for not more than one year, or both such fine andimprisonment. Any person who, with intent thereby to mislead the commission,shall make or cause to be made any false entry or statement of fact in anyreport, account, record or other document, submitted to the commission pursuantto subpoena or other order of the commission, or who shall willfully neglect orfail to make or cause to be made full, true and correct entries in suchreports, accounts, records or other documents, or who shall willfully mutilate,alter or by any other means falsify any documentary evidence, shall, uponconviction, be fined not more than $1,000 or imprisoned for not more than oneyear, or both such fine and imprisonment.

      History:   L. 1970, ch. 193, § 6; L. 1972, ch. 194, § 11; L. 1991,ch. 147, § 12; Jan. 1, 1992.