State Codes and Statutes

Statutes > Kansas > Chapter44 > Article5 > Statutes_19073

44-552

Chapter 44.--LABOR AND INDUSTRIES
Article 5.--WORKERS COMPENSATION

      44-552.   Record of hearing; certified shorthand reporter;transcript; costs.(a) The director with the approval of thesecretary of labor shall at each hearing underthe workerscompensation act appoint a certifiedshorthand reporter, who may be within the classified service of theKansas civil service act, to attend each hearing where testimony isintroduced, and preserve a complete record of all oral or documentaryevidence introduced and all proceedings had at such hearing unless suchappointment is waived by mutual agreement. At the conclusion of thehearing in any case, if neither party has requested opportunity to filebriefs, the administrative law judge may read into the record for certificationand filing in the office of thedirector such stipulations, findings, rulings or orders the administrativelaw judge deemsexpedient to the early disposition of the case. If theadministrative law judge usessuch procedure, with the consent of the parties, no transcript ofthe record of the hearing shall be made, except that part which is readinto the record by the administrative law judge.

      (b)   All testimony introduced and proceedings had in hearings shall betaken down by the certified shorthand reporter, and if an actionfor review is commenced or if thedirector, or either party or the best interests of the administration ofjustice, so instructs, the certified shorthand reporter shall transcribethe certified shorthand reporter'snotes of suchhearing. If an action forreview is commenced, the cost of preparing a transcript shall be paid asprovided by K.S.A. 77-620 and amendments thereto. If no action for reviewis commenced, the cost of preparing a transcriptshall be taxed as costs in thecase at the discretion of the director in accordance with fair andcustomary rates charged in the state of Kansas. All official notes ofsuch certified shorthand reporters shall be preserved and filed in theoffice of the director. Any transcript prepared as above provided andduly certified shall be received as evidence by the board andby anycourt with the same effect as if the certified shorthand reporterwere present andtestified to the records so certified.

      (c)   The director or administrative law judge, whoever is conductingthe hearing,may makethe findings, awards, decisions, rulings or modifications of findings orawards and do all acts at any time without awaiting the transcription ofthe testimony of the certified shorthand reporter if the director oradministrative law judgedeems it expedient and advisable todo so.

      History:   L. 1927, ch. 232, § 37; L. 1955, ch. 250, § 15; L.1961, ch. 243, § 4; L. 1980, ch. 146, § 12;L. 1986, ch. 318, § 56;L. 1991, ch. 144, § 10;L. 1993, ch. 286, § 54;L. 2004, ch. 179, § 17; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article5 > Statutes_19073

44-552

Chapter 44.--LABOR AND INDUSTRIES
Article 5.--WORKERS COMPENSATION

      44-552.   Record of hearing; certified shorthand reporter;transcript; costs.(a) The director with the approval of thesecretary of labor shall at each hearing underthe workerscompensation act appoint a certifiedshorthand reporter, who may be within the classified service of theKansas civil service act, to attend each hearing where testimony isintroduced, and preserve a complete record of all oral or documentaryevidence introduced and all proceedings had at such hearing unless suchappointment is waived by mutual agreement. At the conclusion of thehearing in any case, if neither party has requested opportunity to filebriefs, the administrative law judge may read into the record for certificationand filing in the office of thedirector such stipulations, findings, rulings or orders the administrativelaw judge deemsexpedient to the early disposition of the case. If theadministrative law judge usessuch procedure, with the consent of the parties, no transcript ofthe record of the hearing shall be made, except that part which is readinto the record by the administrative law judge.

      (b)   All testimony introduced and proceedings had in hearings shall betaken down by the certified shorthand reporter, and if an actionfor review is commenced or if thedirector, or either party or the best interests of the administration ofjustice, so instructs, the certified shorthand reporter shall transcribethe certified shorthand reporter'snotes of suchhearing. If an action forreview is commenced, the cost of preparing a transcript shall be paid asprovided by K.S.A. 77-620 and amendments thereto. If no action for reviewis commenced, the cost of preparing a transcriptshall be taxed as costs in thecase at the discretion of the director in accordance with fair andcustomary rates charged in the state of Kansas. All official notes ofsuch certified shorthand reporters shall be preserved and filed in theoffice of the director. Any transcript prepared as above provided andduly certified shall be received as evidence by the board andby anycourt with the same effect as if the certified shorthand reporterwere present andtestified to the records so certified.

      (c)   The director or administrative law judge, whoever is conductingthe hearing,may makethe findings, awards, decisions, rulings or modifications of findings orawards and do all acts at any time without awaiting the transcription ofthe testimony of the certified shorthand reporter if the director oradministrative law judgedeems it expedient and advisable todo so.

      History:   L. 1927, ch. 232, § 37; L. 1955, ch. 250, § 15; L.1961, ch. 243, § 4; L. 1980, ch. 146, § 12;L. 1986, ch. 318, § 56;L. 1991, ch. 144, § 10;L. 1993, ch. 286, § 54;L. 2004, ch. 179, § 17; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article5 > Statutes_19073

44-552

Chapter 44.--LABOR AND INDUSTRIES
Article 5.--WORKERS COMPENSATION

      44-552.   Record of hearing; certified shorthand reporter;transcript; costs.(a) The director with the approval of thesecretary of labor shall at each hearing underthe workerscompensation act appoint a certifiedshorthand reporter, who may be within the classified service of theKansas civil service act, to attend each hearing where testimony isintroduced, and preserve a complete record of all oral or documentaryevidence introduced and all proceedings had at such hearing unless suchappointment is waived by mutual agreement. At the conclusion of thehearing in any case, if neither party has requested opportunity to filebriefs, the administrative law judge may read into the record for certificationand filing in the office of thedirector such stipulations, findings, rulings or orders the administrativelaw judge deemsexpedient to the early disposition of the case. If theadministrative law judge usessuch procedure, with the consent of the parties, no transcript ofthe record of the hearing shall be made, except that part which is readinto the record by the administrative law judge.

      (b)   All testimony introduced and proceedings had in hearings shall betaken down by the certified shorthand reporter, and if an actionfor review is commenced or if thedirector, or either party or the best interests of the administration ofjustice, so instructs, the certified shorthand reporter shall transcribethe certified shorthand reporter'snotes of suchhearing. If an action forreview is commenced, the cost of preparing a transcript shall be paid asprovided by K.S.A. 77-620 and amendments thereto. If no action for reviewis commenced, the cost of preparing a transcriptshall be taxed as costs in thecase at the discretion of the director in accordance with fair andcustomary rates charged in the state of Kansas. All official notes ofsuch certified shorthand reporters shall be preserved and filed in theoffice of the director. Any transcript prepared as above provided andduly certified shall be received as evidence by the board andby anycourt with the same effect as if the certified shorthand reporterwere present andtestified to the records so certified.

      (c)   The director or administrative law judge, whoever is conductingthe hearing,may makethe findings, awards, decisions, rulings or modifications of findings orawards and do all acts at any time without awaiting the transcription ofthe testimony of the certified shorthand reporter if the director oradministrative law judgedeems it expedient and advisable todo so.

      History:   L. 1927, ch. 232, § 37; L. 1955, ch. 250, § 15; L.1961, ch. 243, § 4; L. 1980, ch. 146, § 12;L. 1986, ch. 318, § 56;L. 1991, ch. 144, § 10;L. 1993, ch. 286, § 54;L. 2004, ch. 179, § 17; July 1.