58-3310.General powers and duties.(a) The commissioner shall prescribe reasonable rules which shall beadopted, amended, or repealed in compliance with K.S.A. 77-415 et seq.and amendments thereto,after a public hearing with notice thereof published once ina newspaper or newspapers with statewide circulation not less than five (5)days nor more than fifteen (15) days prior to the hearing and mailed to allsubdividers not less than five (5) days nor more than fifteen (15) daysprior to the public hearing. The rules shall include but not be limited toprovisions for advertising standards to assure full and fair disclosure;provisions for escrow or trust agreements or other means reasonably toassure that all improvements referred to in the application forregistration and advertising will be completed and that purchasers willreceive the interest in land contracted for; provisions for operatingprocedures; and other rules as are necessary and proper to accomplish thepurpose of this act.
(b) The commissioner by rule or by an order, after reasonable notice andhearing, may require the filing of advertising material relating tosubdivided lands prior to its distribution.
(c) If it appears that a person has engaged or is about to engage in anact or practice constituting a violation of a provision of this act, or arule or order hereunder, the commissioner, with or without prioradministrative proceedings may bring an action in the district court toenjoin the acts or practices and to enforce compliance with this act or anyrule or order hereunder. Upon proper showing, injunctive relief ortemporary restraining orders shall be granted, and a receiver orconservator may be appointed. The commissioner is not required to post abond in any court proceedings.
(d) The commissioner may intervene in a suit involving subdivided lands.In any suit by or against a subdivider involving subdivided lands, thesubdivider promptly shall furnish the commissioner notice of the suit andcopies of all pleadings.
(e) The commissioner may:
(1) Accept registrations filed in other states or with the federalgovernment;
(2) contract with similar agencies in this state or other jurisdictionsto perform investigative functions;
(3) accept grants-in-aid from any source.
(f) The commissioner shall cooperate with similar agencies in otherjurisdictions to establish uniform filing procedures and forms, uniformpublic offering statements, advertising standards, rules and commonadministrative practices.
History: L. 1967, ch. 311, § 10; L. 1976, ch. 241, § 9; July 1.
58-3310.General powers and duties.(a) The commissioner shall prescribe reasonable rules which shall beadopted, amended, or repealed in compliance with K.S.A. 77-415 et seq.and amendments thereto,after a public hearing with notice thereof published once ina newspaper or newspapers with statewide circulation not less than five (5)days nor more than fifteen (15) days prior to the hearing and mailed to allsubdividers not less than five (5) days nor more than fifteen (15) daysprior to the public hearing. The rules shall include but not be limited toprovisions for advertising standards to assure full and fair disclosure;provisions for escrow or trust agreements or other means reasonably toassure that all improvements referred to in the application forregistration and advertising will be completed and that purchasers willreceive the interest in land contracted for; provisions for operatingprocedures; and other rules as are necessary and proper to accomplish thepurpose of this act.
(b) The commissioner by rule or by an order, after reasonable notice andhearing, may require the filing of advertising material relating tosubdivided lands prior to its distribution.
(c) If it appears that a person has engaged or is about to engage in anact or practice constituting a violation of a provision of this act, or arule or order hereunder, the commissioner, with or without prioradministrative proceedings may bring an action in the district court toenjoin the acts or practices and to enforce compliance with this act or anyrule or order hereunder. Upon proper showing, injunctive relief ortemporary restraining orders shall be granted, and a receiver orconservator may be appointed. The commissioner is not required to post abond in any court proceedings.
(d) The commissioner may intervene in a suit involving subdivided lands.In any suit by or against a subdivider involving subdivided lands, thesubdivider promptly shall furnish the commissioner notice of the suit andcopies of all pleadings.
(e) The commissioner may:
(1) Accept registrations filed in other states or with the federalgovernment;
(2) contract with similar agencies in this state or other jurisdictionsto perform investigative functions;
(3) accept grants-in-aid from any source.
(f) The commissioner shall cooperate with similar agencies in otherjurisdictions to establish uniform filing procedures and forms, uniformpublic offering statements, advertising standards, rules and commonadministrative practices.
History: L. 1967, ch. 311, § 10; L. 1976, ch. 241, § 9; July 1.
58-3310.General powers and duties.(a) The commissioner shall prescribe reasonable rules which shall beadopted, amended, or repealed in compliance with K.S.A. 77-415 et seq.and amendments thereto,after a public hearing with notice thereof published once ina newspaper or newspapers with statewide circulation not less than five (5)days nor more than fifteen (15) days prior to the hearing and mailed to allsubdividers not less than five (5) days nor more than fifteen (15) daysprior to the public hearing. The rules shall include but not be limited toprovisions for advertising standards to assure full and fair disclosure;provisions for escrow or trust agreements or other means reasonably toassure that all improvements referred to in the application forregistration and advertising will be completed and that purchasers willreceive the interest in land contracted for; provisions for operatingprocedures; and other rules as are necessary and proper to accomplish thepurpose of this act.
(b) The commissioner by rule or by an order, after reasonable notice andhearing, may require the filing of advertising material relating tosubdivided lands prior to its distribution.
(c) If it appears that a person has engaged or is about to engage in anact or practice constituting a violation of a provision of this act, or arule or order hereunder, the commissioner, with or without prioradministrative proceedings may bring an action in the district court toenjoin the acts or practices and to enforce compliance with this act or anyrule or order hereunder. Upon proper showing, injunctive relief ortemporary restraining orders shall be granted, and a receiver orconservator may be appointed. The commissioner is not required to post abond in any court proceedings.
(d) The commissioner may intervene in a suit involving subdivided lands.In any suit by or against a subdivider involving subdivided lands, thesubdivider promptly shall furnish the commissioner notice of the suit andcopies of all pleadings.
(e) The commissioner may:
(1) Accept registrations filed in other states or with the federalgovernment;
(2) contract with similar agencies in this state or other jurisdictionsto perform investigative functions;
(3) accept grants-in-aid from any source.
(f) The commissioner shall cooperate with similar agencies in otherjurisdictions to establish uniform filing procedures and forms, uniformpublic offering statements, advertising standards, rules and commonadministrative practices.
History: L. 1967, ch. 311, § 10; L. 1976, ch. 241, § 9; July 1.
