75-3306. Appeals to secretary; investigations; subpoenas; hearings, when required; application of Kansas administrative procedure act, exceptions; jurisdiction. (a) The secretary for children and families, except as set forth in the Kansas administrative procedure act and subsections (f), (g), (h) and (i), shall provide a fair hearing for any person who is an applicant, client, inmate, other interested person or taxpayer who appeals from the decision or final action of any agent or employee of the secretary. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
It shall be the duty of the secretary for children and families to have available in all intake offices, during all office hours, forms for filing complaints for hearings, and appeal forms with which to appeal from the decision of the agent or employee of the secretary. The forms shall be prescribed by the secretary for children and families and shall have printed on or as a part of them the basic procedure for hearings and appeals prescribed by state law and the secretary for children and families.
(b) The secretary for children and families shall have authority to investigate: (1) Any claims and vouchers and persons or businesses who provide services to the secretary for children and families or to welfare recipients; (2) the eligibility of persons to receive assistance; and (3) the eligibility of providers of services.
(c) The secretary for children and families shall have authority, when conducting investigations as provided for in this section, to issue subpoenas; compel the attendance of witnesses at the place designated in this state; compel the production of any records, books, papers or other documents considered necessary; administer oaths; take testimony; and render decisions. If a person refuses to comply with any subpoena issued under this section or to testify to any matter regarding which the person may lawfully be questioned, the district court of any county, on application of the secretary, may issue an order requiring the person to comply with the subpoena and to testify, and any failure to obey the order of the court may be punished by the court as a contempt of court. Unless incapacitated, the person placing a claim or defending a privilege before the secretary shall appear in person or by authorized representative and may not be excused from answering questions and supplying information, except in accordance with the person's constitutional rights and lawful privileges.
(d) The presiding officer may close any portion of a hearing conducted under the Kansas administrative procedure act when matters made confidential, pursuant to federal or state law or regulation are under consideration.
(e) Except as provided in subsection (d) of K.S.A. 77-511, and amendments thereto, and notwithstanding the other provisions of the Kansas administrative procedure act, the secretary may enforce any order prior to the disposition of a person's application for an adjudicative proceeding unless prohibited from such action by federal or state statute, regulation or court order.
(f) Except as provided in this subsection, decisions and final actions relating to the administration of the support enforcement program set forth in K.S.A. 39-753 et seq., and amendments thereto, shall be exempt from the provisions of the Kansas administrative procedure act and subsection (a). Decisions and final actions relating to the support enforcement program may be reviewed pursuant to this section if the decision or final action relates directly to federal debt set-off activities or the person is specifically permitted by statute to request a fair hearing under this section.
(g) Decisions relating to administrative disqualification hearings shall be exempt from the provisions of the Kansas administrative procedure act and subsection (a).
(h) The Kansas department for children and families shall not have jurisdiction to determine the facial validity of a state or federal statute. An administrative law judge from the office of administrative hearings shall not have jurisdiction to determine the facial validity of an agency rule and regulation.
(i) The Kansas department for children and families shall not be required to provide a hearing if: (1) The Kansas department for children and families lacks jurisdiction of the subject matter; (2) resolution of the matter does not require the Kansas department for children and families to issue an order that determines the applicant's legal rights, duties, privileges, immunities or other legal interests; (3) the matter was not timely submitted to the Kansas department for children and families pursuant to rules and regulations or other provision of law; or (4) the matter was not submitted in a form substantially complying with any applicable provision of law.
History: L. 1939, ch. 202, § 6; L. 1947, ch. 425, § 7; L. 1949, ch. 447, § 1; L. 1972, ch. 325, § 1; L. 1973, ch. 186, § 33; L. 1984, ch. 320, § 1; L. 1988, ch. 356, § 302; L. 1989, ch. 283, § 21; L. 1997, ch. 182, § 77; L. 1997, ch. 182, § 91; L. 2014, ch. 115, § 321; July 1.
Source or prior law:
39-704.
Law Review and Bar Journal References:
"Rethinking Kansas Administrative Procedure," Marilyn V. Ainsworth and Sidney A. Shapiro, 28 K.L.R. 419, 435 (1980).
"Don't Plan on Aging: The Kansas Supreme Court Reaffirms Its Hostility Toward Medicaid Planning [Brewer v. Schalansky, 102 P.3d 1145 (Kan. 2004)]," Bryn A. Poland, 75 J.K.B.A. No. 8, 26 (2006).
Attorney General's Opinions:
Constitutionality of K.S.A. 65-516(a)(3); child abuse validation by the department of social and rehabilitation services. 86-163.
CASE ANNOTATIONS
1. Application to appeal by county board of social welfare questioned. State, ex rel., v. Jackson County Board of Social Welfare, 161 Kan. 672, 681, 171 P.2d 651.
2. Venue of appeal from order of state appeals committee of state department of social welfare is in Wyandotte county. Powers v. State Department of Social Welfare, 208 Kan. 605, 609, 493 P.2d 590.
3. Order of state appeals committee of state department of social welfare denying welfare benefits is judicial or quasi-judicial in nature. Powers v. State Department of Social Welfare, 208 Kan. 605, 610, 493 P.2d 590.
4. Cited; section provides proper remedy for persons deprived of rights under social welfare act. Valkenburgh v. State Board of Social Welfare, 211 Kan. 754, 757, 508 P.2d 875.
5. Referred to in upholding appeal to supreme court from ruling by district court on administrative decision; scope of review. Olathe Hospital Foundation, Inc. v. Extendicare, Inc., 217 Kan. 546, 550, 539 P.2d 1.
6. Determination of whether Kansas resident who receives care in another state is eligible for medical assistance under K.S.A. 39-709. Elliott v. State Dept. of Social & Rehab. Serv., 3 Kan. App. 2d 494, 597 P.2d 679.
7. Whether federal abstention is appropriate in review of medicaid reimbursement rates examined. Kansas Health Care v. Kansas DSRS, 822 F. Supp. 687, 689 (1993).
8. Comparable protection program is remedy for SRS assistance recipient who died while participating in mandatory work program. Gamblian v. City of Parsons, 261 Kan. 541, 551, 931 P.2d 1238 (1997).
9. Cited; developmentally disabled adult's medicaid benefits terminated; exhaustion of state proceedings held non-applicable to remedial proceedings. Brown ex rel. Brown v. Day, 555 F.3d 882, 903 (2009).
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