Kansas Statutes § 25-4163 Same; rights of respondent; hearing procedure; hearings before administrative law judge; final determination by commission; certain ex parte communications with commission prohibited; hearings to be publicVersion dated Oct. 30, 2024

(a) After a verified complaint alleging violation of a provision of the campaign finance act has been filed with the commission, the respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint, including the transcript of the hearing, if any. If a hearing is to be held pursuant to K.S.A. 25-4161 , and amendments thereto, then a subcommittee of the commission or the presiding officer , before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the request of any party . The commission shall reimburse the reasonable costs of production of documents subject to subpoena . Any hearing held under K.S.A. 25-4161 , and amendments thereto, may be conducted and held by a subcommittee of not less than five members of the commission, of whom not more than a majority shall be of the same political party. Upon a request by a respondent that the hearing be held before a presiding officer from the office of administrative hearings, all pre-hearing procedures shall be conducted by such presiding officer. The hearing shall be conducted in the manner prescribed by the Kansas administrative procedure act. Final determination of all complaints shall be made by the commission as a whole. [The chairperson of the commission or other member presiding over the commission or the presiding member of any subcommittee of the commission shall have the power to: (1) Administer oaths and affirmations; and (2) compel, by subpoena, the attendance of witnesses and the production of pertinent books, papers and documents. Witnesses shall be entitled to receive fees and mileage as provided by law for witnesses in civil actions, which shall be paid out of appropriations to the commission. Depositions may be taken and used in the same manner as in civil actions. Any person subpoenaed to appear and give testimony or to produce books, papers or documents, who fails or refuses to appear or to produce such books, papers or documents, or any person, having been sworn to testify, who refuses to answer any proper question, may be cited for contempt of the district court of Shawnee county, Kansas. The commission shall report to such court the facts relating to any such contempt. Thereupon proceedings before such court shall be had as in cases of other civil contempt.] The commission shall not conduct another hearing on the matter but shall make final determination based on the record of the hearing before the presiding officer or subcommittee of the commission.

(b) At every hearing held [by the commission] under this act :

(c) All hearings shall be open to the public.