2006 Kansas Code - 74-50,193

      74-50,193.   Complaints against licensees; refusal to issue license, grounds. (a) Any person wishing to make a complaint against a licensee under this act, shall file the written complaint with the commission setting forth supporting details on a form provided by the commission. If the commission determines that the complaint warrants a hearing to ascertain whether the licensee shall be disciplined, the commission shall file a complaint as provided in the Kansas administrative procedure act. Any person holding more than one license issued by the commission and disciplined under one license will be automatically disciplined under all licenses.

      (b)   The commission may refuse to issue any license for one or any combination of reasons specified by this section. The commission shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of such applicant's right to file a complaint or an appeal for administrative hearing as provided in the Kansas administrative procedure act.

      (c)   The commission may file a complaint as provided in the Kansas administrative procedure act, against any holder of any license issued pursuant to this chapter, or against any person who has failed to renew or has surrendered their license for any of the following:

      (1)   Use of an alcoholic beverage or any controlled substance before or during a bout.

      (2)   The person has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed.

      (3)   Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this act.

      (4)   Providing false information on applications or medical forms.

      (5)   Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this act.

      (6)   Violating or enabling any person to violate any provision of this act or any rule and regulation adopted pursuant to this act.

      (7)   Impersonating any license holder or allowing any person to use the licensee's license.

      (8)   Failing to put forth the best effort during a bout.

      (9)   Disciplinary action against a holder of a license or other right to practice any profession regulated by this act and issued by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state.

      (10)   Adjudged mentally incompetent by a court of competent jurisdiction.

      (11)   Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation primarily is directed.

      (12)   Disruptive conduct at regulated sports contests, including the use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this act.

      (13)   Issuance of a license based upon a mistake of fact.

      (14)   Use of grease, ointments, strong smelling liniment, drugs which cause nausea or harmful reactions, liquids or powders or illegal substances is prohibited during a regulated sports contest.

      (d)   After the complaint is filed, the proceeding shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the administrative law judge finds that a person has violated one or more of the grounds specified in this section, such judge may limit and condition the license for a period not to exceed five years, suspend the person's license for a period not to exceed three years or may revoke the person's license.

      (e)   The commission may refuse to issue a license to any person who has violated any of the grounds specified in this section.

      History:   L. 2004, ch. 88, § 13; July 1.