2006 Kansas Code - 75-5951

      75-5951.   Same; transfer of programs; rights saved in judicial and administrative actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, which pertains to any of the transferred long-term care programs, and which is lawfully commenced, or could have been commenced, by or against the secretary of social and rehabilitation services in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the transfer of such programs. The secretary of aging shall be named or substituted as the defendant in place of the secretary of social and rehabilitation services in any suit, action or other proceeding involving claims arising from facts or events first occurring either on or before the date the pertinent program is transferred or on any date thereafter.

      (b)   No suit, action or other proceeding, judicial or administrative, pertaining to the transferred long-term care programs which otherwise would have been dismissed or concluded shall continue to exist by reason of any transfer under this act.

      (c)   No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.

      (d)   Any final appeal decision of the department of social and rehabilitation services entered pursuant to K.S.A. 75-3306 and amendments thereto or the Kansas act for judicial review and civil enforcement of agency actions currently pertaining to any long-term care program transferred pursuant to this act shall be binding upon and applicable to the secretary of aging and the department on aging.

      History:   L. 1996, ch. 271, § 8; July 1.