Volume 43 - Issue 18 - May 2, 2024

State of Kansas

Human Rights Commission

Notice of Revocation of Administrative Regulations

The following Kansas Human Rights Commission’s administrative rules and regulations have been identified in a five-year regulation review submitted to the Joint Committee on Administrative Rules and Regulations as regulations for revocation pursuant to K.S.A. 77-440 and 77-426. These revocations will be effective 15 days after publication of this notice.

Regulations for Revocation

K.A.R. 21-32-7 – Affirmative Action. 21-32-8 – Job Opportunities Advertising.

These regulations that address affirmative action and advertising are duplicative of K.S.A. 44-1005(k) and K.S.A. 44-1009(a)(3) and (b).

K.A.R. 21-40-1 – Definitions.

This regulation provides definitions that are self-directing, duplicate statutory language or are otherwise unnecessary.

K.A.R. 21-40-2 – Construction.

This regulation is duplicative of K.S.A. 44-1006.

K.A.R. 21-40-3 – Rules of order.

This regulation is self-directing.

K.A.R. 21-40-4 – Cooperation with local agencies.

This regulation is duplicative of K.S.A. 44-1004(6).

K.A.R. 21-40-6 – Death, disability or absence of executive director.

This regulation is self-directing and covered by state personnel procedures.

K.A.R. 21-40-7 – Communications and filings generally.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-8 – Copies of pleadings.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-9 – Commencement of a proceeding.

This regulation is duplicative of K.S.A. 44-1005 (a) and (b).

K.A.R. 21-40-11 – Service.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-12 – Time.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-13 – Representation.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-14 – Order issuance.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-15 – Effective date of orders.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-16 – Commission decisions.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-17 – Intervention.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-40-18 – Certification of documents and records.

The Kansas Open Records Act addresses this subject.

K.A.R. 21-40-19 – Requests to inspect other records not considered public.

The Kansas Open Records Act addresses this subject.

K.A.R. 21-40-20 – Availability of rules.

This regulation is duplicative of K.S.A. 44-1005(o).

K.A.R. 21-42-1 – Investigation.

The regulation is duplicative of K.S.A. 44-1005(c).

K.A.R. 21-42-2 – Subpoenas.

The regulation is duplicative of K.S.A. 44-1004(5) and 44-1005(g).

K.A.R. 21-42-3 – Investigating commissioner.

The regulation is duplicative of K.S.A. 44-1005(d).

K.A.R. 21-42-4 – Notice of investigation.

The regulation is duplicative of K.S.A. 44-1005(c).

K.A.R. 21-42-6 – Amendment.

The regulation is duplicative of K.S.A. 44-1005(c).

K.A.R. 21-42-7 – Probable cause notice.

The regulation is duplicative of K.S.A. 44-1005(d) and (e).

K.A.R. 21-43-1 – Conference.

The regulation is duplicative of K.S.A. 44-1005(e).

K.A.R. 21-43-2 – Time limitation for conciliations.

The regulation is duplicative of K.S.A. 44-1005(e) and (f).

K.A.R. 21-43-3 – Successful conciliation.

The regulation is duplicative of K.S.A. 44-1005(e).

K.A.R. 21-43-4 – Consideration of complainant’s objections.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-43-5 – Settlements.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-43-6 – Non-disclosure of facts.

The regulation is duplicative of K.S.A. 44-1005(e).

K.A.R. 21-44-1 – Compliance review.

This subject is better suited for a rule of practice pursuant to K.S.A. 44-1005(o).

K.A.R. 21-44-2 – Reports.

Subsection (a) is duplicative of K.S.A. 44-1005(k); subsection (b) is not necessary because it pertains to reports subject to EEOC control and authority.

K.A.R. 21-44-5 – Membership club references.

A separate regulation is not necessary because denial of club membership based on racial or ethnic discrimination can be addressed in the same manner as other public accommodation complaints.

K.A.R. 21-50-1 – Applicability.

This regulation is superfluous upon revocation of the remainder of this Article.

K.A.R. 21-50-2 – Definitions.

This regulation is proposed for revocation because these definitions are partially duplicative of K.S.A. 44-1030 and are otherwise unnecessary.

K.A.R. 21-50-3 – Compliance review.

This regulation is proposed for revocation because it is partially duplicative of K.S.A. 44-1033 and self-directing.

K.A.R. 21-50-4 – Affirmative action program.

This regulation is unnecessary and duplicative of K.S.A. 44-1033 that states processing of complaints under this Supplemental Act would follow the process delineated for processing complaints of unlawful employment practices (see, e.g., K.S.A. 44-1005(k)).

K.A.R. 21-50-5 – Duties of contracting agency.

This regulation is duplicative of K.S.A. 44-1032.

K.A.R. 21-50-6 – Exemptions.

This regulation is unnecessary and addressed per K.S.A. 44-1001.

K.A.R. 21-50-7 – Contractor’s obligations.

This regulation is proposed for revocation because the statutory provisions adequately address contractor obligations.

K.A.R. 21-60-22 – Complaints alleging unlawful housing practices.

This regulation is proposed for revocation because K.S.A. 44-1019 adequately addresses the complaint procedures and portions of the regulation are also self-directing.

K.A.R. 21-60-23 – Conciliation and conciliation agreements.

This regulation is proposed for revocation because subparagraphs (a) and (c) duplicate K.S.A. 44-1019(f)(1) and subparagraph (b) is self-directing.

K.A.R. 21-80-8 – Exemption for employees serving under a contract of unlimited tenure.

This regulation is proposed for revocation because it is duplicative of K.S.A. 44-1118(e) and is otherwise obsolete.

Ruth Glover
Executive Director
Human Rights Commission

Doc. No. 052093