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Agency 91

State Department of Education

Article 22.—Professional Practices Commission

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91-22-5a. Complaints. (a) The commission, on its own motion, or a member of the teaching or school administration profession may initiate proceedings before the commission by filing a complaint in writing alleging that a license holder or applicant has engaged in any conduct for which a license issued by the state board may be denied, suspended, or revoked under K.A.R. 91-22-1a and amendments thereto. The complaint shall be filed with the commission's secretary.
(b) Each person filing a complaint shall set forth in the complaint the following information:
(1) The name and address of the complainant;
(2) the name and last known address of the license holder or applicant charged;
(3) the act or acts for which the license is sought to be denied, suspended, or revoked; and
(4) the relief sought.
The complaint shall be typed, signed, and verified by the complainant or accompanied by an affidavit attesting to the veracity of the contents of the complaint. Written instruments or documents under the control of or known to a complainant that are relevant to the charges shall be attached as exhibits or, if unavailable, referenced in the complaint.
(c) A complaint that does not state a good faith or prima facie case shall be tabled by the commission. The complainant shall be notified in writing of the action. The complainant shall be permitted to withdraw or amend the complaint. If the complainant decides to file an amended complaint, that complaint shall be filed within 10 days after service of the notice of action by the commission.
(d) A complaint or amended complaint that states a good faith cause of action shall be served on the person charged in the complaint by certified mail, return receipt requested.
(e) Surrender of license. A member of the teaching or school administration profession may voluntarily surrender the member's license to the commission. The action of surrender shall be investigated by the commission. A recommendation shall be made by the commission to the state board for disposition of the license.
(f) Complainant motivated by malice. A complainant who is found by the commission to have been maliciously motivated in filing a complaint or to have acted fraudulently may be disciplined by the state board by public censure or by the suspension, cancellation, or revocation of the complainant's license. (Authorized by article 6, section 2 of the Kansas Constitution; implementing article 6, section 2 of the Kansas Constitution and K.S.A. 72-8507; effective May 1, 1979; amended May 19, 2000.)
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