Publications iconKansas Register

Volume 40 - Issue 8 - February 25, 2021

State of Kansas

Human Rights Commission

Permanent Administrative Regulations

Article 40.—GENERAL PROVISIONS

21-40-10. (Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)

Article 41.—COMPLAINTS AND RESPONSES

21-41-1. (Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)

21-41-2. Submission of complaints and responses. Each complaint and each response to a complaint shall be submitted in hard copy, either typed or handwritten; by facsimile; or by electronic mail. Any complaint may be submitted on a form provided by the commission. (Authorized by K.S.A. 44-1004, 44-1034, 44-1121; implementing K.S.A. 44-1004, K.S.A. 2019 Supp. 44-1005, K.S.A. 2019 Supp. 44-1019, K.S.A. 44-1033, K.S.A. 44-1115; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; amended March 12, 2021.)

21-41-3. Contents of complaints. Each complaint shall contain the following:

(a) The full name and address of the complainant;

(b) the full name and address of the respondent;

(c) the alleged unlawful employment practice or unlawful discriminatory practice and a statement of the nature thereof;

(d) the date or dates of the alleged unlawful employment practice or unlawful discriminatory practice, and, if the alleged unlawful employment practice or unlawful discriminatory practice is of a continuing nature, the dates between which continuing acts of discrimination are alleged to have occurred; and

(e) a statement as to any other action filed or pending in any court or other forum based on the same grievance as is alleged in the complaint, together with a statement as to the status or disposition of the other action. (Authorized by K.S.A. 44-1004, 44-1034, 44-1121; implementing K.S.A. 44-1004, K.S.A. 2019 Supp. 44-1005, K.S.A. 2019 Supp. 44-1019, K.S.A. 44-1033, K.S.A. 44-1115; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; amended March 12, 2021.)

21-41-4. (Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)

21-41-6. Amendment; supplementation. Any complaint or response may be amended or supplemented before a finding of probable cause or no probable cause has been issued. Amendments or supplements to a complaint shall be permitted to add or clarify allegations related to or arising from the initial complaint. (Authorized by K.S.A. 44-1004, 44-1034, 44-1121; implementing K.S.A. 44-1004, K.S.A. 2020 Supp. 44-1005, K.S.A. 2020 Supp. 44-1019, K.S.A. 44-1033, K.S.A. 44-1115; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; amended March 12, 2021.)

21-41-8. Dismissal before hearing. (a) Dismissal. A complaint shall be dismissed against a respondent if the commission lacks jurisdiction over that respondent or if the investigating commissioner determines that there is no probable cause to credit the allegations of the complaint against that respondent.

(b) Administrative expedience. A complaint shall be subject to dismissal on grounds of administrative expedience if at least one of the following conditions is met:

(1) The complainant fails to cooperate with investigation of the complaint.

(2) The complainant’s objections to a proposed conciliation agreement are without substance.

(3) Noticing the complaint for hearing would be otherwise impracticable. (Authorized by K.S.A. 44-1004, 44-1034, 44-1121; implementing K.S.A. 44-1004, K.S.A. 2019 Supp. 44-1005, K.S.A. 2019 Supp. 44-1019, K.S.A. 44-1033, K.S.A. 44-1115; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; amended March 12, 2021.)

21-41-10. Criminal and civil proceedings. If either criminal or civil proceedings are filed on a matter pending before the commission, any complaint based on the same matter may be suspended or dismissed, to avoid duplication of effort. (Authorized by K.S.A. 44-1004, 44-1034, 44-1121; implementing K.S.A. 44-1004, K.S.A. 2019 Supp. 44-1005, K.S.A. 2019 Supp. 44-1019, K.S.A. 44-1033, K.S.A. 44-1115; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; amended March 12, 2021.)

21-41-11. (Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975; revoked March 12, 2021.)

Ruth Glover
Executive Director

Doc. No. 048879