Session of 2000
HOUSE BILL No. 2740
By Committee on Business, Commerce and Labor
1-27
9 AN ACT
relating to the professional negotiations act; concerning reme-
10 dies available
thereunder; amending K.S.A. 72-5430a and repealing
11 the existing
section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 72-5430a is hereby amended to read as follows:
72-
15 5430a. (a) Any controversy concerning
prohibited practices may be sub-
16 mitted to the secretary. Proceedings
against the party alleged to have
17 committed a prohibited practice shall be
commenced within six months
18 of the date of the alleged practice by
service upon it the accused party
19 by the secretary of a written notice,
together with a copy of the charges.
20 The accused party shall have 20 days within
which to serve a written
21 answer to the charges, unless the secretary
determines an emergency
22 exists and requires the accused party to
serve a written answer to the
23 charges within 24 hours of receipt.
Hearings on prohibited practices shall
24 be conducted in accordance with the
provisions of the Kansas adminis-
25 trative procedure act. If the
board secretary determines an emergency
26 exists, the board
secretary shall follow the procedures contained in
K.S.A.
27 77-536 and amendments thereto. A strike or
lockout shall be construed
28 to be an emergency.
29 (b) The secretary
shall either dismiss the complaint or determine
that
30 whether a prohibited practice has
been or is being committed, and shall
31 enter a final an
order granting or denying in whole or in part the relief
32 sought, or directing such other remedy
as may be appropriate. Any action
33 of the secretary pursuant to this
subsection is subject to review and en-
34 forcement in accordance with the act for
judicial review and civil enforce-
35 ment of agency actions. Venue of the action
for review is the judicial
36 district where the principal offices of the
pertinent board of education
37 are located.
38 The action for review
shall be by trial de novo with or without a jury
39 in accordance with the provisions of K.S.A.
60-238 and amendments
40 thereto, and the court may, in its
discretion, permit any party or the
41 secretary to submit additional evidence on
any issue. The action for review
42 shall be heard and determined by the court
as expeditiously as possible.
43 (c) If there is
an alleged violation of either subsection (b)(8) or (c)(5)
2
1 of K.S.A. 72-5430 and amendments
thereto, the aggrieved party or the
2 secretary is authorized to seek
relief in district court.
3 Sec. 2. K.S.A. 72-5430a is
hereby repealed.
4 Sec. 3. This act
shall take effect and be in force from and after its
5 publication in the statute book.