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Kansas Human Rights Commission K.A.R. 21-41-5 temporary regulation

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Date Added: 7/18/2017
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I.  Summary of Proposed Regulation, Including Its Purpose.

K.A.R. 21-41-5 concerns the manner of filing complaints with the KHRC. The proposed amendment would enable a complainant or attorney to submit a complaint to the Kansas Human Rights Commission by delivery, mail, facsimile, or electronic mail to a commission office.  Without the amendment, the regulation only permits personal delivery to a commission employee and mail to a commission office as methods for submitting a complaint. The amendment also eliminates delivery to any commission employee, specifying instead delivery to an office of the commission.  The amendment’s purpose is to provide better service to the public by permitting electronic methods of submitting complaints; and to reduce the time and expense incurred by complainants and their attorneys.

II. Reason or Reasons the Proposed Regulation Is Required, Including Whether or Not the Regulation Is Mandated by Federal Law.

The amendment will allow those needing to file a complaint the opportunity to do so using electronic technology.  It will also provide those who are not in the geographic vicinity of a commission office an opportunity for same-day filing of a complaint, without having to travel. This regulation is not mandated by federal law; thus it does not exceed federal law requirements.

III. Anticipated Economic Impact upon the Kansas Human Rights Commission.

There is no anticipated cost to the Kansas Human Rights Commission. Minimal economic savings may potentially occur. Under the current regulation, a complaint may be submitted to any employee of the commission at any location or time. If this were to occur when an employee is off duty, the Commission potentially could incur overtime pay or compensatory time off for that employee; which the amendment would prevent.

IV. Anticipated Economic Impact on Those Subject to the Regulation.

This amendment does not impose any cost on those who are subject to the regulation.  Indeed, both time and expense savings are anticipated for complainants and attorneys who file complaints. The amount of the savings is unknown, as it would depend on the number and location of complaint filers from various geographic areas of the state. The commission has offices in Topeka, Wichita and Dodge City.  Complainants and/or attorneys who may be on a tight deadline for filing a complaint must currently send it by overnight courier or travel to deliver it to a commission office.  The travel for same-day filing can take several hours round trip for those situated in northwest or southeast Kansas.

Further, some complaints are submitted for filing without all of the required components; in which case they must be returned to the complainant or attorney for correction and resubmission. This amendment allows complaints to be submitted by electronic mail and facsimile, thus eliminates the extra time, expense, and travel costs that complainants and attorneys otherwise may incur.

The commission already has complaints being submitted by facsimile and electronic mail. Because most courts and many administrative agencies allow such methods for filing documents, people assume the commission also accepts complaints by these methods.  Because of the wording of the existing regulation, they cannot be accepted; causing frustration and delay. The amendment is intended to prevent the unnecessary delay and expense caused by the wording of the existing regulation.

V.  Anticipated Economic Impact on Other Governmental Agencies and upon Private Business or Individuals.

No economic impact is anticipated on other governmental agencies or private businesses or individuals who are not submitting a complaint for filing.

VI. Less Costly or Intrusive Methods That Were Considered, but Rejected, and the Reason for Rejection.

No less costly or intrusive methods were considered; as the Commission believes that the proposed amendment will reduce cost and intrusion.

Kansas Human Rights Commission K.A.R. 21-41-5 temporary

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