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Kansas Department of Agriculture - Division of Weights and Measures - K.A.R. 99-25-5, 99-26-1

Category:
  • Active Regulations
Date Added: 9/25/2017
Public Hearing Date and Time: Wednesday, November 29, 2017, at 10:00 a.m.
Public Hearing Location: Kansas Department of Agriculture, Room 124, 1320 Research Park Dr., Manhattan

K.A.R. 99-25-5 - The amendment is intended to increase the fee to cover the expenses incurred by the Kansas Department of Agriculture for providing continuing education seminars to technical representatives.  Currently the fee charged for continuing education seminars provided by the Department is $20. Such fee does not cover the expenses incurred by the Department in providing the continuing education seminars.  Beginning in fiscal year 2015, the Department entered a contract with a community college to provide continuing education seminars on behalf of the Department.  The amendment sets the continuing education seminar fees at amounts necessary to cover the expenses incurred in providing the continuing education seminars as follows:

(i) $82 for each continuing education seminar required for licensure year, July 1, 2018 to June 30, 2019; and

(ii) $85 for each continuing education seminar required for licensure year, July 1, 2019 through June 30, 2020; and

(iii) $100 for each continuing education seminar required for licensure year beginning on or after July 1, 2020.

The amendment also eliminates the annual expiration of technical representative licenses and permits the Department to issue both annual and three-year licenses as specified in K.S.A. 83-302(c)(2).  The licenses issued to technical representatives show the year of expiration and all licenses expire on June 30 irregardless of what year they expire.

K.A.R. 99-26-1 - The amendment eliminates the hourly rate for services performed by the Kansas Department of Agriculture at the Kansas Metrology Laboratory due to the fee schedule specified in K.S.A. 83-214.

K.S.A. 83-214 identifies various devices the Department can test and prove. The amendment modifies the list of devices the Department can test and prove to reflect those devices specified in K.S.A. 83-214.  The amendment clarifies that the Department may charge $50 per hour for testing and proving of weights, measures, balances and other measuring devices when services are provided at the device’s location.

The amendment increases the hourly rate the Department may charge when conducting National Type Evaluation Program (NTEP) evaluations.  The amendment increases the rate from $95 to a rate not to exceed $200 per hour or fraction thereof as necessary to cover the expenses incurred by the Department in providing these services.  Currently, Kansas is one of seven states recognized as a NTEP laboratory and approved to perform NTEP evaluations.  NTEP evaluations are only performed for new or modified models of weighing and measuring devices when a manufacturer requests such models be evaluated and approved for legal weights and measures use.  A majority of the NTEP evaluations will be conducted outside of Kansas and the Department does not want the cost of such work to be subsidized by the state of Kansas with the use of State General Fund dollars.

KDOA_KAR_99-25-5_99-26-1

Any individual with a disability may request the regulations and supporting documents in an accessible format. Requests for accommodations should be made at least five working days in advance of the CRRB meeting by contacting (785) 271-3200 or crrb@ks.gov.