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66-1302. Rules and regulations of superintendent of the highway patrol; appeals by aggrieved agencies; hearing and determination by governor. The superintendent of the Kansas highway patrol may adopt rules and regulations to secure proper and efficient enforcement of the laws of the state in relation to motor carriers of passengers and property for hire, not inconsistent with or in derogation of the powers, duties, and responsibilities placed by existing statutes upon the corporation commission. It is declared necessary for the corporation commission, the department of transportation, the department of revenue, and the Kansas highway patrol to cooperate and to coordinate their actions and effort for the proper and efficient enforcement of laws relating to motor carriers of passengers and property for compensation.

If the corporation commission, department of transportation or department of revenue shall feel aggrieved by any order, rule, or regulation adopted by the superintendent of the Kansas highway patrol and shall desire to resist the same, it shall serve, within 30 days after its adoption, written notice upon the superintendent that it appeals from the order, rule or regulation to the governor, and the superintendent shall forthwith certify to the governor the order, rule or regulation so appealed from, and the governor shall fix a time and place for a hearing thereon. The superintendent shall cause all interested parties to be notified of such time and place of such hearing, and at the hearing, all persons interested shall be given opportunity to be fully heard, and the governor shall thereupon decide the appeal, and the decision of the governor shall be final, conclusive and binding.

History: L. 1933, ch. 89, § 2 (Special Session); L. 1972, ch. 342, § 62; L. 1977, ch. 304, § 22; L. 1988, ch. 266, § 6; July 1.

CASE ANNOTATIONS

1. A warrantless search for the purpose of inspecting any records or documents required to be maintained and kept in a truck cab, and to check required safety equipment, is not unreasonable. State v. Williams, 8 Kan. App. 2d 14, 20, 648 P.2d 1156 (1982).

2. Cited; whether rental truck used to move personal belongings is a "motor carrier" examined; "motor carrier" defined. State v. Campbell, 19 Kan. App. 2d 778, 781, 875 P.2d 1010 (1994).


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