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75-3706. Rules and regulations; procedure for adoption and approval. The secretary of administration shall submit to the governor proposed rules and regulations with respect to the manner of performance of any power or duty of the department, the execution of any business of the department and its relations to and business with other state agencies, appeals from the final decisions or final actions of the secretary of administration, and such other matters as are provided by law. Before any such proposed rules and regulations are submitted to the governor, the same shall have received the approval required by K.S.A. 77-420, the attorney general shall have made the finding required by K.S.A. 77-420, and the secretary of administration shall have held the hearing thereon required by K.S.A. 77-421. The governor shall either approve, modify and approve or reject any such proposed rules and regulations. The secretary of administration shall adopt such rules and regulations so approved or so modified and approved.

History: L. 1953, ch. 375, § 6; L. 1972, ch. 332, § 69; L. 1980, ch. 275, § 1; July 1.

CASE ANNOTATIONS

1. Referred to in upholding dismissal of employee under K.A.R. 1-11-2; right to appeal on demotion determined. Goertzen v. State Department of Social & Rehabilitation Services, 218 Kan. 313, 316, 543 P.2d 996.

2. Cited; duty of finance council hereunder not constitutionally permissible; violative of inherent constitutional doctrine of separation of powers; such duty devolves upon governor. State, ex rel., v. Bennett, 219 Kan. 285, 294, 547 P.2d 786.

3. Tort claims act (K.S.A. 75-6101 et seq.) applicable where permanent state employee denied due process hearing following 1971 demotion. Kansas Dept. of SRS v. Goertzen, 245 Kan. 767, 780, 783 P.2d 1300 (1989).


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