Kan. Admin. Regs. Agency 97 — Kansas Office of Veterans Services

Article 1 Soldiers' Home; Membership

Kan. Admin. Regs. § 97-1-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-1-1a Definitions

As used in these regulations, the following terms shall have the meanings specified in this regulation: (a) "Applicant" means a person who has submitted to the Kansas commission on veterans' affairs a completed application packet and military discharge papers.

(b) "Commission" means the body of commissioners appointed by the governor to oversee the Kansas commission on veterans' affairs (KCVA).

(c) "Discharge" means the permanent removal by the commission of a member from a KCVA home.

(d) "Executive director" means the person who serves as executive director of the KCVA.

(e) "Furlough" means the temporary eviction of a member by the respective superintendent or designee, for any infraction of these regulations.

(f) "KSH" means Kansas soldiers' home at Fort Dodge, Kansas.

(g) "KVH" means Kansas veterans' home in Winfield, Kansas.

(h) "Licensed medical authority" means a person who is authorized by law to diagnose mental diseases or disorders.

(i) "Pass" means a superintendent's prior written permission for the voluntary, temporary absence of the veteran or nonveteran member from the home for a period in excess of 23 hours, as specified in K.A.R. 97-3-3a. An approved pass shall not affect the eligibility status of the member.

(j) "Release" means a voluntary separation granted by a superintendent upon request of a veteran or nonveteran member. The member leaves the home in good standing, and this departure does not affect the member's standing or subsequent KCVA or United States department of veterans affairs benefits.

(k) "Residence hall" means a domiciliary, including cottages, or long-term health care facility.

(l) "State" means the state of Kansas.

(m) "Superintendent" means the person appointed by the KCVA as superintendent for the KSH or KVH.

(n) "USDVA" means United States department of veterans affairs.

(o) "Weapon" means any of the following:

(1) Bludgeon, sand club, metal knuckles, throwing star, dagger, dirk, billy, or blackjack;

(2) any firearm; or

(3) (A) Any knife that is more than four inches long or opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife; or

(B) any knife having a blade that opens, falls, or is ejected into position by the force of gravity or by outward, downward, or centrifugal thrust or movement.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 76-1904, 76-1927, 76-1951, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-1-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-1-2a Administrative oversight

These regulations shall apply to the Kansas soldiers' home and the Kansas veterans' home, which are administered by the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904, 76-1927, 76-1951, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-1-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended Jan. 1, 1969; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-1-3a Eligibility

(a) General. Eligibility for admission shall be based upon K.S.A. 76-1908 and K.S.A. 76-1954, and amendments thereto.

(b) Mental illness, legal incompetence, alcohol abuse, and drug abuse.

(1) Mental illness. No person who has been diagnosed by a licensed medical authority as being mentally ill shall be admitted to the KSH or KVH unless the illness is managed by medication prescribed by a licensed medical authority and that medical authority certifies both of the following:

(A) With the prescribed medication, the individual will not be a threat to that person, any other person, or the property of others.

(B) The individual can be cared for and medicated by KSH or KVH staff with medication that is reasonably available through the KSH or KVH.

(2) Legal incompetence. No person who meets any of the following conditions and has not been restored to competency by the court pursuant to the applicable act shall be admitted unless the person's guardian or conservator, or both, or curator is available to make the legal, financial, and medical decisions on behalf of the person:

(A) Has been adjudged in need of a guardian or conservator, or both, by a court in this state pursuant to the act for obtaining a guardian or a conservator, or both, K.S.A. 59-3050 et seq. and amendments thereto;

(B) has been adjudged in need of a curator pursuant to the curators for veterans act, K.S.A. 73-501 et seq. and amendments thereto; or

(C) has been adjudged by a court of competent jurisdiction in another state or the District of Columbia pursuant to an act similar to either of the acts specified in paragraphs (b)(2)(A) and (B).

(3) "Abuse" shall mean a person's lack of self-control in the use or ingestion of alcohol or drugs or a person's use or ingestion of alcohol or drugs to the extent that the person's health is substantially impaired or endangered or the person's social or economic functioning is substantially disrupted.

(4) Alcohol abuse. No person who is abusing alcohol and not participating in a program conducted, managed, or operated by an alcohol treatment facility licensed under the alcoholism and intoxication treatment act, K.S.A. 65-4001 et seq. and amendments thereto, shall be admitted to the KSH or KVH. A member who abuses alcohol may be furloughed and may be considered for discharge by the commission.

(5) Drug abuse. No person who is abusing drugs and not participating in a program conducted, managed, or operated by a drug treatment facility licensed under the drug abuse treatment facilities act, K.S.A. 65-4601 et seq. and amendments thereto, shall be admitted to the KSH or KVH unless the abuse is the result of the use of a legally prescribed medication. A member who abuses drugs, prescription or illegal, may be furloughed and may be considered for discharge by the commission.

(6) Removal from the KSH or KVH. Any member who becomes mentally ill or legally incompetent or who becomes addicted to or abuses alcohol or drugs as specified in this regulation may be subject to furlough or discharge.

(c) Children. Only minor children shall be eligible for admission to the KSH and the KVH. No minor child shall be eligible for admission unless accompanied by a member parent or member guardian. No child who is 16 years of age or older shall be admitted to or reside in the KSH or KVH unless the child is incapable of self-support and the superintendent makes such a declaration. Determination of eligibility of dependent children shall be in accordance with federal laws and USDVA regulations applicable to state veterans' homes.

(d) Dependents. No person shall be admitted as the spouse of the applicant unless the marriage is valid under the laws of the state of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904, 76-1908, 76-1928, 76-1931, 76-1951, 76-1954, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-1-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-1-4a Application for membership

(a) Processing and approval. No application for membership shall be considered until the person has submitted a complete application packet on forms furnished by the KSH or KVH.

(1) Application packets may be obtained at and returned to any KCVA field office or service organizational office. The application packet shall be submitted by the office to the superintendent at the KSH or KVH, as applicable, for review of completeness. If the application packet is not complete, the application packet shall be returned to the applicant, with an indication of the portions that are incomplete. Upon determination of completeness, the superintendent shall forward the application packet to the executive director.

(2) Except for applications submitted by individuals with felony convictions, each complete application shall be required to be approved by the executive director before the applicant may be admitted to the KSH or KVH.

(3) For each applicant with a felony conviction, that applicant's completed application shall be evaluated by the commission regarding the rehabilitation of the applicant and current degree of dangerousness to the applicant, other persons, and the property of others before the applicant may be admitted to the KSH or KVH.

(4) Each spouse or dependent who desires membership in the KSH or KVH shall complete the appropriate forms in the application packet.

(5) Each applicant shall include a certification of inability to provide self-support without additional aid.

(b) Investigation of applicants. The information on each application shall be verified by a staff member, as directed by the superintendent.

(c) False applications; procedure. An applicant may be denied admission or a member may be discharged if the commission ascertains that the applicant or member has committed either of the following:

(1) Has misrepresented the age of a minor child. The veteran or veteran's spouse, or both, shall be responsible for ensuring the accuracy of the information in the application of a minor child; or

(2) has misrepresented any other material matter for the purpose of obtaining admission, continuing membership, or obtaining any other benefits of either home.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1908 and 76-1954; effective May 1, 2009.)

Kan. Admin. Regs. § 97-1-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-1-5a Priority for admission

(a) Priority criteria. Admission shall be granted pursuant to K.S.A. 76-1908(g) and K.S.A. 76-1954(g)(1), and amendments thereto.

(1) The first priority for admission shall be given to veterans who have no adequate means of support. Within this group, priority shall be based on the severity of medical care required and the ability to pay for health care.

(2) The second priority for admission shall be given to a veteran's spouse or surviving spouse, parents, or children who have no adequate means of support, with priority based on the criteria specified in paragraph (a)(1) of this regulation.

(3) The third priority shall be given to veterans who have a means of support.

(4) The fourth priority shall be given to a veteran's spouse or surviving spouse, parents, or children who have a means of support.

(b) Residence halls. The superintendent of the KSH or KVH shall consult with that person's medical staff to assist in the prioritization of members.

(c) Cottages.

(1) Cottages, which are located only at the KSH, shall be available to eligible members, including those in need of domiciliary care.

(A) If domiciliary care is needed, the veteran member shall show that the care will be provided by that member's spouse, parent, or child. If a family member can not provide domiciliary care, the KSH superintendent shall be so notified, and the veteran member shall be directed to undergo a medical evaluation to determine whether that person can reside alone.

(B) If the KSH superintendent suspects that an applicant or a veteran member needs domiciliary care, the superintendent may direct that applicant or veteran member to undergo a medical evaluation to determine whether that person can reside alone.

(C) If the medical staff determines that the veteran member needs domiciliary care and resides alone, the KSH superintendent may direct that the veteran member be placed in the domiciliary unit for care until a permanent arrangement is made.

(2) No cottage shall be initially assigned to the spouse, parent, or child of a deceased veteran member. If the veteran member dies, the surviving spouse, parent, or child shall have 180 days to vacate the premises. Before the end of the 180-day period, any surviving nonveteran spouse may move to a domiciliary unit or a one-bedroom cottage, if available, at the rental rate established for nonveterans. If a one-bedroom cottage is not available, the superintendent may allow the nonveteran spouse to remain by exception in the two-bedroom cottage past the 180-day period, contingent upon pending admissions.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1908 and 76-1954; effective May 1, 2009.)

Kan. Admin. Regs. § 97-1-6a Approval or denial of application, notification to applicant, and right of reconsideration; right of hearing; final decision

(a) Approval of application. If an applicant qualifies for admission, the application shall be approved if there is space available in the KSH or KVH or shall be conditionally approved until space is available. Each applicant shall be notified in writing by the appropriate superintendent or by the executive director, whether the application is approved or denied.

(b) Denial of application.

(1) If an applicant is denied admission, written notification shall be sent to the last known address of the applicant by the appropriate superintendent, the executive director, or the commission. The notification shall state the reason or reasons for the denial.

(2) Within 30 days of the date of the decision, the applicant may file at the office of the executive director a written request for reconsideration by the commission. The request shall state the reasons supporting approval of the application. If no timely request is filed, the notification of denial shall become the final decision.

(3) Unless waived by the applicant, a hearing shall be set upon receipt of a request for reconsideration. The hearing shall be scheduled at the earliest available commission docket. The applicant shall be notified by the executive director of the date, time, and place of the hearing. The notice shall be mailed to the last known address of the applicant at least 10 days before the hearing.

(4) At the hearing, notice may be taken by the commission of its administrative records and files, and any other relevant evidence and arguments offered by the applicant, employees of the KCVA, or other interested persons may be heard by the commission. The applicant may appear in person, through telephone, by an attorney, or any combination of these.

(5) If the applicant fails to attend the hearing, the commission's decision may be made based upon the KCVA's records, files, and any other evidence that was presented at the hearing. The commission's decision shall be determined by a majority vote. A written decision shall be filed by the commission with the executive director, setting forth the facts and reasons for the commission's decision. Within 30 days after the hearing, a copy of the decision shall be sent by the executive director to the applicant at the applicant's last known address. The filed decision shall be considered the final agency action.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1908 and 76-1954; effective May 1, 2009.)

Article 2 Rules Governing Members

Kan. Admin. Regs. § 97-2-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

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History

• History: (Authorized by and implementing K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1980; amended May 1, 1984; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-1a Charges

Charges to each member shall be based on the member's ability to pay and shall not exceed the applicable KSH or KVH per diem cost of care for the prior year or the charges made to patients pursuant to K.S.A. 59-2006 and amendments thereto, whichever is less. Each member shall notify the superintendent, within five business days, of any increase or decrease in income or assets. The business manager shall submit an annual accounting to the superintendent, or designee, of each member's resources to determine the member's appropriate charges.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904a and 76-1952; effective May 1, 2009.)

Kan. Admin. Regs. § 97-2-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1932; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-2a Comfort money

Comfort money shall mean a protected amount of each member's income that is not used in determining the member's charges and is held for the member's use, benefit, and burial. The amount of comfort money shall be annually determined by the commission at its November meeting and shall become effective on February 1 of the following year. Each member shall be given written notice by that member's superintendent, within 45 days after the commission's November meeting, of the amount of comfort money authorized by the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904a, 76-1935, 76-1952, and 76-1956; effective May 1, 2009.)

Kan. Admin. Regs. § 97-2-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927; effective Jan. 1, 1966; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1980; amended May 1, 1984; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1906, 76-1927; effective Jan. 1, 1966; amended Jan. 1, 1969; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-2-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1980; amended May 1, 1984; revoked May 1, 2009.)

Article 3 Discharges; Termination of Membership

Kan. Admin. Regs. § 97-3-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

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History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-1a Personal conduct; guests

(a) Personal conduct. The following actions by any member or any member's guest while at the KSH or KVH shall be prohibited:

(1) Violating any state statute, state regulation, or lawful order of any superintendent or designee of the superintendent;

(2) brandishing a weapon;

(3) cursing, swearing, quarreling, or using violent, profane, vulgar, or threatening language or conduct that tends to arouse alarm or anger, disturbs others, or provokes an assault or other breach of the peace;

(4) intentionally or willfully damaging or destroying any property of another person or entity, the KSH or KVH, or the state;

(5) being under the influence of alcohol or illegal drugs, or both; and

(6) engaging in any activity or behavior not otherwise specified in this subsection that interferes with the orderly conduct of the KSH or KVH.

(b) Guests. Each member shall be responsible for informing that member's guest of the personal conduct prohibited by this regulation. No member of the KSH or KVH shall house any person as an overnight guest without the prior approval of the superintendent.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904, 76-1927, 76-1951, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-3-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1908; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-2a Pets and service or therapeutic animals; hunting prohibition

(a) No animals may be kept on the premises of the KSH or KVH by members, guests, or employees, except as specified in this regulation.

(b) As used in this regulation, "pet" shall mean a domesticated cat weighing 25 pounds or less or a domesticated dog weighing 80 pounds or less.

(c)(1) Horses may be kept on the grounds at the KSH or KVH as designated by prior written authorization from the superintendent.

(2) Any guest may have a pet on the premises of the KSH or KVH, for not more than a six-hour period between 7 a.m. and 10 p.m.

(3) Each pet at the KSH or KVH shall meet the following requirements:

(A) Have current vaccinations;

(B) be restrained with a leash and wear a collar with a tag identifying its owner while in public or open areas of the KSH or KVH;

(C) be properly maintained;

(D) not become a nuisance or threat to staff, members, or guests; and

(E) not interfere with the normal conduct and operation of the KSH or KVH.

(d)(1) Only an employee or member living in a cottage at the KSH may be allowed to maintain more than one pet if the requirements in paragraph (c)(3) are met and prior approval for each pet has been given by the superintendent.

(2) Each employee or member living in a cottage at the KSH who utilizes a service or therapeutic animal shall notify the superintendent that the animal is maintained at that employee's or member's cottage.

(e) Only service and therapeutic animals shall be allowed to be maintained by employees or members living in residential halls other than the cottages at the KSH and KVH.

(f) Hunting shall not be allowed on the premises of the KSH or KVH.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904, 76-1927, 76-1951, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-3-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-3a Passes

(a) Absences.

(1) Twenty-three hours or less. Each member who desires to be absent from the KSH or KVH for 23 hours or less shall obtain the prior written approval of the superintendent or the superintendent's designee.

(2) More than 23 hours. Each member shall be required to obtain a pass from the superintendent for any absence longer than 23 hours. No pass shall exceed a total of three months in any 12-month period.

(3) Absences by members residing in cottages at the KSH. Each cottage member who is absent for more than 30 days with a pass shall pay an additional rent payment at the rate prescribed in K.A.R. 97-1-1a.

(4) Extensions. Any pass may be extended once by the superintendent for not more than 30 days.

(5) Early return. Each member who is absent with a pass or pass extension and who wants to return before the expiration of the pass or pass extension shall notify the superintendent at least 10 days before the date on which the member desires to return to the KSH or KVH.

(b) Medical pass. A veteran member shall request that the superintendent issue a medical pass for the purpose of being hospitalized or domiciled in a USDVA medical center. During the period that the veteran member is absent with a medical pass, the status of the veteran member's dependents shall remain unchanged. The veteran member shall be readmitted by the superintendent under the same terms and conditions as those under which the veteran member was originally admitted.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1904, 76-1927, 76-1951, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-3-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1929; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1929; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 76-1927; effective Jan. 1, 1966; amended May 1, 1984; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1929; effective Jan. 1, 1966; amended May 1, 1980; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1929; effective Jan. 1, 1966; revoked May 1, 2009.)

Kan. Admin. Regs. § 97-3-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927; effective Jan. 1, 1966; revoked May 1, 2009.)

Article 4 Veteran Memorial Donations to the Kansas Commission on Veterans' Affairs for the Construction and Maintenance of Capital Improvement Projects

Kan. Admin. Regs. § 97-4-1 Definitions

As used in this article, unless the context clearly requires otherwise, the following terms shall have the meanings ascribed to them in this regulation: (a) "Advisory committee" means an advisory committee formed pursuant to K.A.R. 97-4-7.

(b)(1) "Capital improvement project" means any type of enhancement made pursuant to K.S.A. 73-1233, and amendments thereto. As used in this term, "improvement" shall mean any of the following:

(A) Construction or reconstruction;

(B) maintenance;

(C) restoration or renewal;

(D) replacement or repair;

(E) installing any equipment that becomes a part of any memorial for veterans;

(F) extending the size of any existing facility as a memorial for veterans; or

(G) any other type of work that provides a new facility or improves an existing facility.

This term shall include the reimprovement of a prior capital improvement project.

(2) This term shall not include any of the following:

(A) Any project with a total cost of less than $5,000;

(B) any temporary structure;

(C) any improvement to a temporary structure; or

(D) any moveable memorial.

(c) "Commission" and "KCVA" mean the Kansas commission on veterans' affairs.

(d) "Director" means the executive director of the Kansas commission on veterans' affairs.

(e) "Project representative" means any of the following:

(1) A donor;

(2) any person who represents one or more donors; or

(3) any person retaining an advisory role on behalf of donors in the ongoing operation of a fund.

(f) "Suitable memorial" means a memorial for veterans that meets community standards and the program standards of the Kansas commission on veterans' affairs in K.A.R. 97-4-2.

(g) "Undesignated donations" means donations of less than $5,000 for capital improvement projects but not for a specific memorial for veterans. The commission shall have the authority to accept undesignated donations and assign funds to existing memorials or projects.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-1a Disciplinary actions; discharge

(a) Complaints. Any person may make a verbal or written complaint to the superintendent alleging a violation of any statute or regulation.

(b) Investigation. Upon receipt of a complaint, the superintendent shall conduct an investigation. If the investigation reveals reasonable grounds to believe that a member has violated a statute or regulation, no warning has been given for prior offenses in the past 12 months, and the current offense did not cause property damage or bodily injury, the superintendent may advise the member of the violation and warn the member that if the conduct or activity does not cease, proceedings will be commenced to discharge the member. As an alternative, a report by the superintendent may be sent to the KCVA detailing the investigation of the complaint, identifying the regulation that was violated, and recommending discharge of the member.

(c) Notice. Upon recommendation that a member be discharged, a hearing shall be scheduled at the earliest available commission docket. The member shall be notified by the executive director of the factual allegations of the complaint, the applicable statute or regulation, and the date, time, and place of the hearing. The notice shall be mailed to the last known address of the member at least 10 days before the hearing.

(d) Proceedings. At the hearing, notice may be taken by the commission of its administrative files and records, and any other relevant evidence and arguments offered by the member, staff, employees of KCVA, or any other interested persons may be heard by the commission. The member may appear in person, through telephone, by an attorney, or any combination of these. If the member fails to attend, the decision may be made by the commission based upon its files and records and any other evidence that was presented at the hearing.

(e) Final decision. A written decision shall be filed by the commission with the executive director. The written decision shall set forth the facts and reasons for the commission's decision. A copy of the decision shall be sent by the executive director to the member at the member's last known address. The filed decision shall be considered the final agency action.

(f) Vacating premises. If the decision is adverse to the member, the member shall vacate the residence or cottage within 30 days of the date on which a copy of the commission's decision was sent to the member. The member may ask the superintendent for an additional 14 days due to unusual and extenuating circumstances. As used in this subsection, "unusual and extenuating circumstances" shall mean any condition that is caused by an unexpected event that is beyond the member's control and that is sufficiently extreme in nature to result in the inability or inadvisability to vacate the premises by the deadline specified.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 76-1927 and 76-1955; implementing K.S.A. 76-1928, 76-1931, 76-1932, and 76-1955; effective May 1, 2009.)

Kan. Admin. Regs. § 97-4-2 Criteria for memorials for veterans

Each proposal for a capital improvement project shall specify a project representative, who shall consult with the director concerning the KCVA's specific needs for memorials for veterans. Each memorial shall meet the following requirements: (a) Each memorial shall be nondiscriminatory and nonpartisan.

(b) Each memorial shall be consistent with the architectural and historic plans and specifications of any existing facility at that location. No memorial shall be placed at the entrance to any facility.

(c) Each memorial shall be presented or displayed, or both, in accordance with these regulations.

(d) Each memorial shall be in keeping with the architectural theme of any existing facility at that location.

(e) No memorial shall interfere with the future expansion plans for any facility.

(f) Each design plan for a memorial shall designate the appropriate location, style, and size of the commemorative plaques that recognize donors. If the advisory committee determines that outside plaques are not appropriate, donations shall be recognized in a memorial book or on a memorial plaque located in the administrative building designed to recognize donors appropriately.

(g) Each memorial shall enhance awareness of veterans' sacrifices in the design. No memorial shall add any unfunded expense in upkeep of the memorial.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-3 Financing

(a) The cost of each capital improvement project shall be totally financed with private monies. Each proposal for a capital improvement project shall include the costs of the following in the cost estimate:

(1) The preparation of preliminary reports;

(2) the preparation of plans and specifications;

(3) the preparation and publication of notices of hearings, resolutions, ordinances, and other proceedings;

(4) necessary fees and expenses for consultants and any interest accrued on borrowed money during the period of construction;

(5) land, materials, labor, and other lawful expenses incurred in planning and completing any improvement; and

(6) ongoing maintenance and support.

(b) (1) Each advisory committee shall ensure that all funds raised for the construction of the capital improvement project, including funds necessary for ongoing maintenance, are deposited into the Kansas veterans memorial fund of the state treasury before the acceptance of bids or the start of construction.

(2) If, at any time before the start of construction, the commission determines that funds will not be available to complete the project, all funds shall be returned by the commission to their respective donors.

(3) Memorial funds shall not be used by the commission for any purpose other than the planning, administrative work, construction, and maintenance of the memorial for veterans designated by the donor. The final expense report shall be submitted by the director to the commission and to the advisory committee within 60 days of project completion.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-4 Proposals; use of names and references

(a) Each project representative shall submit five copies of the proposal for a memorial for veterans to the director at least 10 days before the next scheduled commission meeting. The project representative shall be required to attend the commission meeting and to fully explain the proposal, including the location, purpose, cost estimate, design plans, and short-term and long-term funding sources. Each proposal accepted by the commission shall be assigned to an advisory committee for full review and development.

(b) Pursuant to K.S.A. 73-1233(d)(3) and amendments thereto, the project representative shall submit the form specified and provided by the KCVA to the director along with a written request before using any of the names and references specified in this statute.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-5 Fund-raising materials for proposed memorials

All fund-raising materials for a proposed memorial shall be reviewed by the commission and shall include the following information:

(a) The estimated cost of the project;

(b) the percentage of funds raised that can be used for administrative expenses;

(c) the date on which the project will be started; and

(d) the following statement: "If the project is not completed, all funds shall be returned to donors by the project representative, who shall make full restitution to donors less the administrative cost of returning the funds. This administrative cost of returning the funds shall not exceed the administrative cost outlined above."

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-6 Financial reporting

(a) Each project representative shall, within 30 days after each of the quarters ending in March, June, September, and December of each year beginning when the project is approved and continuing until a project completion certificate is signed, submit to the commission a statement showing the total amount received into each fund for the approved project and the total amount expended from each fund for overhead, specifying all program expenses, administration expenses, and fund-raising expenses. Each quarterly statement for a project shall also include line items for key personnel salaries, expenses charged against the project, and the cash balances of each fund at the beginning and close of each quarter.

(b) Each quarterly statement shall become part of the official KCVA meeting minutes.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-7 Procedures for appointment of the advisory committee; dissolution of the advisory committee

(a) When a project is accepted by the commission, an advisory committee shall be appointed by the commission during a scheduled commission meeting, to further develop and refine the project.

(b) The scope and cost of each capital improvement project shall dictate the size of the advisory committee. Each advisory committee shall consist of at least the following:

(1) One or more state legislators representing the area where the memorial for veterans will be located;

(2) the commissioner representing the area where the memorial for veterans will be located;

(3) the director or the superintendent responsible for the property where the memorial for veterans will be located; and

(4) the project representative.

(c) The advisory committee shall remain active until the project is completed and the final report is submitted to the commission. The advisory committee shall be dissolved within 30 days after the final report has been accepted by the commission.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 97-4-8 Procedures following advisory committee submission of a final project plan

Within 30 days of the director's receipt of a final project plan from an advisory committee, the following shall be submitted by the director to the secretary of administration for review: (a) The minutes from the commission meeting showing the commission's discussion and approval of the proposal;

(b) three copies of the proposal, including funding sources for the memorial, a financing budget for ongoing maintenance that includes the source of funds for maintaining the memorial, and the design plan and specifications. The design plan and specifications shall be required to be approved by the secretary of administration before submission to the joint committee on state building construction;

(c) the names of the advisory committee members; and

(d) a cover letter indicating the commission's approval of the project and a statement of assurance that the memorial meets the requirements of the KCVA.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2005 Supp. 73-1233; effective Nov. 27, 2006.)

Article 5 Financial Benefits to Dependents of Prisoners of War, Persons Missing in Action, or Who Died as a Result of Injuries Suffered in the Line of Duty

Kan. Admin. Regs. § 97-5-1 Application for benefits

Persons interested in applying for benefits provided by this chapter shall initiate a formal application to the executive director, Kansas veterans' commission, 701 Jackson Street, Topeka, Kansas 66603. The application must be complete and documented to establish legal relationship between applicant and parent, formal military evidence to establish prisoner of war, missing in action, or line of duty death during Viet Nam conflict while serving in the U.S. armed forces in the geographical area of the Viet Nam conflict of applicants parents', the name and address of the school, the anticipated date of enrollment, and evidence that the school has agreed to accept the applicant as a student.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 73-1216, K.S.A. 1976 Supp. 73-1217, 73-1218; effective, E-72-19, July 17, 1972; effective Jan. 1, 1973; amended Feb. 15, 1977.)

Kan. Admin. Regs. § 97-5-2 Determinations of eligibility

Determinations as to eligibility based on parents' residency at the time of entry into military service will be made by the Kansas veterans' commission based on all evidence available at the time of application. Determinations of prisoner of war, missing in action, or line of duty death, or injury causing death while serving in the U.S. armed forces in the geographical area of the Viet Nam conflict, will be made by the Kansas veterans' commission based on all available evidence at the time of application.

Determinations of semester equivalency will be made by the Kansas veterans' commission based on all facts obtainable where an eligible dependent enrolls in any course not on a semester basis.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 73-1216, K.S.A. 1976 Supp. 73-1217, 73-1218; effective, E-72-19, July 17, 1972; effective Jan. 1, 1973; amended Feb. 15, 1977.)

Article 6 Veterans Claims Assistance Program and the Service Grant Program

Kan. Admin. Regs. § 97-6-1 Definitions

As used in this article, unless the context clearly requires otherwise, the following terms shall have the meanings specified in this regulation: (a) "Accrediting" means certifying either of the following to act as an agent in or to have a power of attorney for the preparation, presentation, or prosecution of any claim under laws administered by the secretary of the United States department of veterans affairs (USDVA):

(1) Any individual who represents a congressionally chartered veterans service organization recognized by the secretary of the United States department of veterans affairs (USDVA); or

(2) any veterans service representative employed by the Kansas commission on veterans' affairs, which is recognized by the secretary of the United States department of veterans affairs (USDVA).

(b) "Claim" means any veterans claims management activity.

(c) "Claims program officer" means the employee of a VSO participating in the service grant program who is the primary point of contact for KCVA quality assurance staff and KCVA field office staff in veterans claims assistance matters.

(d) "Commission" and "KCVA" mean the Kansas commission on veterans' affairs.

(e) "Cross-accredit" means to accredit based on the status of a veterans service representative as an accredited and functioning veterans service representative of another veterans service organization.

(f) "Director" means the director of the veterans claims assistance program.

(g) "Executive director" means the executive director of the Kansas commission on veterans' affairs.

(h) "In-kind contribution" means any noncash input that can be given a cash value.

(i) "Interested party" means any of the following if authorized under applicable law to act or to receive information on behalf of a veteran or the veteran's spouse, dependents, or survivors:

(1) An individual;

(2) a judicial or other type of body; or

(3) a legally authorized representative.

(j) "Monetary support" means an in-kind contribution, a service, or cash.

(k) "One-stop service center" means a location where service grant program participants provide services to veterans and their spouses, dependents, and survivors, using a client-centered, one-stop approach that meets conditions that include the following:

(1) Individual needs are identified, and the best way to provide assistance is determined, internally or through the coordination of departmental and community resources.

(2) An advocacy partnership is established between the client, veterans service organization, and the KCVA to insure maximum participation in all aspects of case-planning decisions.

(3) The staff members work with veterans service organizations to meet the widest array of client needs and to determine each client's eligibility for departmental services and benefits.

(4) The uniform delivery of services and the improvement of benefits are paramount.

(l) "Power of attorney" and "POA" mean a legal document granting a veterans service organization (VSO) and the service officers accredited by that VSO the legal capacity to represent a veteran in matters with the USDVA.

(m) "State headquarters" means the permanent location within Kansas that serves as the administrative center of a chartered service organization.

(n) "USDVA" means the United States department of veterans affairs.

(o) "VARO" means United States department of veterans affairs regional office in Wichita, Kansas.

(p) "Veterans service organization" and "VSO" mean an organization whose representatives provide veterans and their spouses, dependents, and survivors with information, advice, and assistance regarding the availability and acquisition of veterans' benefits under laws administered by the USDVA and other agencies. The VSO also assists in the preparation of claims and represents the veterans and their spouses, dependents, and survivors during the appeals process, if this action is necessary. A VSO is a congressionally chartered veterans service organization recognized or approved by the secretary of the USDVA for purposes of preparation, presentation, and prosecution of claims under laws administered by the USDVA. Synonyms for this term shall include "chartered service organization" and "participating veterans' organization."

(q) "Veterans service representative" and "VSR" mean a person who assists veterans in obtaining information, including military service history and medical records, necessary to obtain benefits from the USDVA. Synonyms for this term shall include "service representative," "veterans service officer," "service officer," "SO," "veterans service advocacy officer," and "veterans claims consultant."

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-2 Intent to participate; review

(a) The KCVA forms necessary to establish intent to participate in the service grant program shall be sent by the KCVA, on or before July 10 each year, to each VSO located in the VARO. Each VSO wanting to participate in the service grant program shall submit its signed intent to participate forms on or before August 1 that year.

(b) The veterans claims assistance advisory board shall review each VSO's submitted forms to determine that VSO's eligibility pursuant to L. 2006, ch. 153 and amendments thereto. The board's chairperson shall use the forms to develop the budget for the service grant program for the upcoming budget year. Upon approval of grant fund appropriations, the veterans claims assistance advisory board shall review the budget of each approved VSO. The veterans claims assistance advisory board shall recommend to the commission the distribution of grant funds based on the number of eligible recipients, the state appropriations, and each approved VSO's budget, workload, and staffing.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-4 VSO services, staff, training, and other support

To retain accreditation, each VSR shall be required to be certified each year by the KCVA. To receive KCVA certification, each VSR shall attend annual training and successfully complete a written examination on all parties' duties and responsibilities and on the types of assistance available to each veteran and the veteran's spouse, dependents, and survivors. (a) All VSOs participating in the service grant program, in coordination with the director, shall develop an annual training program. Each KCVA VSR shall be required to attend annual training. Each VSR whose employer is participating in the service grant program shall attend training required by the VSOs participating in the service grant program or the annual KCVA training to retain accreditation by the VSO or KCVA, or both. This training shall include the following:

(1) Accreditation training for each individual who has been a VSR for less than 18 months, which shall include the following:

(A) An introduction to veteran advocacy designed to teach the basics of service-connected compensation, pensions, death benefits, and other USDVA programs;

(B) information about each of the USDVA programs;

(C) the necessary forms to be completed;

(D) subject matter relating to the development and submission of claims for pensions, compensation, and other veterans' entitlements; and

(E) any other subject matter determined by the veterans claims advisory board as necessary for an individual who wishes to become an accredited representative as outlined in 38 U.S.C. 5902 and for any other individual wishing to improve that individual's knowledge of the USDVA claims process;

(2) continuing education training for each individual who has been a VSR for at least 18 months or has completed the accreditation training. This continuing education shall include the following:

(A) A review of the accreditation training;

(B) claims adjudication;

(C) the appellate process and development of complicated claims; and

(D) any other subject matter determined by the veterans claims advisory board to meet the requirements of continuing education to maintain accreditation; and

(3) the training, responsibility, involvement, and preparation of claims training program (TRIP), which is a course of study devised by the USDVA to certify all accredited representatives in USDVA claims procedures.

(b) Each VSO participating in the service grant program shall require each VSR employed by the VSO to attend training provided by the employing VSO or the KCVA annual training, or both. Each VSO cross-accrediting VSRs shall honor the training provided by the hiring VSO.

(c) Each KCVA claims review staff member located in the VARO shall be accredited as a veterans service representative and shall attend annual training provided by the KCVA or training provided by a VSO participating in the service grant program, or both. The expenses associated with the training provided to KCVA staff by VSOs shall be paid for by the KCVA.

(d) Each VSO shall ensure that each accredited veterans service representative within the organization has read and understands 38 CFR Part 14 as in effect on March 21, 2007, which is adopted by reference.

(e) Each VSO shall designate, in writing, one staff member of the VSO's state service director's office in the VARO to perform duties and functions as the VSO's claims program officer.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 2006 Supp. 73-1234; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-5 Claims processing requirements

Each VSO shall perform the following in processing each initial claim: (a) Receiving the claim form, which a veteran can submit to the veterans claims assistance program staff in person, through a KCVA field office, or through the mail;

(b) date-stamping the claim upon receipt;

(c) establishing the claim by entering basic information about the veteran and the claim into a computer system and setting up a claim file folder;

(d) checking the claim to ensure that all information needed as part of a claim for USDVA benefits is included and that all forms are completed as required;

(e) developing the claim by reviewing the claim file folder for military service and medical information, requesting and obtaining any missing information, and reviewing all pertinent information to determine eligibility;

(f) completing any additional claim improvement actions, as necessary; and

(g) submitting the claim to the VARO for processing.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-6 Grant agreement requirements

The director shall ensure that each grant agreement developed for the service grant program meets the following requirements: (a) Incorporates or includes, as an attachment, the standard contractual terms and conditions prescribed by the secretary of administration;

(b) identifies the parties participating in the grant agreement;

(c) identifies the scope of activities that the VSO is required to perform or to assist in the performance of;

(d) outlines the permitted and required uses and types of disclosure of protected health information;

(e) identifies the claims program officer;

(f) provides for authority for veterans claims assistance staff to audit service grant program participants' records;

(g) outlines the period of performance under the grant agreement; and

(h) specifies the maximum amount of the grant award.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-7 Responsibilities of parties to the grant agreements

Each party to a grant agreement shall promote the veterans claims assistance program and the service grant program by cooperatively developing outreach materials and working together. (a) Each party shall establish uniform program goals for all VSRs in support of the veterans claims assistance program. Each VSR shall accept any VSO designated in a POA by a veteran when submitting a claim. The VSR shall provide the veteran with a list of VSOs participating in the service grant program. If the veteran designates a nonparticipating VSO in the veteran's POA, the VSR shall notify the veteran in writing that the designated VSO does not participate in the veterans claims assistance program and shall inform the veteran of any limitations regarding the veteran's claim that could result.

Employees of the KCVA or service grant participant VSOs shall submit each claim through the office of the veterans claims assistance quality assurance program in the VARO.

(b) The director shall coordinate outreach efforts among participating VSOs to reach veterans in rural areas. Participating VSOs shall provide the director with an opportunity to participate in regional and state meetings to provide information on the operation of one-stop service centers.

(c) Each participating VSO shall perform the following:

(1) Meet the reporting requirements outlined in K.A.R. 97-6-9;

(2) separately account for the uses of grant funds;

(3) utilize forms and computer software for reporting service-related information to ensure that the information is accurate;

(4) accept all claims submitted by each veteran and the veteran's spouse, dependents, and survivors; and

(5) within 30 days of signing the grant agreement, submit all documentation necessary to cross-accredit VSRs.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-8 Duration of grants; insurance requirements

(a) Each grant shall be for one state fiscal year, starting July 1 and ending the following June 30. Grant payments shall be made monthly upon receipt of each approved invoice of expenditures and monthly traffic and monetary reports. The director shall review invoices based on the criteria outlined in L. 2006, ch. 153, sec. 1(d) and amendments thereto. If payment of an invoice is denied as an ineligible expenditure, the VSO may appeal the decision in writing to the commission, which may forward the appeal to the veterans claims assistance advisory board for a recommendation within the time specified by the chair of the commission. The recommendation of the veterans claims assistance advisory board shall be reviewed by the KCVA before the KCVA makes a final determination. Any unexpended funds shall be returned by the KCVA to the state of Kansas.

(b) Each VSO shall obtain and keep in force the following types of insurance coverage from any insurance company authorized to do business in Kansas, during the term of the grant contract:

(1) Commercial general liability insurance, including premises or operations coverage, contractual coverage, and, if applicable, products or completed operations coverage;

(2) professional liability insurance, which is also known as errors and omissions insurance, for errors or the failure of the insured to perform work as promised in a contract, with minimum liability limits of $500,000 for each person and $1,000,000 for each occurrence; and

(3) workers compensation coverage meeting all statutory requirements.

(c) Each VSO shall annually provide the director with a copy of that VSO's insurance policy or policies.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-9 Format and frequency of reports

(a) On or before the tenth day of each month, each participating VSO shall submit the following to the director on forms provided by the director:

(1) The monthly traffic report, which shall contain the following information for the previous calendar month:

(A) The number of contacts;

(B) the number of pieces of correspondence;

(C) the number of USDVA forms processed;

(D) the number of non-USDVA forms processed;

(E) the number of USDVA claims allowed;

(F) the number of USDVA claims denied;

(G) the number of USDVA board hearings; and

(H) the number of appearances before a USDVA rating board;

(2) the monthly monetary report. This report shall contain the dollar amount of each award for which an award notice was received during the previous calendar month and the date the claim was submitted, the number of awards, the monthly compensation, and any back payments for claims allowed. This report shall also indicate the total annual compensation for each of the following types of award:

(A) Non-service-connected pensions;

(B) service-connected compensation;

(C) death pensions;

(D) dependency and indemnity compensation;

(E) insurance compensation;

(F) education compensation;

(G) burial compensation;

(H) accrued benefit compensation;

(I) waivers approved;

(J) awards as a result of notice of disagreement;

(K) miscellaneous awards; and

(L) confirmed and continued awards; and

(3) a review and verification findings report showing the following:

(A) The specific rating decisions reviewed that month;

(B) any corrective action required; and

(C) the date on which any corrective action was implemented.

(b) The director shall review the reports submitted by each VSO and shall provide the following summary reports to the KCVA:

(1) A quarterly traffic and monetary report summary; and

(2) an annual traffic and monetary report summary.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-10 Quality assurance

(a) A quality assurance program office in the VARO's one stop-service center, as specified in L. 2006, ch. 153, sec. 1(c) and amendments thereto, shall be established by the KCVA. KCVA VSRs shall be appointed by the KCVA as quality assurance program staff, who shall review each claim for both of the following:

(1) Development of the claim. The staff shall ensure that all of the development required for each claim is completed. This development shall include notifying any claimant or representative from whom further information is needed and, if necessary, following up with any claimant or representative.

(2) Eligibility of the claimant. The staff shall review each claim for the claimant's eligibility for the benefit being sought, based on the following:

(A) The claimant's military service record;

(B) the character of the claimant's discharge;

(C) any contributions made by the claimant to the veterans' benefit program, if applicable;

(D) any qualifying disability, if applicable;

(E) delimiting dates;

(F) any requests for VA counseling;

(G) any change in the veterans' benefit program; and

(H) any processing limitations.

(b) The staff of the KCVA quality assurance program shall notify the following, in writing and as applicable, about the USDVA's claims decision or decisions:

(1) The claimant;

(2) any VSO designated in the claimant's POA;

(3) a VSR in a designated field office; and

(4) any other designee of the claimant.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007.)

Kan. Admin. Regs. § 97-6-11 Director's duties

The director shall oversee the day-to-day operations of the veterans claims assistance program and the service grant program. The director shall report directly to the commission when acting as the chairperson of the veterans claims assistance advisory board, pursuant to L. 2006, ch. 153, sec. 2(a) and amendments thereto. The director's duties shall include the following: (a) Developing the budget for the veterans claims assistance program and the service grant program;

(b) collecting data and information about benefits and services and making the data and information available to veterans and their spouses, dependents, and survivors;

(c) working with and annually updating VSOs participating in the service grant program and receiving input for use by the KCVA and the legislature;

(d) reviewing invoices and requests for payment and ensuring that each VSO's requests for payment meet the statutory and regulatory requirements;

(e)(1) Collecting the annual audited financial statement from each VSO participating in the service grant program; and

(2) reviewing each statement;

(f) maintaining a record of each case handled by a VSR for the KCVA and the VSOs, which shall contain at least the following information:

(1) The name of the veteran;

(2) the claim or case number of the veteran; and

(3) the monthly benefit received by the veteran;

(g) ensuring that an adequate, trained staff is in place to provide support and information on federal and state benefits to veterans and their spouses, dependents, and survivors;

(h) increasing veterans' access to claims assistance through one-stop service centers to which veterans and their spouses, dependents, and survivors can turn for information and assistance;

(i) providing and maintaining the field offices necessary to serve the needs of veterans and their spouses, dependents, and survivors throughout the state. These offices shall provide services in cooperation with the one-stop service centers;

(j) preparing a report on the veterans claims assistance program and the service grant program and presenting the report to the legislature not later than January 31 each year; and

(k) calling a meeting of the veterans claims assistance advisory board at least quarterly.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2006, ch. 153, sec. 1; effective April 27, 2007)

Article 7 Vietnam War Era Medallion Program

Kan. Admin. Regs. § 97-7-1 Definitions

As used in L. 2009, ch. 62, secs. 1 through 6 and amendments thereto and these regulations, each of the following terms shall have the meaning specified in this regulation:

(a) (1) "Active service" and "active duty" shall include the following:

(A) For a member of an active component of the armed forces of the United States, the time served on active duty for which the member has received or is eligible to receive the Vietnam war era medallion for service related to the Vietnam war; and

(B) for a member of the armed forces of the United States, time served on active duty for the support of operations in the Vietnam war whether or not that service was in the country of Vietnam.

(2) These terms shall include any time spent in a hospital as a result of service-connected wounds, diseases, or injuries sustained on active service. Proof of this service shall be the official military records of the United States or other evidence as deemed sufficient by the director of veteran services.

(3) These terms shall not include time served on active duty for annual training or schooling, except for training and schooling in preparation for active duty in the Vietnam war.

(b) "Director of veteran services" means the designated director of the veteran services program for the Kansas commission on veterans' affairs, who is appointed by the executive director of the Kansas commission on veterans' affairs.

(c) "Parent" shall include the following:

(1) The natural or adoptive parent of a veteran; and

(2) any person who, for a period of at least one year, acted in the capacity of a foster parent to a veteran immediately before the veteran attained 18 years of age.

(d) "Program" means the Vietnam war era medallion program.

(e) "Spouse or eldest living survivor of a deceased veteran" means any of those individuals listed in K.A.R. 97-7-4.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing L. 2009, ch. 62, sec. 2; effective March 12, 2010.)

Kan. Admin. Regs. § 97-7-2 Veteran status

(a) To be considered a veteran for purposes of the program, each applicant shall establish both of the following to the satisfaction of the director of veteran services:

(1) The person for whom the application under the program is submitted is a veteran.

(2) The person for whom the application under the program is submitted meets the requirements specified in L. 2009, ch. 62, sec. 1, and amendments thereto.

(b) In addition to meeting the requirements in subsection (a), the applicant shall certify that the person for whom the application under the program is submitted meets both of the following requirements:

(1) Was not, at any time during the Vietnam war, separated from the armed forces under other than honorable conditions, including a bad conduct discharge or dishonorable discharge, or an administrative discharge under other than honorable conditions; and

(2) has never renounced United States citizenship.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2009, ch. 62, sec. 2; implementing L. 2009, ch. 62, sec.1 and sec. 2; effective March 12, 2010.)

Kan. Admin. Regs. § 97-7-3 Legal resident status

(a) Proof of residence. In addition to establishing the veteran status of the person for whom an application under the program is submitted as specified in K.A.R. 97-7-2, the applicant shall establish to the satisfaction of the director of veteran services that the person was a legal resident of Kansas during the person's active service within the period beginning February 28, 1961 and ending May 7, 1975. The proof of residence shall be the official records of the United States or other evidence deemed sufficient by the director of veteran services.

A legal resident of Kansas shall mean an individual for whom Kansas was the state of domicile while serving in the United States armed forces or a reserve component of the United States armed forces within the period specified in this subsection and who did not claim legal residence in any other state during that period of active service, without regard to the place of enlistment, commission, or induction. A service member's legal residence shall not change by virtue of military assignment to another state.

(b) Home of record in Kansas shown in official military records. Each veteran whose home of record is listed as Kansas in official military records showing qualifying active service within the period beginning February 28, 1961 and ending May 7, 1975 shall be considered a legal resident without regard to the veteran's place of enlistment, commission, or induction.

(c) Home of record in Kansas not shown in official military records. In making a determination of legal residence if official military records do not show Kansas as the veteran's home of record for the period of active service, the director of veteran services shall apply a rebuttable presumption that the veteran was not a legal resident of Kansas. The applicant may rebut this presumption by showing facts and circumstances establishing that Kansas was the veteran's legal residence because Kansas was the veteran's permanent place of abode to which the veteran intended to return.

(d) Documentation. If an applicant is unable to document the veteran's legal residence in Kansas by means of official military records showing a home of record in Kansas during the period of active service, the director of veteran services may consider the following documentation when determining whether sufficient evidence exists to show that the veteran was a legal resident of Kansas who did not claim legal residence in any other state at that time:

(1) Voter registration records for the period beginning February 28, 1961 and ending May 7, 1975;

(2) proof of payment of state income tax as a resident for the period beginning February 28, 1961 and ending May 7, 1975;

(3) (A) Kansas driver's license or Kansas identification card; and

(B) any similar documentation for the period beginning February 28, 1961 and ending May 7, 1975;

(4) other proof of a Kansas residential address for the period beginning February 28, 1961 and ending May 7, 1975, including a high school diploma or attendance record for a Kansas high school, real estate records, utility receipts, and any other records showing residence in Kansas; and

(5) an affidavit of residence submitted by the applicant under penalty of law in which the applicant swears or affirms that the veteran on whose behalf the application under the program is submitted remained a legal resident of Kansas and did not claim legal residence in any other state for any purpose during the period of active service occurring within the period beginning February 28, 1961 and ending May 7, 1975.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2009, ch. 62, sec. 2; implementing L. 2009, ch. 62, sec. 1 and sec. 2; effective March 12, 2010.)

Kan. Admin. Regs. § 97-7-4 Applicants on behalf of deceased veterans

(a) The following individuals shall be eligible to apply under the program on behalf of eligible deceased veterans. Eligible deceased veterans shall include eligible veterans who died in performance of active service or as a result of service-connected wounds, diseases, or injuries and veterans who would, but for their death before submission of an application, be eligible to apply under the program based on active service. Applicants shall be considered in the following order:

(1) The surviving spouse of the eligible veteran, unless the surviving spouse was living separate and apart from the veteran when the veteran commenced active service. The proof of spousal status required shall be the same as the proof that would be accepted by the United States department of veterans affairs. The surviving spouse shall certify that the individual was not living separate and apart from the eligible veteran when the veteran commenced active service. If a surviving spouse qualifies under the program, the Vietnam war era medallion, medal, and certificate of appreciation shall be awarded to the surviving spouse at the time of the veteran's death;

(2) survivor, which shall mean the eldest surviving child of the eligible veteran if there is no eligible surviving spouse. The eldest surviving child shall certify that there is no eligible surviving spouse, as part of the application; and

(3) the surviving parents of the eligible veteran, if there are no eligible surviving spouse and no eligible surviving children. The surviving parents shall certify that there are no eligible surviving spouse and no eligible surviving children, as part of the application.

(b) If the eligibility of a surviving spouse, surviving child, or surviving parents is disputed, the director of veteran services shall defer awarding the Vietnam war era medallion, medal, and certificate of appreciation until the parties resolve the dispute or a court of competent jurisdiction issues an order making a determination on the issue.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2009, ch. 62, sec. 2; implementing L. 2009, ch. 62, secs. 3, 4, and 5; effective March 12, 2010.)

Kan. Admin. Regs. § 97-7-5 Application procedures

(a) Forms. Each application for benefits under the program shall be submitted on a form provided by the Kansas commission on veterans' affairs.

(b) Submission. Each application shall be submitted to the address designated by the Kansas commission on veterans' affairs on the application form.

(c) Additional documentation. Each application shall be accompanied by the required number of copies, as stated on the application, of supporting documentation from official military records of the United States armed forces or its reserve components, including DD form 214 or similar documentation showing periods of active service, and documentation of the veteran's home of record. If the application is submitted on behalf of a deceased veteran, a copy of the death certificate shall be attached.

(d) Review of applications. The director of veteran services shall conduct a review of each application for completeness. If the application is deemed complete, the director shall review the application to determine eligibility.

(e) Incomplete applications. Each incomplete application shall be returned to the applicant.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2009, ch. 62, sec. 2, and implementing L. 2009, ch. 62, sec. 2 and sec. 5; effective March 12, 2010.)

Kan. Admin. Regs. § 97-7-6 Reconsideration of denied applications

Any applicant who is dissatisfied with the disposition of the application may ask the Kansas commission on veterans' affairs to reconsider the disposition. Each request for reconsideration shall meet the following requirements:

(a) Be submitted within 30 days of receipt of the initial disposition of the application;

(b) be in the form of a letter or memorandum;

(c) state why the applicant is dissatisfied with the disposition; and

(d) state the reasons, including facts and circumstances, the applicant believes the disposition should be altered.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by L. 2009, ch. 62, sec. 2; implementing L. 2009, ch. 62, sec. 5; effective March 12, 2010.)