75-791. Sandbox participant offerings; limitations; rules and regulations not enforced; no criminal offense immunity.

501 words·~2 min read·/ks/chapter-75/75-791

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the regulatory relief office approves an application under K.S.A. 2025 Supp. 75-788 through 75-790 , and amendments thereto, the sandbox participant shall have 24 months after the date when the application was approved to demonstrate the offering described in the application.

(b)An offering that is demonstrated within the general regulatory sandbox program is subject to the following limitations:

(1)Each consumer shall be a resident of Kansas; and

(2)no rule and regulation shall be waived or suspended if such waiver or suspension would prevent a consumer from seeking restitution in the event that the consumer is harmed.

(1)A sandbox participant who holds a certification or registration in another jurisdiction shall not be restricted from acting in accordance with that authorization.

(2)A sandbox participant is deemed to possess an appropriate certification or registration under the laws of the state for the purposes of any provision of federal law requiring licensure or other authorization by the state.

(3)Except as provided in paragraph (5), during the demonstration period, a sandbox participant shall not be subject to the enforcement of rules and regulations identified in the written agreement between the regulatory relief office and the sandbox participant described in K.S.A. 2025 Supp. 75-790 (j), and amendments thereto;

(A)A prosecutor shall not file or pursue charges pertaining to a rule and regulation identified in the written agreement between the regulatory relief office and the sandbox participant described in K.S.A. 2025 Supp. 75-790 (j), and amendments thereto, for any act or ommision that occurs during the demonstration period; and

(B)an agency shall not file or pursue any punitive action against a sandbox participant, including a fine or suspension or revocation of a certification or registration, for the violation of a rule and regulation that:

(i)Is identified as being waived or suspended in the written agreement between the regulatory relief office and the sandbox participant described in K.S.A. 2025 Supp. 75-790 (j), and amendments thereto; and

(ii)occurs during the demonstration period.

(5)Except as provided by paragraph (4)(A), a sandbox participant shall not have immunity related to any criminal offense committed during the sandbox participant's participation in the general regulatory sandbox program.

(6)By written notice, the regulatory relief office may end a sandbox participant's participation in the general regulatory sandbox program at any time and for any reason, including if the director determines that a sandbox participant is not operating in good faith to bring an innovative offering to market.

(7)The regulatory relief office and the regulatory relief office's employees shall be not held liable for any business losses or the recouping of application expenses or other expenses related to the general regulatory sandbox program, including for:

(A)Denying an applicant's application to participate in the general regulatory sandbox program; or

(B)ending a sandbox participant's participation in the general regulatory sandbox program at any time for any reason.