83-226.
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/ks/chapter-83/83-226A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
83-226. Service company license required; application; fees; out-of-state places of business; technical representatives, licensure; continuing education seminars; tests for accuracy; deposit of moneys in weights and measures fee fund.
(a)Each person, other than an authorized representative of the secretary or an authorized representative of a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210 , and amendments thereto, desiring to operate and perform testing and other services as a service company in Kansas shall apply to the secretary for a service company license on a form to be supplied by the secretary and shall obtain such license from the secretary before operating and performing testing or other services as a service company.
(b)Each service company shall obtain a separate license for each place of business maintained in Kansas by paying a license application fee not to exceed $200 for each license sought. The secretary may set the application fee by order. Each service company license shall expire on June 30 following issuance, shall be void unless renewed prior to the expiration and shall not be transferable. The license renewal fee for each place of business shall be equal to the license application fee as provided in this section.
(c)If any service company maintains any out-of-state places of business that the company operates in serving Kansas patrons, the service company seeking to obtain or renew a license under this section shall list in the application such places of business and the firm names under which the company operates at each such place of business. If any out-of-state place of business is established by a service company after being licensed under this section, the licensee shall supply such information to the secretary before any work is performed in Kansas from such out-of-state location. Each nonresident service company shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this chapter or any liabilities arising from operations thereunder. Each nonresident service company that does not maintain an established place of business in Kansas shall obtain a license under this section for each out-of-state place of business and list on the application the firm name or names for each place of business from which the service company intends to operate.
(d)Each technical representative shall be licensed annually by the secretary. Except as provided in subsection (e), each technical representative shall be required to attend continuing education seminars on an annual basis as required by rules and regulations adopted by the secretary and pass a reasonable examination prescribed by the secretary each year prior to being licensed. Each technical representative's license shall expire on June 30 following the issuance of the license and shall be void unless renewed prior to the expiration.
(e)Each technical representative who has had 10 years of continuous licensure with no administrative enforcement action adjudicated against such technical representative during such 10-year period shall be eligible to obtain a five-year license. The secretary shall implement, by order, the fee for such five-year license. Such license fee shall be an amount of not to exceed $500. Each technical representative holding a five-year license shall be required to complete continuing education as described in subsection
(d)at a frequency of not to exceed once per five-year period. The secretary may promulgate rules and regulations to require any technical representative who has been adjudicated in violation of this act or any rules and regulations promulgated by the secretary to seek renewal of a license on an annual basis, and the secretary may establish criteria for the reinstatement of eligibility for a five-year license.
(f)The secretary is authorized to charge a fee to the attendees of continuing education seminars sponsored by the Kansas department of agriculture. The amount of such fee shall be not more than is necessary to cover the expenses incurred in providing the seminar.
(g)No service company license may be issued or renewed under this section until the applicant's weights or measures, or both, have been tested for accuracy and sealed by the secretary. The secretary is authorized to accept a calibration certificate for the applicant's weights or measures issued by the national institute of standards and technology or by a metrology laboratory certified by the national institute of standards and technology in lieu of a test by the secretary, if such certificate shows that the weights or measures have been tested within the last 365 days preceding the license application.
(h)The secretary shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the weights and measures fee fund.