Kansas Administrative Regulations Agency 48 - DEPARTMENT OF LABOR EMPLOYMENT SECURITY BOARD OF REVIEW
Here’s a refined overview of Kansas Administrative Regulations – Agency 48 (Department of Labor – Employment Security Board of Review), covering its structure and key provisions:
📜 Agency 48 Overview
Agency 48 governs the appellate process for unemployment insurance decisions in Kansas, overseen by the Department of Labor’s Employment Security Board of Review. Its regulations are organized into four Articles:
Article 1 – Appellate Procedure (§ 48‑1‑1 to 48‑1‑6)
• Defines how appellate hearings are initiated and conducted, including scheduling continuances and written decisions by referees (klrd.gov).
Article 2 – Board: Organization & Procedure (§ 48‑2‑1 to 48‑2‑5; §§ 48‑2‑6–7 revoked)
• 48‑2‑1 establishes the Board’s composition and chair selection (klrd.gov).
• 48‑2‑2 mandates filing a written appeal and notifying all parties (law.cornell.edu).
• 48‑2‑3 (hearing of appeals) was revoked in 2021 because statute provides adequate discretion (klrd.gov).
• 48‑2‑4 allows submission of additional evidence via remand hearings (klrd.gov).
• 48‑2‑5 requires Board decisions to be in writing with appeal rights noted (klrd.gov).
Article 3 – Appeals (§ 48‑3‑1 to 48‑3‑5; § 48‑3‑3 revoked)
• 48‑3‑1 covers witnesses and subpoenas, including compensation (klrd.gov).
• 48‑3‑2 allows representation by attorneys or authorized agents before referee/Board (casetext.com).
• 48‑3‑4 governs service of notices and hearing notifications .
• 48‑3‑5 ensures disqualification of Board members with conflicts of interest (klrd.gov).
Article 4 – Filing Appeals (§ 48‑4‑1 to 48‑4‑2)
• 48‑4‑1 defines filing rules—postmark and delivery dates are binding (klrd.gov).
• 48‑4‑2 on “constructive filing” is redundant to statute and eligible for revocation (klrd.gov).
⏳ Timeline & Updates
Most sections were amended effective January 22, 2010, under K.S.A. 2008 Supp. statutes (klrd.gov).
Article 2 § 48‑2‑3 was formally revoked following a 2021 public hearing; effective August 2021 (kslegresearch.org).
The regulations are published quarterly; check Kansas Register and SOS site for updates (sos.ks.gov).
🔍 How These Regs Work in Practice
According to the Unemployment Insurance Employer Handbook:
Appeals must be filed within 16 days from referee decision mailing (kgi.contentdm.oclc.org).
No new hearings are held at the Board level; decisions are based on existing records, though additional evidence can be ordered .
✅ Summary
Agency 48 provides a structured appellate mechanism—starting with referee hearings and culminating at the Board level—with clear rules for filing, representation, evidence, impartiality, and record-keeping. Recent changes, such as the removal of § 48‑2‑3, streamline the process and align regulations with statutory authority.
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