Kansas Administrative Regulations Agency 7 - SECRETARY OF STATE
1. What the Kansas Administrative Regulations Are
The Kansas Administrative Regulations (K.A.R.) are the official set of administrative rules adopted by Kansas state agencies. These rules have the force of law but are different from statutes passed by the Kansas Legislature.
Each agency in Kansas is assigned a number.
Agency 7 corresponds to the Secretary of State (SOS).
These rules explain how the Secretary of State operates, including responsibilities, procedures, and compliance requirements.
2. Role of the Kansas Secretary of State
The Secretary of State is a statewide elected official responsible for:
Overseeing elections and maintaining election integrity
Maintaining business records, including corporations, LLCs, and partnerships
Managing official state documents and records
Licensing and regulating certain professions or entities as delegated
Administering public filings and maintaining transparency in government
The rules in Agency 7 define how these responsibilities are carried out in practice.
3. Legal Authority for Agency 7 Rules
The Secretary of State’s administrative rules are issued under authority granted by:
Kansas statutes (laws passed by the Legislature)
Federal laws, in cases like federal elections or records management
The K.A.R. rules provide operational details for implementing these laws, including procedures, forms, fees, and compliance requirements.
4. Structure of Agency 7 Rules
Agency 7 is divided into chapters or sections, each covering a specific area of SOS responsibility.
Typical rule sections include:
Purpose and scope – Explains why the rule exists and what it covers
Definitions – Defines key terms used in the rules
Procedures – Explains step-by-step how filings, registrations, or elections are conducted
Compliance – Explains recordkeeping, reporting, and inspections
Penalties – Describes consequences for violating rules
5. Major Areas Covered by Agency 7 Rules
A. Business Filings and Registrations
Rules cover the formation and operation of businesses in Kansas:
Corporations, limited liability companies (LLCs), partnerships, and other entities
Registration and annual reporting requirements
Name registration and reservation
Fees, forms, and electronic filing procedures
These rules ensure businesses operate legally and maintain accurate public records.
B. Elections
Rules cover the administration of state and local elections:
Voter registration procedures
Candidate filing requirements
Election conduct and ballot procedures
Reporting of campaign finance and contributions
Accessibility and security standards
The rules ensure fair and orderly elections and compliance with both state and federal election laws.
C. Notaries Public
Agency 7 rules cover the commission and regulation of notaries public, including:
Appointment procedures
Duties and powers of notaries
Recordkeeping and reporting requirements
Disciplinary procedures for violations
D. Licensing and Other Administrative Functions
Some rules govern additional SOS responsibilities:
Licensing certain entities or services
Maintaining official state records and certifications
Procedures for authenticating documents for use in Kansas or abroad
6. Compliance and Enforcement
Agency 7 rules provide mechanisms to ensure compliance:
Recordkeeping and reporting requirements
Inspections and audits (e.g., election or business records audits)
Penalties or fines for noncompliance
Suspension or revocation of licenses, commissions, or registrations
These rules protect the public and maintain the integrity of state processes.
7. Who Must Follow Agency 7 Rules
Rules apply to:
Businesses and nonprofit organizations registered in Kansas
Voters, candidates, and political committees
Notaries public
Any person interacting with SOS-regulated processes
Failure to follow the rules can result in:
Rejection of filings or applications
Fines or administrative penalties
Legal action in severe cases
8. Rulemaking Process
Agency 7 rules are adopted through the Kansas Administrative Procedure Act, which includes:
Proposal – SOS proposes a rule
Public Notice – Opportunity for public comment
Review – Review by the Secretary of State and sometimes the Kansas Attorney General
Adoption – Rule becomes effective after approval
Once adopted, these rules are legally binding and must be followed.
9. Relationship to Kansas Statutes and Federal Law
Agency 7 rules cannot override statutes; they must follow Kansas law.
They also comply with applicable federal regulations (especially election rules).
The rules provide practical guidance for implementing statutory requirements efficiently.
10. Practical Importance of Agency 7 Rules
Ensure businesses and nonprofits operate legally and transparently
Maintain the integrity of elections
Provide clear procedures for licensing, filings, and notarizations
Protect the public and government from fraud or errors
Serve as a guide for the public and regulated entities on interacting with the Secretary of State
RELATED Blog
comments