Your Rights Before the Board

The process can begin one of two ways. First, an applicant may receive a document called “Summary Order”. This document states the facts and legal reasons for action on a license. If the licensee disagrees he/she may request a hearing. Second, a licensee may be served with a petition stating facts and law and asking for action upon the license.

 

The request for hearing by the licensee or petition filed by the Attorney General is followed by a notice of hearing which sets a time and date for the licensee to appear and defend. The notice gives directions on how to ask for additional time (called a continuance) if a licensee is unable to appear on the date set. The notice also warns that if a licensee fails to appear or contact the KSBN the matter will proceed and judgement may be entered in the matter affecting the license. Documents and statements may be requested by the licensee or the Board’s attorney and are exchanged in a process known as discovery.

 

You may appear in front of the entire Board, a panel of Board members, or the Board’s appointed hearing officer. A licensee may represent yourself or be represented by an attorney. The proceeding is recorded. Oaths are administered to those who testify. Each party can require witnesses to appear and testify. Each party may cross -examine witnesses presented by the other side. Each party may submit exhibits. The hearing officer / panel may also ask questions. Evidence may be written or oral and must be relevant to the claim. Hearsay can be introduced and is to be weighed appropriately. Evidence submitted varies

from case to case. If your fitness to practice nursing is in question, factors to be considered include but are not limited to:

 

At the conclusion the hearing officer/panel weighs and considers the evidence and renders a decision. A written order, which consists of findings of fact, conclusions of law, and any sanctions imposed, is served upon the parties after the decision. Costs of the proceeding may be charged to the applicant or licensee. The written order will state the time when it becomes effective and provide notice to both sides of their appeal rights.

Within a set period of time the parties have the right to request to have a decision reviewed by the Board. If the Board affirms the decision, or if the Board declines to review the decision, or makes a decision not liked by either party, either party may appeal to District Court. An appeal in District Court is subject to an act called the Kansas Judicial Review Act (KJRA). Appeals to District Court for the KSBN are not tried again. The KJRA sets out the court’s scope of review. The court considers the party’s stated appeal grounds and decides whether the KSBN’s order/record is supported by substantial evidence. Once the District Court enters its order either party, if not satisfied, has one more opportunity for appeal to the Court of Appeals or Supreme Court of the State. There are established time lines in which such requests or notices must be filed.