Rule 920: Investigations

(a)   Investigator Appointment. Upon receipt of a referral under Rule 919(d) or a request under Rule 919(e), the chairperson must appoint a current or former council member to investigate the complaint. The director must forward a copy of the complaint and letter of appointment to:

(1)   the appointed investigator;

(2)   the approved individual or program; and

(3)   the complainant.

(b)   Response. The approved individual or program may submit to the investigator a written response no later than 21 days after receipt of the complaint.

(c)   Report and Recommendation. On conclusion of the investigation, the investigator must submit a written report to the chairperson. The investigator must recommend:

(1)   dismissing the complaint;

(2)   additional training; or

(3)   suspending the approved individual’s or program’s status for a stated period of time or indefinitely.

(d)   Confidentiality of Records. Any investigation conducted or information obtained or provided under these rules is subject to the confidentiality provisions and exceptions contained in K.S.A. 5-512, 23-3505, 60-452a, and any other applicable state or federal law regarding privacy and confidentiality. Information that is not reasonably necessary for any investigation or action under K.S.A. 5-512(b)(1), 23-3505(b)(1), or 60-452a(b)(1) remains confidential. Any record pertaining to any investigation conducted or information obtained or provided under this process is not subject to disclosure under the Kansas Open Records Act, K.S.A. 45-215 et seq.

[History: New rule adopted effective January 1, 2020.]