Rule 215: Pleadings; Service

(a)   Formal Complaint; Notice of Hearing.

(1)   The disciplinary administrator must file a formal complaint with the Board as follows:

(A)   at 701 Southwest Jackson Street, First Floor, Topeka, Kansas 66603; or

(B)   by email to kbda@kscourts.org.

(2)   The disciplinary administrator must serve the respondent and each hearing panel member with a copy of the formal complaint and notice of hearing no later than 45 days before the hearing on the formal complaint.

(3)   Service under subsection (a)(2) on the respondent must be made by one of the following methods:

(A)   personal service;

(B)   certified mail to the respondent’s most recent registration address with the Office of Judicial Administration; or

(C)   on respondent’s counsel by personal service, first-class mail, or email.

(4)   Service under subsection (a)(2) on each hearing panel member must be made by personal service, first-class mail, or email.

(b)   Answer.

(1)   The respondent must file an answer to the formal complaint with the Board as follows:

(A)   at 701 Southwest Jackson Street, First Floor, Topeka, Kansas 66603; or

(B)   by email to kbda@kscourts.org.

(2)   The respondent must serve the disciplinary administrator and each hearing panel member with a copy of the answer. The answer must be filed and served no later than 21 days after service of the formal complaint on the respondent.

(3)   Service under subsection (b)(2) must be made by personal service, first-class mail, or email.

(4)   For good cause, the presiding officer may extend the time for the respondent to file and serve an answer to the formal complaint.

(5)   If the respondent fails to file and serve the disciplinary administrator and each hearing panel member with a timely answer to the formal complaint, the disciplinary administrator may file a motion under Rule 213 for temporary suspension.

(c)   Motion, Response, and Other Filing.

(1)   The disciplinary administrator and respondent must file any other pleading, motion, response, reply, notice, or other filing with the Board as follows:

(A)   at 701 Southwest Jackson Street, First Floor, Topeka, Kansas 66603; or

(B)   by email to kbda@kscourts.org.

(2)   The disciplinary administrator must serve a copy of any other pleading, motion, response, reply, notice, or other filing as follows:         
                         
(A)   on the respondent by personal service, certified mail, first-class mail, or email to the respondent’s most recent registration address or email address; or

(B)   if represented by counsel, by personal service, certified mail, first-class mail, or email to the respondent’s counsel; and

(C)   on each hearing panel member by personal service, first-class mail, or email.

(3)   The respondent must serve the disciplinary administrator and each hearing panel member with a copy of any other pleading, motion, response, reply, notice, or other filing by personal service, first-class mail, or email.

(d)   Complete When Mailed. Service under this rule by certified mail or first-class mail is deemed complete on mailing, regardless of whether the mail is actually received.

(e)   Reference to Certain Persons or Information. A party filing a pleading, motion, response, or other filing must protect personally identifiable information as follows:

(1)   by complying with Rule 7.043 when referencing certain persons;

(2)   by redacting a person’s date of birth except for the year; and

(3)   by redacting the document to refer to only the last four digits of any of the following numbers:

(A)   a Social Security number;

(B)   a financial account number, including a bank, credit card, and debit card account;

(C)   a taxpayer identification number (TIN);

(D)   an employee identification number;

(E)   a driver’s license or nondriver’s identification number;

(F)   a passport number;

(G)   a brokerage account number;

(H)   an insurance policy account number;

(I)   a loan account number;

(J)   a customer account number;

(K)   a patient or health care number;

(L)   a student identification number; and

(M)   a vehicle identification number (VIN).

[History: New rule adopted effective January 1, 2021; Am. (c) and (e) effective November 29, 2021.]