Rule 921: Complaint Resolution

(a)   Investigator’s Recommendation. When the chairperson receives a report from the investigator under Rule 920(c), the chairperson will consider the investigator’s recommendation and issue a written determination.

(b)   Chairperson’s Determination. The director will forward a copy of the chairperson’s determination to the complainant and the approved individual or program. The chairperson’s determination is final if no timely appeal is submitted under subsection (c).

(c)   Appeal. The approved individual or program may appeal the chairperson’s determination to the Supreme Court no later than 21 days after issuance.

(d)   Review Panel. The chief justice of the Kanas Supreme Court will appoint a three-person review panel to consider the appeal. The review panel must include at least two current or former council members. One of the members must be approved in the dispute resolution area practiced by the approved individual or program under investigation. The chief justice will also designate one of the appointees to be the presiding member of the review panel. The director will provide copies of the complaint, response, investigative report, chairperson’s determination, and request for appeal to the review panel no later than 14 days after the panel’s appointment.

(e)   Review Panel’s Determination. The review panel must submit to the director its written determination. On receipt of the determination, the director must forward copies of the determination to the chairperson and the approved individual or program. The determination of the review panel is final and not subject to further review.

(f)    Individual Licensed or Approved by Another Body. If the final determination results in action as stated in Rule 920(c)(2) or (c)(3) and it concerns an approved individual that is licensed as an attorney in Kansas, the director must forward a copy of the complaint to the disciplinary administrator under Supreme Court Rule 208. If the approved individual possesses a license, certificate, or approval by another licensing body, including one that is out of state, the director may forward a copy of the complaint to the applicable licensing body.

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