(a) "Dispensing device" means a motor-vehicle fuel or liquid fuel dispensing pump, meter or other similar measuring device and shall include any device which dispenses refined or blended gasoline or diesel fuel product. This definition shall not include liquefied petroleum meters;
(b) "person" means any individual, agent, technical representative, partnership, association, corporation or governmental agency but does not include the secretary;
(c) "secretary" means the secretary of agriculture, the secretary's authorized representative or the secretary's authorized inspector;
(d) "place of business" means any location from which a testing service, or one or more representatives or employees thereof, sell and perform services for the purpose of testing, repairing, adjusting, measuring or calibrating dispensing devices;
(e) "technical representative" means an individual who is responsible for the proper installation, repair, adjustment or calibration and certification of the accuracy of such dispensing devices; and
(f) "service company" means a company which is in the business of examining, calibrating, testing, repairing and adjusting of dispensing devices but such term does not include a technical representative unless the technical representative is the owner of such service company.
History: L. 1985, ch. 344, § 1; L. 1988, ch. 397, § 1; L. 1989, ch. 163, § 10; L. 1996, ch. 105, § 16; L. 2007, ch. 180, § 4; July 1.
(b) If any service company maintains any out-of-state places of business which the service company operates in serving Kansas patrons, the applicant seeking to obtain or renew a license under this section shall list in the application such places of business and the firm names under which the service company operates at each such place of business. If any out-of-state place of business is established by a service company after being licensed under this section, the licensee shall supply such information to the secretary before any work is performed in Kansas from such out-of-state location. Each nonresident service company shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any liabilities arising from operations thereunder. Each nonresident service company which maintains no established place of business in Kansas shall obtain a license under this section for each out-of-state place of business and shall list on the application the firm name or names for each place of business from which the service company intends to operate.
(c) Each technical representative shall be licensed annually by the secretary. Each technical representative shall be required to attend continuing education seminars on an annual basis as required by rules and regulations adopted by the secretary and to pass a reasonable examination prescribed by the secretary each year prior to being licensed. The Kansas department of agriculture shall be authorized to charge a fee to the attendees of the seminar sponsored by the department. The amount charged shall be no more than is necessary to cover the expenses incurred in providing the seminar. All technical representatives who install, repair, adjust or calibrate a device and certify such devices shall be required to pass the state examination annually. Each technical representative license shall expire on June 30 following issuance of the license and shall be void unless renewed prior to the expiration.
(d) No service company license may be issued or renewed under this section until the applicant's weights and measures have been tested for accuracy and sealed by the secretary. The secretary is authorized to accept a certification of the accuracy of the applicant's weights or measures issued by the national institute of standards and technology, by a weights and measures laboratory certified by the national institute of standards and technology, or by the appropriate certifying agency of another state in lieu of a test by the secretary, if such certificate shows that the weights or measures have been tested within the 12 calendar months next preceding the license application.
(e) The secretary shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the weights and measures fee fund.
History: L. 1985, ch. 344, § 2; L. 1988, ch. 397, § 2; L. 1990, ch. 365, § 6; L. 1992, ch. 175, § 7; L. 1996, ch. 105, § 17; L. 2001, ch. 5, § 484; L. 2002, ch. 181, § 26; L. 2004, ch. 85, § 21; L. 2004, ch. 180, § 17; July 1.
(1) Standards of workmanship for testing services;
(2) requirements for contractual responsibilities and fulfillment of agreements by testing services;
(3) furnishing of reports and information necessary for the state sealer to carry out the provisions of K.S.A. 83-401 to 83-410, inclusive, and amendments thereto; and
(4) other matters necessary for the administration of the provisions of K.S.A. 83-401 to 83-410, inclusive, and amendments thereto.
(b) For purposes of inspection, the state sealer or authorized representatives of the state sealer may enter upon private premises with consent of the occupant.
History: L. 1985, ch. 344, § 3; L. 2004, ch. 101, § 154; July 1.
(b) The city or county department of public inspection of weights and measures or the secretary which conducts tests pursuant to this section, at the time of testing and inspection, shall promptly furnish to the owner or operator a report showing the results of the tests and inspection. Such reports shall also be sent to the secretary, as required by rules and regulations adopted by the secretary, however, no report shall be furnished later than 10 days after the test or inspection of such device has occurred.
(c) Subject to the provisions of K.S.A. 83-215, and amendments thereto, the owner and operator of a dispensing device which is found to be inaccurate at the time of testing shall withdraw immediately the device from further use until the necessary corrections, adjustments or repairs are made and the device is determined to be accurate by a service company or the city or county weights and measures department or an authorized representative of the secretary. The devices which have been repaired or serviced shall meet the tolerances and specifications adopted by the secretary by rules and regulations. The service company or the city or county shall notify the secretary of any devices which are found not to comply with such tolerances and specifications and those which are not able to be serviced or repaired so as to comply with such tolerances and specifications. The service company shall report to the secretary within the time frames and in a manner established in rules and regulations adopted by the secretary of any dispensing device which has been installed, repaired, calibrated or fails to comply with the required tolerances and specifications.
(d) Each service company shall be required to keep at such company's corporate headquarters or at such company's resident agent's office a copy of all reports regarding the installation, repair, calibration and other work the service company or the technical representatives employed by the service company performed on the commercial dispensing devices. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations. The owner or operator of a dispensing device shall also be required to retain copies of all reports regarding installation, repair or adjustment or any of the aforementioned done to the dispensing device at the site where the dispensing device is used. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations.
History: L. 1985, ch. 344, § 4; L. 1988, ch. 397, § 3; L. 1989, ch. 163, § 19; L. 1990, ch. 365, § 2; L. 1992, ch. 175, § 8; L. 1994, ch. 83, § 6; L. 1996, ch. 105, § 18; L. 2001, ch. 175, § 7; July 1.
History: L. 1985, ch. 344, § 5; L. 1988, ch. 397, § 4; L. 1989, ch. 163, § 20; L. 1990, ch. 365, § 7; L. 1996, ch. 105, § 19; July 1.
History: L. 1985, ch. 344, § 6; L. 1988, ch. 397, § 5; L. 1989, ch. 163, § 21; Repealed, L. 1996, ch. 105, § 24; July 1.
(a) Has refused to provide the secretary with reasonably complete and accurate information regarding methods used, materials used or work performed;
(b) has failed to comply with any provision or requirement of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder;
(c) has failed to perform work in a manner consistent with the standards set forth in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder; or
(d) has committed an unlawful act pursuant to K.S.A. 83-219, and amendments thereto, or any rules and regulations adopted thereunder.
History: L. 1985, ch. 344, § 7; L. 1988, ch. 397, § 6; L. 1990, ch. 366, § 2; L. 1996, ch. 105, § 20; July 1.
History: L. 1985, ch. 344, § 7; L. 1988, ch. 356, § 354; Repealed, L. 1990, ch. 366, § 3; July 1.
History: L. 1985, ch. 344, § 8; Repealed, L. 1988, ch. 356, § 361; July 1, 1989.
(b) violate any of the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder.
History: L. 1985, ch. 344, § 9; L. 1988, ch. 397, § 7; L. 1989, ch. 163, § 11; L. 1990, ch. 365, § 8; L. 1996, ch. 105, § 21; July 1.
History: L. 1985, ch. 344, § 10; L. 1996, ch. 105, § 22; July 1.
History: L. 1996, ch. 105, § 23; July 1.