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  1. #1

    Question Can the Governor Intervene Over Improper Action of a State Agency

    Summary: Kansas Real Estate Commission has a history of abusive regulatory actions and legal battles lasting many years for seemingly very minor infractions. The KREC has policy and procedures in place which makes it nearly impossible for the accused to defend himself/herself. The KREC does not identify the nature or existence of any complaint yet instigates through exhaustive investigative practices which debilitates brokerages and businesspersons for YEARS before identifying the problems or concerns - which when identified only stems from complaints or concerns actually solicited by the KREC AFTER the investigation started - i.e. the KREC takes all records from my office, calls all my clients, asks for complaints and then receives - ONE - then uses that as a basis for the year and a half of "investigations" which they would not tell me I was being investigated during nor for what concerns they were acting on. Then the fines they come up with are so minor and based on hearsay evidence that its almost an insult so instead of paying the $4,000 regulatory body fine - I fight - but am not allowed to face my accuser, present my side of the case before the fine or otherwise disagree with the body decision and am thus stuck in an endless loop of courts and appeals... It has been 4 years now in courts. I have asked the Governor to intervene but he says he has no authority to do so but said he wished he could. There is clear malice on the part of the KREC.

    A) Can the KS Governor overturn any state agency action? If so, how. What specific statutes or constitutional authorities are granted to the Governor of Kansas.

    B) Can the KS Governor issue an executive order to cause an agency to act or require an agency to cease acting inappropriately? Sanction an agency?

    The KREC Executive Director, state employee, stated to me that "there is no one [I] can complaint to about [her]" when asked to whom I could file an official grievance with. She further stated that "she is the top person in charge" .

    Forgive my ignorance - but I thought she was simply a state employee. If the employee, no matter who she is or how high up, is causing or is the reason for inefficiency or abusive regulatory positions - who can correct the behavior? How can Joe Public raise any concern about any agency in the state?

    C) Who can fire an agency director? Are there any circumstances where immediate termination is warranted? Fraud, embezzlement, making false statements, antitrust activities, malicious defamation and failure to manage or budget for the agency?

    -Very concerned Kansas Veteran...

  2. #2
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    Default Re: Can the Governor Intervene Over Improper Action of a State Agency

    Can an elected official intervene in the sense of contacting an agency, or having an aide contact an agency, to say, "A voter has told me you're doing X when you should be doing Y - what's up with that?" Certainly.

    Can an elected official overrule the administrative code and regulations governing the agency and its processes, overrule the outcome of an administrative investigation, or reverse the agency's decision rather than allowing the appeals process (normally through the agency, then through the courts) to proceed? Not without explicit legal authority, and I can't think of an example of a governor having such authority in any state I'm familiar with.

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