Same; judicial review of secretary's decision

41-323. Same; judicial review of secretary's decision. Any action of the secretary pursuant to K.S.A. 41-321, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. At the time of the filing of the petition for review, the petitioner shall give a bond for costs conditioned on the petitioner's prosecuting the appeal without delay and paying all costs assessed against the petitioner. If review of the decision of the district court is sought pursuant to K.S.A. 77-623, and amendments thereto, the director shall not be required to give a bond on such review. History: L. 1949, ch. 242, § 39; L. 1986, ch. 318, § 47; L. 1987, ch. 182, § 31; L. 2010, ch. 17, § 69; July 1. Law Review and Bar Journal References: "Rethinking Kansas Administrative Procedure," Marilyn V. Ainsworth and Sidney A. Shapiro, 28 K.L.R. 419, 437, 444 (1980). CASE ANNOTATIONS 1. Applied; transcript of proceedings where license revoked introduced in evidence. Chambers v. Herrick, 172 Kan. 510, 513, 241 P.2d 748. 2. Discussed in determining appellate jurisdiction under cereal malt beverage act. Peterson v. Board of County Commissioners, 176 Kan. 75, 78, 269 P.2d 450. 3. Distributor holding separate licenses in four counties; one license revoked; effect; appellate jurisdiction. Winters v. State Director of Alcoholic Beverage Control, 177 Kan. 584, 585, 587, 589, 280 P.2d 245. 4. Mentioned; director of revenue lacks right to appeal to district court from order of board of tax appeals. Sprague Oil Service v. Fadely, 189 Kan. 23, 27, 367 P.2d 56. 5. On appeal from board of review license denial, a district court has power to order director to approve license application; not necessary to remand to board. Cray v. Kennedy, 230 Kan. 663, 678, 640 P.2d 1219 (1982). 6. Cited; extensive review of administrative appeal statutes where issue was service on appeal of driver's license suspension (K.S.A. 8-259). In re Gantz, 10 Kan. App. 2d 299, 300, 698 P.2d 385 (1985). 7. Cited; appeal to secretary of revenue essential to exhaustion of administrative remedies. Blomgren v. Kansas Dept. of Revenue, 40 Kan. App. 2d 208, 210, 212, 215, 191 P.3d 320 (2008). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026