Application and construction

77-603. Application and construction. (a) This act applies to all agencies and all proceedings for judicial review and civil enforcement of agency actions not specifically exempted by statute from the provisions of this act. (b) This act creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes. (c) This act does not apply to agency actions: (1) Of the prisoner review board concerning inmates or persons under parole or conditional release supervision; (2) concerning the management, discipline or release of persons in the custody of the secretary of corrections; (3) concerning the management, discipline or release of persons in the custody of the commissioner of juvenile justice; (4) under the election laws contained in chapter 25 of the Kansas Statutes Annotated, and amendments thereto, except as provided by K.S.A. 25-4185, and amendments thereto; (5) concerning pardon, commutation of sentence, clemency or extradition; (6) concerning military or naval affairs other than actions relating to armories; (7) governed by the provisions of the open records act and subject to an action for enforcement pursuant to K.S.A. 45-222, and amendments thereto; or (8) governed by the provisions of K.S.A. 75-4317 et seq., and amendments thereto, relating to open public meetings, and subject to an action for civil penalties or enforcement pursuant to K.S.A. 75-4320 or 75-4320a, and amendments thereto. History: L. 1984, ch. 338, § 3; L. 1986, ch. 318, § 2; L. 1988, ch. 369, § 7; L. 2005, ch. 9, § 1; L. 2009, ch. 109, § 24; L. 2012, ch. 16, § 39; L. 2015, ch. 95, § 15; July 1. Law Review and Bar Journal References: "The New Kansas Administrative Procedure and Judicial Review Acts," David L. Ryan, 54 J.K.B.A. 53, 66 (1985). "Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 31 (1995). "Writing to the Kansas appellate courts: a lesson in appellate jurisdiction," Autumn Fox, 69 J.K.B.A. No. 4, 32 (2000). CASE ANNOTATIONS 1. Cited; scope of judicial review on appeal from KCC ratemaking order in re Wolf Creek nuclear facility examined. Kansas Gas & Electric Co. v. Kansas Corporation Comm'n, 239 Kan. 483, 497, 720 P.2d 1063 (1986). 2. Cited; appellate court's scope of review (K.S.A. 77-621) as remaining unchanged in workers compensation cases examined. Williams v. Excel Corp., 12 Kan. App. 2d 662, 664, 756 P.2d 1104 (1988). 3. Where review of order suspending driver's license sought, licensee carries burden of proof at de novo hearing. Angle v. Kansas Dept. of Revenue, 12 Kan. App. 2d 756, 761, 758 P.2d 226 (1988). 4. Scope of review in workers compensation cases (K.S.A. 44-556, 77-618, 77-621) determined. Reeves v. Equipment Service Industries, Inc., 245 Kan. 165, 172, 777 P.2d 765 (1989). 5. Act for judicial review inapplicable to appeal from unified school district board acting as quasi-judicial body. O'Hair v. U.S.D. No. 300, 15 Kan. App. 2d 52, 56, 805 P.2d 40 (1991). 6. Act for judicial review does not apply to agency actions governed by open records act (K.S.A. 45-215 et seq.). State Dept. of SRS v. Public Employee Relations Board, 249 Kan. 163, 166, 815 P.2d 66 (1991). 7. Limitations on KDHR secretary to dismissal of complaint where no prohibited practice (K.S.A. 72-5430) exists examined. Garden City Educators' Ass'n v. U.S.D. No. 457, 15 Kan. App. 2d 187, 196, 805 P.2d 511 (1991). 8. Act is exclusive means for judicial review of agency actions unless the agency is specifically exempted. Kansas Sunset Assocs. v. Kansas Dept. of Health & Environment, 16 Kan. App. 2d 1, 2, 818 P.2d 797 (1991). 9. Noted in opinion that single instance of misconduct sufficient to disqualify claimant for unemployment compensation (K.S.A. 44-706). Helmick v. Kansas Employment Security Bd. of Review, 17 Kan. App. 2d 444, 839 P.2d 49 (1992). 10. Whether act was plaintiff's exclusive remedy in multicount action resulting from administrative license suspension examined. Lindenman v. Umscheid, 255 Kan. 610, 619, 875 P.2d 964 (1994). 11. Act not applicable to review of due process violation claim of inmate in administrative segregation. Amos v. Nelson, 260 Kan. 652, 656, 923 P.2d 1014 (1996). 12. When prison disciplinary proceedings subject to judicial review examined. Anderson v. McKune, 23 Kan. App. 2d 803, 809, 937 P.2d 16 (1997). 13. Act is exclusive means of judicial review of agency action and was only remedy for plaintiff's breach of contract claim. Schall v. Wichita State University, 269 Kan. 456, 7 P.3d 1144 (2000). 14. Mentioned in appeal of SRS federal adoption assistance payment decision. Ninemire v. Kansas Dept. of SRS, 284 Kan. 582, 585, 162 P.3d 22 (2007). 15. Exclusive remedy for review of motor carrier decision is under Kansas Act for Judicial Review (KJRA). Midwest Crane & Rigging, Inc. v. Kansas Corporation Commission, 38 Kan. App. 2d 269, 271, 163 P.3d 1244 (2007). 16. Appeals under K.S.A. 58-3509 are by trial de novo; Kansas act for judicial review does not apply. Frick v. City of Salina, 289 Kan. 1, 208 P.3d 739 (2009). 17. Breach of contract claims against state agency must be brought under Kansas act for judicial review and civil enforcement of agency actions. 10th Street Medical v. State, 42 Kan. App. 2d 249, 210 P.3d 670 (2009). 18. Kansas judicial review act no longer provides jurisdiction to hear the claims concerning confinement terms of the sexual predator treatment program. Merryfield v. Kansas Dept. of SRS, 43 Kan. App. 2d 1, 238 P.3d 743 (2009). 19. KJRA only applicable to "agency action" appeals, and thus district court had jurisdiction to review agency certification of breath-testing machine. State v. Ernesti, 291 Kan. 54, 239 P.3d 40 (2010). 20. Disciplinary decisions concerning inmates in the custody of the state are generally not subject to judicial review. May v. Cline, 304 Kan. 671, 674, 372 P.3d 1242 (2016). 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