Petition, service and notice

77-615. Petition, service and notice. (a) A petitioner for judicial review shall serve a copy of the petition in the manner provided by subsection (e) of K.S.A. 77-613, and amendments thereto, upon the agency head, on any other person or persons designated by the agency head to receive service, on any agency officer designated to receive service in an order or on the agency officer who signs an order. (b) The petitioner shall give notice of the petition for judicial review to all other parties in any adjudicative proceedings that led to the agency action. History: L. 1984, ch. 338, § 15; L. 1986, ch. 318, § 8; L. 1995, ch. 175, § 12; 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, 67 (1985). "Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 35, 36, 37 (1995). CASE ANNOTATIONS 1. Act contains no provision for substantial compliance with service requirement. Claus v. Kansas Dept. of Revenue, 16 Kan. App. 2d 12, 13, 825 P.2d 172 (1991). 2. Cited in holding personal service requirement of notice of suspension of driver's license (K.S.A. 8-1002(c)) mandatory; "substantial compliance" insufficient. Anderson v. Kansas Dept. of Revenue, 18 Kan. App. 2d 347, 353, 853 P.2d 69 (1993). 3. Who should receive service and notice of petition for judicial review of agency action examined. Hale v. Substance Abuse Center East, Inc., 19 Kan. App. 2d 569, 570, 873 P.2d 932 (1994). 4. Cited; K.S.A. 77-615 applies to adjudicative proceedings; proceedings under KJRA construed broadly to refer to "process" used by agency. Board of Sumner County Comm'rs v. Bremby, 286 Kan. 745, 756, 760, 761, 189 P.3d 494 (2008). 5. Failure to serve in accordance with K.S.A. 77-615 held to deprive district and appellate court of jurisdiction; the secretary of SRS is the designated representative for service upon that agency. Price v. Kansas Dept. of SRS, 39 Kan. App. 2d 86, 87, 88, 176 P.3d 1002 (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