Review of disputed facts, extent

77-618. Review of disputed facts, extent. Judicial review of disputed issues of fact shall be confined to the agency record for judicial review as supplemented by additional evidence taken pursuant to this act, except that review of: (a) Orders of the director of workers' compensation under the workmen's compensation act shall be in accordance with K.S.A. 44-556, and amendments thereto; (b) orders of the Kansas human rights commission under the Kansas act against discrimination or the Kansas age discrimination in employment act shall be in accordance with K.S.A. 44-1011 and 44-1021, and amendments thereto; (c) orders of the division of vehicles, other than orders under K.S.A. 8-254, and amendments thereto, which deny, cancel, suspend or revoke a driver's license shall be in accordance with K.S.A. 8-259, and amendments thereto; (d) orders of the secretary of labor under K.S.A. 72-5413 through 72-5431, and amendments thereto, shall be in accordance with K.S.A. 72-5430a, and amendments thereto; (e) orders of the state fire marshal under K.S.A. 31-144, and amendments thereto, shall be in accordance with that section; and (f) orders of the state board of tax appeals under K.S.A. 74-2426, and amendments thereto, shall be in accordance with that section. History: L. 1984, ch. 338, § 18; L. 1985, ch. 308, § 2; L. 1986, ch. 318, § 9; L. 1991, ch. 148, § 12; L. 2004, ch. 179, § 144; L. 2016, ch. 112, § 6; July 1. Law Review and Bar Journal References: "Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 30 (1995). "American General Jurisdiction Trial Courts: New Visions, New Guidelines," Jeffrey A. Parness, 55 K.L.R. 189 (2006). CASE ANNOTATIONS 1. Willfulness of employee's act under K.S.A. 44-501 is question for factfinder; district court's finding affirmed. Carter v. Koch Engineering, 12 Kan. App. 2d 74, 86, 735 P.2d 247 (1987). 2. Amendment providing de novo review applies retrospectively. Angle v. Kansas Dept. of Revenue, 12 Kan. App. 2d 756, 762, 758 P.2d 226 (1988). 3. Appropriate standards of review as excluding city and county rezoning decisions examined. Landau v. City Council of Overland Park, 244 Kan. 257, 273, 767 P.2d 1290 (1989). 4. Standard of review to be applied by district courts in workers compensation cases determined. Monroe v. General Motors Corp., 13 Kan. App. 2d 460, 773 P.2d 683 (1989). 5. Scope of review in workers compensation cases (K.S.A. 44-556) not altered by act. Reeves v. Equipment Service Industries, Inc., 245 Kan. 165, 176, 777 P.2d 765 (1989). 6. Appellate court's standard of review in controversies arising under professional negotiations act (K.S.A. 72-5413 et seq.) examined. U.S.D. No. 352 v. NEA-Goodland, 246 Kan. 137, 139, 785 P.2d 993 (1990). 7. Judicial review of county appraiser's discretion in valuing individual items of personal property examined. In re Tax Appeal of Director of Property Valuation, 14 Kan. App. 2d 348, 351, 791 P.2d 1383 (1989). 8. 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). 9. Appellate court's evidence standard when reviewing district court's ruling in driver's license suspension cases examined. Zurawski v. Kansas Dept. of Revenue, 18 Kan. App. 2d 325, 327, 851 P.2d 1385 (1993). 10. Trial court did not err by considering affidavit not admitted during administrative hearing. Zorn v. Kansas Dept. of Revenue, 24 Kan. App. 2d 749, 750, 953 P.2d 1053 (1998). 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