Review by higher court

77-623. Review by higher court. Decisions on petitions for judicial review of agency action are reviewable by the appellate courts as in other civil cases. History: L. 1984, ch. 338, § 23; July 1. Law Review and Bar Journal References: "Appellate Court Jurisdiction: An Update," Debra S. Byrd, 58 J.K.B.A. No. 1, 21, 23, (1989). "Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 35 (1995). "Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997). CASE ANNOTATIONS 1. Cited; review of KCC jurisdiction, regulatory authority as dependent on finding of common source of supply examined. Zinke & Trumbo, Ltd. v. Kansas Corporation Comm'n, 242 Kan. 470, 490, 749 P.2d 21 (1988). 2. Cited; rule herein modified by firm commitment to rule of liberal construction in workers compensation cases noted. Poole v. Earp Meat Co., 242 Kan. 638, 643, 750 P.2d 1000 (1988). 3. 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). 4. Cited; taxpayer's lack of standing to challenge expenditure of tax funds under K.S.A. 75-2005 examined. Crow v. Board of Shawnee County Comm'rs, 243 Kan. 287, 289, 755 P.2d 545 (1988). 5. Appellate court's standard of review in controversies arising under professional negotiations act (K.S.A. 72-5413 et seq.) determined. U.S.D. No. 352 v. NEA-Goodland, 246 Kan. 137, 140, 785 P.2d 993 (1990). 6. Appellate review of actions of workers compensation director (K.S.A. 44-556) noted. Sawyer v. Oldham's Farm Sausage Co., 246 Kan. 327, 330, 787 P.2d 697 (1990). 7. Appellate review of agency action same as other civil cases; court to interpret statute to give it intended effect. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 247 Kan. 519, 524, 802 P.2d 516 (1990). 8. 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, 328, 851 P.2d 1385 (1993). 9. School board's refusal to negotiate evaluation procedures for implementing new teacher evaluation criteria determined a prohibited practice under K.S.A. 72-5430(b)(5). U.S.D. No. 314 v. Kansas Dept. of Human Resources, 18 Kan. App. 2d 596, 598, 856 P.2d 1343 (1993). 10. Standard of review in driver's license suspension cases discussed. Lincoln v. Kansas Dept. of Revenue, 18 Kan. App. 2d 635, 637, 856 P.2d 1357 (1993). 11. Whether BOTA's property valuation decision was supported by substantial competent evidence examined. Sunflower Racing, Inc. v. Board of Wyandotte County Comm'rs, 256 Kan. 426, 440, 885 P.2d 1233 (1994). 12. Whether district court erred by granting personal property tax exemption for motor vehicles owned by native American examined. In re Tax Exemption Application of Oyler, 256 Kan. 589, 590, 887 P.2d 81 (1994). 13. Whether contract provision was mandatory subject of bargaining between employer and state employees examined. State Dept. of Administration v. Public Employees Relations Bd., 257 Kan. 275, 281, 894 P.2d 777 (1995). 14. Whether workers compensation board has authority to substitute its judgment for ALJ's decision in reviewing administrative decisions examined. Helms v. Tollie Freightways, Inc. 20 Kan. App. 2d 548, 551, 889 P.2d 1151 (1995). 15. Workers compensation time limits for appeals of workers compensation board decisions govern over civil procedure code (K.S.A. 60-2101 et seq.). Jones v. Continental Can Co., 260 Kan. 547, 555, 920 P.2d 939 (1996). 16. Cited; Indian land excluded from boundaries of state not subject to taxation unless specifically included by treaty or act of Congress; state taxation of fee-patented Indian-owned land may be proper. In re Tax Exemption Application of Kaul, 261 Kan. 755, 765, 933 P.2d 717 (1997). 17. Request for hearing under K.S.A. 72-5446 denied by school board; district court's order to hold board hearing not appealable. Nickels v. Board of Education of U.S.D. No. 453, 38 Kan. App. 2d 929, 930, 173 P.3d 1176 (2008). 18. Party cannot collaterally attack a final agency order in a civil enforcement action by the agency. State ex rel. Bremby v. Thorson, 42 Kan. App. 2d 188, 210 P.3d 132 (2009). 19. Appellate courts lack jurisdiction to hear piecemeal appeals from Kansas judicial review act claims. Goldman v. Univeristy of Kansas, 52 Kan. App. 2d 222, 226, 365 P.3d 435 (2015). 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