Defenses; limitations on new issues and new evidence

77-625. Defenses; limitations on new issues and new evidence. A defendant may assert, in a proceeding for civil enforcement, any of the following defenses on which the court, to the extent necessary for the determination of the matter, may consider new issues or take new evidence: (a) The rule and regulation or order does not apply to the party; (b) the party has not violated the rule or order; (c) the party has violated the rule and regulation or order but has subsequently complied, but a party who establishes this defense is not necessarily relieved from any sanction provided by law for past violations; or (d) any other defense allowed by law. History: L. 1984, ch. 338, § 25; July 1. CASE ANNOTATIONS 1. 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). 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