Chapter 77 — STATUTES; ADMINISTRATIVE RULES AND REGULATIONS AND PROCEDURE

77-437. Rules and regulations of the secretary of corrections and Kansas adult authority subject to provisions of the rules and regulations filing act. All temporary and permanent rules and regulations of the secretary of corrections and the Kansas adult authority shall be subjec…

77-438. Guidance documents. (a) (1) A state agency may issue a guidance document without following the procedures set forth in this act for the adoption of rules and regulations. (2) For the purposes of this section, "guidance document" means a record of general applicability tha…

77-439. History: L. 1985, ch. 306, § 1; Repealed, L. 1988, ch. 366, § 50; June 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

77-440. Rules and regulations subject to five-year review; requirements; schedule for review; identifiable purpose required. (a) All rules and regulations adopted by state agencies under the provisions of K.S.A. 77-415 et seq., and amendments thereto, shall be reviewed every five…

77-441. Proposed rule and regulation requiring ratification by legislature, when; modification of proposed rule and regulation by state agency; provisions of this statute not applicable to certain rules and regulations. (a) (1) If an economic impact statement required by K.S.A. 7…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

77-501. Title. K.S.A. 77-501 through 77-566 shall be known and may be cited as the Kansas administrative procedure act. History: L. 1984, ch. 313, § 1; L. 2009, ch. 109, § 3; July 1. Law Review and Bar Journal References: "Challenging and Defending Agency Actions in Kansas," Stev…

77-502. Definitions. As used in this act: (a) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches of state government and political subdivisions of the stat…

77-503. Application and construction; computing period of time. (a) This act applies only to the extent that other statutes expressly provide that the provisions of this act govern proceedings under those statutes. (b) This act creates only procedural rights and imposes only proc…

77-503a. Information not disclosed in public record; when. (a) In any proceeding under the Kansas administrative procedure act, the presiding officer may provide for the omission from any required notice or order or otherwise keep out of the public record the name, address or oth…

77-504. Waiver. Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this act. History: L. 1984, ch. 313, § 4; July 1, 1985. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Docum…

77-505. Informal settlements; alternative dispute resolution. Nothing in the Kansas administrative procedure act shall preclude parties from settling a matter at any time. In addition, nothing in the Kansas administrative procedure act shall preclude use of alternative dispute re…

77-506. Conversion of proceedings. (a) At any point in a state agency proceeding the presiding officer or other state agency official responsible for the proceeding: (1) May convert the proceeding to another type of state agency proceeding if the conversion is appropriate, is in …

77-507. History: L. 1984, ch. 313, § 7; Repealed, L. 2009, ch. 109, § 29; July 1. Attorney General's Opinions: Act not applicable to city or county planning and zoning. 95-97. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived L…

77-507a. History: L. 1988, ch. 356, § 360; Repealed, L. 2009, ch. 109, § 29; July 1. CASE ANNOTATIONS 1. Unique circumstances doctrine excused party's untimely petition for reconsideration of workers compensation board ruling for appellate jurisdiction purposes. In re Tax Appeal …

77-508. Hearings, not required in certain circumstances. A hearing shall not be required for a decision: (a) To issue or not to issue a complaint, summons or similar accusation; or (b) to initiate or not to initiate an investigation, prosecution or other proceeding before the sta…

77-509. History: L. 1984, ch. 313, § 9; L. 1986, ch. 362, § 1; L. 1988, ch. 356, § 4; Repealed, L. 1989, ch. 283, § 26; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session…

77-510. History: L. 1984, ch. 313, § 10; Repealed, L. 1989, ch. 283, § 26; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

77-511. Time limits for processing application for an order or a request for a hearing; expiration of license, when. (a) Except to the extent that the time limits in this subsection are inconsistent with limits established by another statute, a state agency shall process an appli…

77-512. Orders affecting licensure; requirements. A state agency may not revoke, suspend, modify, annul, withdraw, refuse to renew, or amend a license unless the state agency first gives notice and an opportunity for a hearing in accordance with this act. This section does not pr…

77-513. Hearings, applicable procedures. When a statute provides for a hearing in accordance with this act, the hearing shall be governed by K.S.A. 77-513 through 77-532, and amendments thereto, except as otherwise provided by: (a) A statute other than this act; or (b) K.S.A. 77-…

77-514. Presiding officer. (a) For all agencies, except for the state board of tax appeals, the agency head, one or more members of the agency head or a presiding officer assigned by the office of administrative hearings shall be the presiding officer. (b) Any person serving or d…

77-515. Participation and representation. (a) Any party may participate in the hearing in person or, if the party is a corporation or other artificial person, by a duly authorized representative. (b) Whether or not participating in person, any party may be represented at the part…

77-516. Prehearing conference; notice. The presiding officer designated to conduct the hearing may conduct a prehearing conference. If the conference is conducted: (a) The state agency may assign a presiding officer for the prehearing conference, exercising the same discretion as…

77-517. Prehearing conference; procedure; prehearing order. (a) The presiding officer may conduct all or part of the prehearing conference by telephone or other electronic means if each participant in the conference has an opportunity to participate in the entire proceeding while…

77-518. Notice of hearing. (a) The presiding officer for the hearing shall set the time and place of the hearing and give reasonable written notice at least 10 days prior to the hearing to all parties and to all persons who have filed written petitions to intervene in the matter.…

77-519. Pleadings, motions, objections, briefs; service. (a) The presiding officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, objections and motions, including, but not limited to, motions to dismiss and motions for summa…

77-520. Default. (a) If a party fails to attend or participate in a prehearing conference, hearing or other stage of an adjudicative proceeding, the presiding officer may serve upon all parties written notice of a proposed default order, including a statement of the grounds. (b) …

77-521. Intervention. (a) The presiding officer shall grant a petition for intervention if: (1) The petition is submitted in writing to the presiding officer, with copies served upon all parties named in the presiding officer's notice of the hearing, at least three business days …

77-522. Discovery; authorization; requests; subpoenas, discovery orders and protective orders. (a) Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties. Requests for discovery shall be made in writing to the presiding officer …

77-523. Hearing procedure. At a hearing: (a) The presiding officer shall regulate the course of the proceedings. (b) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all parties the opportunity to respond, present…

77-524. Evidence; official notice. (a) A presiding officer need not be bound by technical rules of evidence, but shall give the parties reasonable opportunity to be heard and to present evidence, and the presiding officer shall act reasonably without partiality. The presiding off…

77-525. Ex parte communications; exemption for certain agencies. (a) A presiding officer serving in an adjudicative proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding while the proceeding is pending, with any party or participant, with a…

77-526. Orders, initial and final; exception for state corporation commission. (a) If the presiding officer is the agency head or designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto, the presiding officer shall render a final order. (b) If the pr…

77-527. Review of initial order; exceptions to reviewability. (a) The agency head, upon its own motion may, and upon petition by any party or when required by law shall, review an initial order, except to the extent that: (1) A provision of law precludes or limits state agency re…

77-528. Stay. Until the time at which a petition for judicial review would no longer be timely, a party may submit to the presiding officer or agency head a petition for stay of effectiveness of an initial or final order, unless otherwise provided by statute or stated in the init…

77-529. Reconsideration. (a) (1) Except as otherwise provided by paragraph (2), any party, within 15 days after service of a final order, may file a petition for reconsideration with the agency head, stating the specific grounds upon which relief is requested. The filing of the p…

77-530. Orders, when effective. (a) Unless a later date is stated in a final order or a stay is granted, a final order is effective upon service. (b) Unless a later date is stated in an initial order or a stay is granted, an initial order shall become effective and shall become t…

77-531. Service of order or notice. (a) Service of an order or notice shall be made upon the party and the party's attorney of record, if any, by: (1) Delivering a copy of the order or notice to the person to be served; (2) mailing a copy of the order or notice to the person at t…

77-532. Record. (a) A state agency shall maintain an official record of each formal hearing. (b) The state agency record consists only of: (1) Notices of all proceedings; (2) any prehearing order; (3) any motions, pleadings, briefs, petitions, requests, and intermediate rulings; …

77-533. Conference hearing; use, when. A conference hearing may be used if its use in the circumstances does not violate any provision of law and where there is: (a) A matter in which there is no disputed issue of material fact; or (b) a matter in which there is a disputed issue …

77-534. Procedure. The procedures of this act pertaining to formal hearings apply to a conference hearing, except to the following extent: (a) The provisions of K.S.A. 77-522, and amendments thereto, do not apply to conference hearings insofar as those provisions authorize the is…

77-535. Disclosure of material or essential facts. (a) If during a conference hearing the presiding officer has reason to believe that material facts are in dispute, the presiding officer may require any party to state the identity of the witnesses or other sources through whom t…

77-536. Emergency proceedings; use, when; procedure. (a) A state agency may use emergency proceedings: (1) In a situation involving an immediate danger to the public health, safety or welfare requiring immediate state agency action or (2) as otherwise provided by law. (b) The sta…

77-537. Summary proceedings; use, when; right to request hearing; orders, contents. (a) A state agency may use summary proceedings, subject to a party's request for a hearing on the order, if: (1) The use of those proceedings in the circumstances does not violate any provision of…

77-541. Same; record. (a) The state agency record for a summary proceeding consists of any documents regarding the matter that were considered or prepared by the state agency. The state agency shall maintain these documents as its official record. (b) Unless otherwise required by…

77-542. Right to request hearing; statement filed. (a) Any notice of agency action resulting in a right to request a hearing pursuant to the Kansas administrative procedure act must include a statement informing the person that a written request for a hearing must be filed with t…

77-545. State corporation commission; adjudicative proceedings; ex parte communications; file and docket, contents; technical staff, not party to proceedings. (a) This section applies to adjudicative proceedings before the state corporation commission. (b) (1) After the commissio…