Chapter 77 — STATUTES; ADMINISTRATIVE RULES AND REGULATIONS AND PROCEDURE

77-546. Commissioner of insurance; adjudicative proceedings; ex parte communications; file and docket, contents; technical staff, not party to proceedings. (a) This section applies to adjudicative proceedings before the commissioner of insurance concerning any rate, or any rule, …

77-547. Same; administrative proceedings; agency head, defined. For purposes of administrative proceedings of the insurance department under the Kansas administrative procedure act, "agency head" means the commissioner of insurance or the assistant commissioner of insurance, when…

77-548. Director of taxation; adjudicative proceedings; ex parte communications; file and docket, contents; technical staff, not party to proceedings. (a) This section applies to adjudicative proceedings before the director of taxation. Informal conferences held pursuant to K.S.A…

77-549. Same; application for an order; when proceedings required; agency head designation; final orders. (a) The filing of a return with the director of taxation under article 15, 32, 33, 34, 36, 37, 41, 42 or 47 of chapter 79 of the Kansas Statutes Annotated, and amendments the…

77-550. Division of property valuation; administrative proceedings; agency head, designation. For purposes of administrative proceedings of the division of property valuation under the Kansas administrative procedure act, the secretary of revenue may designate the director of the…

77-551. Hearing of state agencies; presiding officer. (a) Except as provided in subsection (b), in all hearings of any state agency that are required to be conducted in accordance with the provisions of the Kansas administrative procedure act, the presiding officer shall be the a…

77-561. Office of administrative hearings; director; employees. There is hereby established the office of administrative hearings. The office shall be administered by the director of administrative hearings. The director of administrative hearings shall be appointed by the govern…

77-562. Same; transfer of powers, duties and functions from department of administration office of administrative hearings; successor thereto; rules and regulations; title to property. On and after July 1, 2009: (a) Except as otherwise provided by this act, all of the powers, dut…

77-563. Same; officers and employees transferred; benefits and rights. Except as otherwise provided in this act, on July 1, 2009, any presiding officer in the administrative hearings section of all agencies which conduct hearings pursuant to the Kansas administrative procedure ac…

77-564. Same; conflicts as to power, function or duty to be resolved by governor. On and after July 1, 2009: (a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, at…

77-565. Same; legal custody of records transferred; no abatement of suits, actions or proceedings. On and after July 1, 2009: (a) The office of administrative hearings shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinatio…

77-566. Same; balance of funds and liabilities transferred. (a) On and after July 1, 2009, the balance of all funds appropriated and reappropriated to the office of administrative hearings within the department of administration concerning adjudicative proceedings of the Kansas a…

[Repealed or reserved.]

77-601. Title. K.S.A. 77-601 through 77-631 shall be known and may be cited as the Kansas judicial review act. History: L. 1984, ch. 338, § 1; L. 2009, ch. 109, § 23; July 1. Law Review and Bar Journal References: "Challenging and Defending Agency Actions in Kansas," Steve Leben,…

77-602. Definitions. As used in this act: (a) "Agency" means a state agency. (b) "Agency action" means: (1) The whole or a part of a rule and regulation or an order; (2) the failure to issue a rule and regulation or an order; or (3) an agency's performance of, or failure to perfo…

77-603. Application and construction. (a) This act applies to all agencies and all proceedings for judicial review and civil enforcement of agency actions not specifically exempted by statute from the provisions of this act. (b) This act creates only procedural rights and imposes…

77-604. 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. 338, § 4; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents A…

77-605. History: L. 1984, ch. 338, § 5; Repealed, L. 2009, ch. 109, § 29; July 1. CASE ANNOTATIONS 1. Action commenced prior to section's effective date; act not applicable to licensure revocation review. Bannon v. Kansas Real Estate Comm'n, 12 Kan. App. 2d 54, 57, 733 P.2d 330 (…

77-606. Act exclusive means of review. In accordance with K.S.A. 77-603 and amendments thereto, this act establishes the exclusive means of judicial review of agency action. History: L. 1984, ch. 338, § 6; L. 1986, ch. 318, § 3; July 1. Law Review and Bar Journal References: "The…

77-607. Persons entitled to review; final agency action. (a) A person who qualifies under this act regarding (1) standing (K.S.A. 77-611), (2) exhaustion of administrative remedies (K.S.A. 77-612) and (3) time for filing the petition for judicial review (K.S.A. 77-613) and other …

77-608. Same; nonfinal agency action. A person is entitled to interlocutory review of nonfinal agency action only if: (a) It appears likely that the person will qualify under K.S.A. 77-607 for judicial review of the related final agency action; and (b) postponement of judicial re…

77-609. Jurisdiction, venue. (a) The district court shall conduct judicial review except when: (1) A statute specifically provides for review of an agency action by appeal directly to the court of appeals; or (2) otherwise provided by law. (b) Except as otherwise provided by K.S.…

77-610. Initiation of action; form of action. Judicial review is initiated by filing a petition for judicial review in the appropriate court and payment of the docket fee as required by K.S.A. 60-2001 and amendments thereto. A petition for judicial review may seek any type of rel…

77-611. Standing. The following persons have standing to obtain judicial review of final or nonfinal agency action: (a) A person to whom the agency action is specifically directed; (b) a person who was a party to the agency proceedings that led to the agency action; (c) if the ch…

77-612. Exhaustion of administrative remedies. A person may file a petition for judicial review under this act only after exhausting all administrative remedies available within the agency whose action is being challenged and within any other agency authorized to exercise adminis…

77-613. Time for filing petition; service of order, pleading or other matter. Subject to other requirements of this act or of another statute: (a) A petition for judicial review of a rule and regulation may be filed at any time, except as otherwise provided by law. (b) If reconsi…

77-614. Petition; filing and contents; responsive pleading, filing and service. (a) A petition for judicial review shall be filed with the clerk of the court. (b) A petition for judicial review shall set forth: (1) The name and mailing address of the petitioner; (2) the name and …

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 r…

77-616. Stay and other temporary remedies. (a) Unless precluded by law, the agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review. (b) A party may file a motion in the reviewing court, during the pendency of judicial revie…

77-617. Limitations on new issues. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that: (a) The agency did not have jurisdiction to grant an adequate remedy based on a determination of the issue; (b) the agency action sub…

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' compens…

77-619. Additional evidence. (a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding: (1) Imprope…

77-620. Agency record; contents, preparation, transmittal, cost. (a) Within 30 days after service of the petition for judicial review, or within further time allowed by the court or by other provision of law, the agency shall transmit to the court the original or a certified copy…

77-621. Scope of review. (a) Except to the extent that this act or another statute provides otherwise: (1) The burden of proving the invalidity of agency action is on the party asserting invalidity; and (2) the validity of agency action shall be determined in accordance with the …

77-622. Relief on final disposition. (a) The court may award damages or compensation only to the extent expressly authorized by another provision of law. (b) The court may grant other appropriate relief, whether mandatory, injunctive or declaratory; preliminary or final; temporar…

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," D…

77-624. Initiation of action; petition; venue; form of action. (a) In addition to other remedies provided by law, an agency may seek enforcement of its rule and regulation or order by filing a petition for civil enforcement in the district court. (b) The petition shall name, as d…

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…

77-626. Agency record. Proceedings for civil enforcement shall be governed by the provisions of K.S.A. 77-620 as modified where necessary to adapt them to those proceedings. History: L. 1984, ch. 338, § 26; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies…

77-627. Review by higher court. Decisions on petitions for civil enforcement are reviewable by the appellate courts as in other civil cases. History: L. 1984, ch. 338, § 27; July 1. CASE ANNOTATIONS 1. Cited; scope of judicial review on appeal from KCC rate-making order in re Wol…

77-631. Failure of agency to act in timely manner, interlocutory review of agency's failure to act. (a) A person aggrieved by the failure of an agency to act in a timely manner as required by K.S.A. 77-526 or 77-549, and amendments thereto, or as otherwise required by law, is ent…

77-701. Short title. On and after January 1, 1996, this act shall be known and may be cited as the private property protection act. History: L. 1995, ch. 170, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC M…

77-702. Public policy; purpose of act. On and after January 1, 1996, it is the public policy of the state of Kansas that state agencies, in planning and carrying out governmental actions, anticipate, be sensitive to and account for the obligations imposed by the fifth and the 14t…

77-703. Definitions. On and after January 1, 1996, as used in this act, unless the context requires otherwise: (a) "Take" or "taking" means, due to a governmental action, private property is taken or its use is restricted or limited by a governmental action such that compensation…

77-704. Attorney general to establish guidelines for state agencies to follow. The attorney general for the state of Kansas shall establish on or before January 1, 1996, and update annually guidelines to assist state agencies in evaluating proposed governmental actions and in det…

77-705. Same; promulgation of rules and regulations. On and after January 1, 1996, the guidelines developed by the attorney general shall be adhered to by state agencies in promulgating rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto. History: L. 1…

77-706. Written report prepared by state agency prior to governmental action; guidelines. On and after January 1, 1996: (a) Before any governmental action is initiated, the state agency shall prepare a written report available for public inspection that follows the guidelines est…

77-707. State agencies evaluate and review rules and regulations. On or before January 1, 1997, each state agency shall: (a) Review and evaluate all of the agency's existing rules and regulations in accordance with the guidelines issued by the attorney general pursuant to this ac…

77-708. Court determination of a taking that effects property valuation. On and after January 1, 1996, if a state district or appellate court or state agency pursuant to this act determines that a governmental action has resulted in a taking, the effect on the valuation for prope…

77-709. Attorney fees and expenses. On and after January 1, 1996, the court may award reasonable attorney fees and expenses to an owner of private property who successfully establishes that a governmental action constitutes a taking of such owner's private property. History: L. 1…