Chapter 77, STATUTES; ADMINISTRATIVE RULES AND REGULATIONS AND PROCEDURE

77-204. Short title. This act may be cited as the uniform determination of death act. History: L. 1984, ch. 345, § 3; July 1. Source or prior law: 77-202.

77-205. Determination of death. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made…

77-206. Uniformity of construction and application. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: L. 1984, ch. 345, § 2; July 1.

77-207. Biological sex; application thereof to any state law or rule or regulation; application of intermediate constitutional scrutiny standard of review; important governmental objectives; collection of vital statistics. (a) Notwithstanding any provision of state law to the con…

77-415. Citation of act; effect of certain adjudications and orders; guidance documents; exclusions; definitions. (a) K.S.A. 77-415 through 77-440 and K.S.A. 2025 Supp. 77-441, and amendments thereto, shall be known and may be cited as the rules and regulations filing act. (b) (1…

77-415a. Secretary of state to file and publish rules and regulations; adoption of rules and regulations. The secretary of state shall file and publish all rules and regulations as provided by article 4 of chapter 77 of the Kansas Statutes Annotated. The secretary of state may ad…

77-415b. Rules and regulations continued in effect. All rules and regulations of state agencies which are in force and effect at the time this act takes effect shall continue to be effective and shall be deemed to be duly filed with the secretary of state as provided for by this …

77-416. Filing rules and regulations; citation of statutory authority; numbering; economic impact statement; review of economic impact statement by director of the budget; environmental benefit and economic impact statement. (a) Every state agency shall file with the secretary of…

77-417. Duties of secretary of state. (a) The secretary of state shall: (1) Endorse on each rule and regulation filed, the date of the filing thereof; (2) maintain a file of such rules and regulations for public inspection; (3) keep a complete record of all amendments and revocat…

77-418. Filing rules and regulations, form. All rules and regulations adopted by every state agency shall be filed with the secretary of state in a form and manner approved by the secretary of state. History: L. 1965, ch. 506, § 4; L. 1977, ch. 321, § 4; L. 1979, ch. 304, § 2; L.…

77-419. Revival or amendment of regulations; filing and publication. To revive or amend a rule and regulation, the new rule and regulation shall contain the entire section revived or amended, and any section so amended shall be revoked. For the purpose of filing in the office of …

77-420. Director of the budget; review of economic impact statement; approval or disapproval of rules and regulations; annual report to the legislature; approval of rules and regulations by secretary of administration and attorney general; requirements for filing with secretary o…

77-420a. Adoption of rules and regulations. No rule and regulation shall be adopted prior to the effective date of the statute authorizing its adoption, but prior to the effective date of such statute, the proposed rule and regulation may be submitted to the secretary of administ…

77-421. Notice and hearing; adoption procedure; new rulemaking proceedings, when required; minutes and records; open meetings required. (a) (1) Except as provided by subsection (a)(2), (a)(3) or (a)(4), prior to the adoption of any permanent rule and regulation or any temporary r…

77-421b. Proposed rules and regulations; copy for joint committee. As soon as possible after the filing of any proposed rules and regulations by a state agency as required by subsection (a) of K.S.A. 77-421, and amendments thereto, the secretary of state shall submit to the joint…

77-422. Temporary rules and regulations; requirements and grounds for adoption; numbering; effective date; expiration. (a) A rule and regulation may be adopted by a state agency as a temporary rule and regulation if the state agency and the state rules and regulations board finds…

77-423. State rules and regulations board; creation; membership; powers and duties. There is hereby created a state rules and regulations board consisting of the attorney general or the attorney general's designee, the secretary of state or the secretary of state's designee, the …

77-425. Effective date of permanent rules and regulations; effect of filing and publication; effect of revocation. Every rule and regulation other than a temporary rule and regulation which is filed by a state agency in the office of the secretary of state as provided in this act…

77-426. Existing rules and regulations continued in effect; effective date of permanent rules and regulations; filing with joint legislative committee; legislature may request revocation or amendment of rules and regulations; notice of revocation, requirements for expedited revoc…

77-429. Authentication of regulations by attorney general and secretary of state; rules and regulations database; duties of the secretary of state. (a) Before any Kansas administrative regulation is published by the secretary of state, such regulation shall be examined and compar…

77-430. Kansas administrative regulations; publication, distribution and sale; sale price fixed by secretary of state; disposition of receipts. (a) The secretary of state shall publish the Kansas administrative regulations in an electronic or paper medium. The secretary of state …

77-432a. Disposition of obsolete volumes and supplements. Whenever the secretary of state determines that any volume of Kansas administrative regulations or any annual supplement to the Kansas administrative regulations has become obsolete by reason of the publication of a later …

77-433. Duplication and distribution of regulations by agency, when. This act shall not be construed as prohibiting the duplication or distribution of rules and regulations by any agency of its properly adopted rules and regulations, if filed as provided by law, and funds are ava…

77-435. Editing of rules and regulations by secretary of state; edits may not change substantive meaning thereof. In publishing the material in the Kansas administrative regulations, the secretary of state shall not alter the sense, meaning or effect of any rule and regulation bu…

77-436. Joint committee on administrative rules and regulations; creation, membership and chairperson; meetings and quorum; duties; report to the legislature; compensation and expense allowances. (a) There is hereby established a joint committee on administrative rules and regula…

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…

77-440. 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…

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.

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 …

77-508. 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…

77-511. 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…