reglab/housing_qa huggingface dataset:
KS Stat § 77-535 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-535 Disclosure of material or essential facts.

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 the party would propose to present proof if the proceeding were converted to a formal hearing, but if disclosure of any fact, allegation or source is privileged or expressly prohibited by any provision of law, the presiding officer may require the party to indicate that confidential facts, allegations or sources are involved, but not to disclose the confidential facts, allegations or sources.(b) If during a conference hearing a party has reason to believe that essential facts must be obtained in order to permit an adequate presentation of the case, the party may inform the presiding officer regarding the general nature of the facts and the sources from whom the party would propose to obtain those facts if the proceeding were converted to a formal hearing.History: L. 1984, ch. 313, § 35; L. 1988, ch. 356, § 20; July 1, 1989.
KS Stat § 77-536 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-536 Emergency proceedings; use, when; procedure.

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 state agency may take only such action as is necessary: (1) To prevent or avoid the immediate danger to the public health, safety or welfare that justifies use of emergency adjudication or (2) to remedy a situation for which use of emergency adjudication is otherwise provided by law.(c) The state agency shall render an order, including a brief statement of findings of fact, conclusions of law and policy reasons for the decision if it is an exercise of the state agency's discretion, to justify the state agency's decision to take the specific action and the determination of: (1) An immediate danger or (2) the existence of a situation for which use of emergency adjudication is otherwise provided by law.(d) The state agency shall give such notice as is practicable to persons who are required to comply with the order. The order is effective when rendered. Notice under this subsection shall constitute service for the purposes of the Kansas judicial review act.(e) After issuing an order pursuant to this section, the state agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not justify the use of emergency proceedings under subsection (a).(f) The state agency record 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.(g) Unless otherwise required by a provision of law, the state agency record need not constitute the exclusive basis for state agency action in emergency proceedings or for judicial review thereof.History: L. 1984, ch. 313, § 36; L. 1988, ch. 356, § 21; L. 2010, ch. 17, § 208; July 1.
KS Stat § 77-537 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-537 Summary proceedings; use, when; right to request hearing; orders, contents.

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 law;(2) the protection of the public interest does not require the state agency to give notice and an opportunity to participate to persons other than the parties;(3) based upon an investigation of the facts by the state agency, beyond receipt of the allegations, the state agency believes in good faith that the allegations will be supported to the applicable standard of proof, provided however that an alleged failure to meet the standards set forth in this subsection shall not be subject to immediate judicial review and shall not invalidate any later agency action that has been supported to the applicable standard of proof; and(4) the order does not take effect until after the time for requesting a hearing has expired.(b) The state agency shall serve each party with a copy of the order in a summary proceeding in the manner prescribed by K.S.A. 77-531, and amendments thereto. The order shall include at least:(1) A statement of the state agency's action and, if unfavorable action is taken, a brief statement of the reasons for the action;(2) notice of the time and manner for requesting a hearing on the order, as provided in K.S.A. 77-542; and(3) notice that, if a hearing is not requested, the order shall become effective upon the expiration of the time for requesting a hearing.(c) If a hearing is requested, the prior issuance of a summary order shall not affect the burden of proof.History: L. 1984, ch. 313, § 37; L. 1988, ch. 356, § 22; L. 1989, ch. 283, § 6; L. 1990, ch. 340, § 1; L. 2009, ch. 109, § 19; July 1.
KS Stat § 77-541 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-541 Same; record.

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 a provision of law, the agency record need not constitute the exclusive basis for agency action in summary proceedings or for judicial review thereof.History: L. 1984, ch. 313, § 41; L. 1988, ch. 356, § 26; L. 1989, ch. 283, § 7; July 1.
KS Stat § 77-542 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-542 Right to request hearing; statement filed.

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 the agency within 15 days of service of the notice.(b) The time limit for requesting a hearing established by subsection (a) may be lengthened or shortened as otherwise provided by state or federal law.History: L. 1990, ch. 340, § 2; July 1.
KS Stat § 77-547 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-547 Same; administrative proceedings; agency head, defined.

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 acting on behalf of the commissioner.History: L. 1988, ch. 356, § 358; July 1, 1989.
KS Stat § 77-549 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-549 Same; application for an order; when proceedings required; agency head designation; final orders.

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 thereto, shall not be deemed an application for an order under the Kansas administrative procedure act.(b) A determination by the division of taxation or the audit services bureau of the department of revenue concerning tax liability under article 15, 32, 33, 34, 36, 37, 41, 42 or 47 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, which is made prior to the opportunity for a hearing or prior to the opportunity for an informal conference before the secretary or the secretary's designee on such tax liability, shall not require an adjudicative proceeding under the Kansas administrative procedure act.(c) For purposes of administrative proceedings of the division of taxation under the Kansas administrative procedure act, the secretary of revenue may designate the director of the division of taxation as agency head.(d) Final orders of the director of taxation pursuant to K.S.A. 77-526, and amendments thereto, shall be rendered in writing and served within 120 days after conclusion of the hearing or after submission of proposed findings in accordance with subsection (f) of K.S.A. 77-526, and amendments thereto, unless this period is waived or extended with the written consent of all parties or for good cause shown. If extended for good cause, such good cause shall be set forth in writing on or before the expiration of the 120 days.History: L. 1988, ch. 356, § 359; L. 1995, ch. 175, § 8; L. 1997, ch. 126, § 7; L. 2004, ch. 145, § 40; L. 2009, ch. 109, § 20; July 1.
KS Stat § 77-550 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-550 Division of property valuation; administrative proceedings; agency head, designation.

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 division of property valuation as agency head.History: L. 1994, ch. 139, § 1; L. 1997, ch. 126, § 8; L. 2004, ch. 145, § 41; L. 2009, ch. 109, § 21; July 1.
KS Stat § 77-551 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-551 Hearing of state agencies; presiding officer.

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 agency head, one or more members of the agency head or a presiding officer assigned by the office of administrative hearings.(b) The provisions of this section shall not apply to the employment security law, pursuant to K.S.A. 44-701 et seq., and amendments thereto or article 5 of chapter 44 and amendments thereto, except K.S.A. 44-532 and 44-5,120, and amendments thereto, concerning the workers compensation act.(c) Notwithstanding subsection (a) the agency head or one or more members of the agency head who will serve as a presiding officer may designate any other person to serve as a presiding officer to determine procedural matters that may arise prior to the hearing on the merits, including but not limited to conducting prehearing conferences pursuant to K.S.A. 77-516 and 77-517, and amendments thereto.History: L. 1997, ch. 182, § 90; L. 2004, ch. 145, § 42; L. 2009, ch. 109, § 22; July 1.
KS Stat § 77-561 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-561 Office of administrative hearings; director; employees.

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 governor pursuant to K.S.A. 75-4315a, and amendments thereto, and shall have special training and qualifications for such position. The director of administrative hearings shall employ, and fix compensation of, such assistants or clerks as the director of administrative hearings may from time to time deem necessary.History: L. 2004, ch. 145, § 1; July 1.
KS Stat § 77-563 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-563 Same; officers and employees transferred; benefits and rights.

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 act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings established under this act. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state which had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment had occurred.History: L. 2004, ch. 145, § 3; July 1.
KS Stat § 77-564 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-564 Same; conflicts as to power, function or duty to be resolved by governor.

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, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.(b) The office of administrative hearings shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the office of administrative hearings. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.History: L. 2004, ch. 145, § 4; July 1.
KS Stat § 77-565 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-565 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.

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 combinations thereof of any act, transaction, occurrence or event of the office of administrative hearings within the department of administration concerning adjudicative proceedings of the Kansas administrative procedure act and any agency or office transferred thereto under this act.(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.History: L. 2004, ch. 145, § 5; July 1.
KS Stat § 77-566 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-566 Same; balance of funds and liabilities transferred.

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 administrative procedure act is hereby transferred to the office of administrative hearings and shall be used only for the purpose for which the appropriation was originally made.(b) On and after July 1, 2009, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the office of administrative hearings within the department of administration concerning adjudicative proceedings of the Kansas administrative procedure act, or who become a part of the office of administrative hearings established by this act, or the powers, duties and functions of which are transferred to the office of administrative hearings provided for by this act, shall be assumed and paid by the office of administrative hearings established by this act.History: L. 2004, ch. 145, § 6; July 1.
KS Stat § 77-601 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-601 Title.

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.
KS Stat § 77-602 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-602 Definitions.

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 perform, any other duty, function or activity, discretionary or otherwise.(c) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.(d) "License" means a franchise, permit, certification, approval, registration, charter or similar form of authorization required by law.(e) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons.(f) "Party to agency proceedings," or "party" in context so indicating, means:(1) A person to whom the agency action is specifically directed; or(2) a person named as a party to any agency proceeding or allowed to intervene or participate as a party in the proceeding.(g) "Party to judicial review or civil enforcement proceedings," or "party" in context so indicating, means:(1) A person who files a petition for judicial review; or(2) a person named as a party in a proceeding for judicial review or civil enforcement or allowed to participate as a party in the proceeding.(h) "Person" means an individual, partnership, corporation, association, political subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.(i) "Rule and regulation" means a standard, statement of policy or general order, including amendments or revocations thereof, of general application and having the effect of law, issued or adopted by an agency to implement or interpret legislation enforced or administered by such agency or to govern the organization of procedure of such agency.(j) "Rulemaking" means the process for formulation and adoption of a rule and regulation.(k) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state which is authorized by law to administer, enforce or interpret any law of this state but does not include any political or taxing subdivision of the state, or any agency thereof, or the judicial or legislative branch of state government.History: L. 1984, ch. 338, § 2; L. 1986, ch. 318, § 1; July 1.
KS Stat § 77-603 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-603 Application and construction.

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 only procedural duties. They are in addition to those created and imposed by other statutes.(c) This act does not apply to agency actions:(1) Of the prisoner review board concerning inmates or persons under parole or conditional release supervision;(2) concerning the management, discipline or release of persons in the custody of the secretary of corrections;(3) concerning the management, discipline or release of persons in the custody of the commissioner of juvenile justice;(4) under the election laws contained in chapter 25 of the Kansas Statutes Annotated, and amendments thereto, except as provided by K.S.A. 25-4185, and amendments thereto;(5) concerning pardon, commutation of sentence, clemency or extradition;(6) concerning military or naval affairs other than actions relating to armories;(7) governed by the provisions of the open records act and subject to an action for enforcement pursuant to K.S.A. 45-222, and amendments thereto; or(8) governed by the provisions of K.S.A. 75-4317 et seq., and amendments thereto, relating to open public meetings, and subject to an action for civil penalties or enforcement pursuant to K.S.A. 75-4320 or 75-4320a, and amendments thereto.History: L. 1984, ch. 338, § 3; L. 1986, ch. 318, § 2; L. 1988, ch. 369, § 7; L. 2005, ch. 9, § 1; L. 2009, ch. 109, § 24; L. 2012, ch. 16, § 39; L. 2015, ch. 95, § 15; July 1.
KS Stat § 77-604 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-604 Waiver.

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.
KS Stat § 77-606 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-606 Act exclusive means of review.

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.