reglab/housing_qa huggingface dataset:
KS Stat § 77-607 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-607 Persons entitled to review; final agency action.

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 applicable provisions of law regarding bond, compliance and other preconditions is entitled to judicial review of final agency action, whether or not the person has sought judicial review of any related nonfinal agency action.(b) For purposes of this section and K.S.A. 77-608:(1) "Final agency action" means the whole or a part of any agency action other than nonfinal agency action;(2) "Nonfinal agency action" means the whole or a part of an agency determination, investigation, proceeding, hearing, conference or other process that the agency intends or is reasonably believed to intend to be preliminary, preparatory, procedural or intermediate with regard to subsequent agency action of that agency or another agency.History: L. 1984, ch. 338, § 7; July 1.
KS Stat § 77-608 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-608 Same; nonfinal agency action.

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 review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement.History: L. 1984, ch. 338, § 8; July 1.
KS Stat § 77-609 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-609 Jurisdiction, venue.

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.A. 8-259, 31-144, 44-556, 72-5430a and 74-2426, and amendments thereto, venue is in the county in which the order or agency action is entered or is effective or the rule and regulation is promulgated.History: L. 1984, ch. 338, § 9; L. 1986, ch. 318, § 4; July 1.
KS Stat § 77-610 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-610 Initiation of action; form of action.

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 relief available under K.S.A. 77-622 and amendments thereto. If a petition seeks any type of relief available under K.S.A. 77-622 and amendments thereto, such petition shall be deemed a petition for judicial review under this section, however such petition may be characterized on the face thereof.History: L. 1984, ch. 338, § 10; L. 1986, ch. 318, § 5; July 1.
KS Stat § 77-611 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-611 Standing.

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 challenged agency action is a rule and regulation, a person subject to that rule; or(d) a person eligible for standing under another provision of law.History: L. 1984, ch. 338, § 11; July 1.
KS Stat § 77-612 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-612 Exhaustion of administrative remedies.

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 administrative review, but:(a) A petitioner for judicial review of a rule or regulation need not have participated in the rulemaking proceeding upon which that rule and regulation is based, or have petitioned for its amendment or repeal;(b) a petitioner for judicial review need not exhaust administrative remedies to the extent that this act or any other statute states that exhaustion is not required;(c) a petitioner for judicial review need not seek reconsideration unless a statute makes the filing of a petition for reconsideration a prerequisite for seeking judicial review; and(d) the court may relieve a petitioner of the requirement to exhaust any or all administrative remedies to the extent that the administrative remedies are inadequate or would result in irreparable harm.History: L. 1984, ch. 338, § 12; L. 1995, ch. 175, § 9; L. 2009, ch. 109, § 25; July 1.
KS Stat § 77-614 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-614 Petition; filing and contents; responsive pleading, filing and service.

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 mailing address of the agency whose action is at issue;(3) identification of the agency action at issue, together with a duplicate copy, summary or brief description of the agency action;(4) identification of persons who were parties in any adjudicative proceedings that led to the agency action;(5) facts to demonstrate that the petitioner is entitled to obtain judicial review;(6) the petitioner's reasons for believing that relief should be granted; and(7) a request for relief, specifying the type and extent of relief requested.(c) Failure to include some of the information listed in subsection (b) in the initial petition does not deprive the reviewing court of jurisdiction over the appeal. Leave to supplement the petition with omitted information required by subsection (b) shall be freely given when justice so requires.(d) Within 30 days after service on the agency or notice to other parties of the petition as provided in K.S.A. 77-615, and amendments thereto, a party to judicial review proceedings may file an answer or other responsive pleading and shall serve a copy of any such answer or pleading in the manner provided by subsection (e) of K.S.A. 77-613, and amendments thereto, upon all parties to the proceedings.(e) In any method of serving process, substantial compliance shall effect valid service of process if the court finds that, notwithstanding some irregularity or omission, the party served was made aware that the petition or appeal had been filed.History: L. 1984, ch. 338, § 14; L. 1986, ch. 318, § 7; L. 1995, ch. 175, § 11; L. 2009, ch. 109, § 26; July 1.
KS Stat § 77-615 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-615 Petition, service and notice.

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 receive service, on any agency officer designated to receive service in an order or on the agency officer who signs an order.(b) The petitioner shall give notice of the petition for judicial review to all other parties in any adjudicative proceedings that led to the agency action.History: L. 1984, ch. 338, § 15; L. 1986, ch. 318, § 8; L. 1995, ch. 175, § 12; July 1.
KS Stat § 77-616 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-616 Stay and other temporary remedies.

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 review, seeking interlocutory review of the agency's action on an application for stay or other temporary remedies.(c) If the agency has found that its action on an application for stay or other temporary remedies is justified to protect against a substantial threat to the public health, safety or welfare, the court may not grant relief unless it finds that:(1) The applicant is likely to prevail when the court finally disposes of the matter;(2) without relief the applicant will suffer irreparable injury;(3) the grant of relief to the applicant will not substantially harm other parties to the proceedings; and(4) the threat to the public health, safety or welfare relied on by the agency is not sufficiently serious to justify the agency's action in the circumstances.(d) If subsection (c) does not apply, the court shall grant relief if it finds, in its independent judgment, that the agency's action on the application for stay or other temporary remedies was unreasonable in the circumstances.(e) If the court determines that relief should be granted from the agency's action on an application for stay or other temporary remedies, the court may remand the matter to the agency with directions to deny a stay, to grant a stay on appropriate terms or to grant other temporary remedies, or the court may issue an order denying a stay, granting a stay on appropriate terms or granting other temporary remedies. As used in this subsection, "appropriate terms" may include requirement of a bond.(f) Except as otherwise authorized by rule of the supreme court, the court shall not issue any ex parte order pursuant to this section.(g) This section shall not apply to proceedings under K.S.A. 66-118g through 66-118k, and amendments thereto.History: L. 1984, ch. 338, § 16; July 1.
KS Stat § 77-617 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-617 Limitations on new issues.

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 subject to judicial review is a rule and regulation and the person has not been a party in adjudicative proceedings which provided an adequate opportunity to raise the issue;(c) the agency action subject to judicial review is an order and the person was not notified of the adjudicative proceeding; or(d) the interests of justice would be served by judicial resolution of an issue arising from:(1) A change in controlling law occurring after the agency action; or(2) agency action occurring or first reasonably knowable to the person after the person exhausted the last feasible opportunity for seeking relief from the agency.History: L. 1984, ch. 338, § 17; L. 1987, ch. 184, § 4; L. 2009, ch. 109, § 27; July 1.
KS Stat § 77-618 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-618 Review of disputed facts, extent.

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' compensation under the workmen's compensation act shall be in accordance with K.S.A. 44-556, and amendments thereto;(b) orders of the Kansas human rights commission under the Kansas act against discrimination or the Kansas age discrimination in employment act shall be in accordance with K.S.A. 44-1011 and 44-1021, and amendments thereto;(c) orders of the division of vehicles, other than orders under K.S.A. 8-254, and amendments thereto, which deny, cancel, suspend or revoke a driver's license shall be in accordance with K.S.A. 8-259, and amendments thereto;(d) orders of the secretary of labor under K.S.A. 72-5413 through 72-5431, and amendments thereto, shall be in accordance with K.S.A. 72-5430a, and amendments thereto;(e) orders of the state fire marshal under K.S.A. 31-144, and amendments thereto, shall be in accordance with that section; and(f) orders of the state board of tax appeals under K.S.A. 74-2426, and amendments thereto, shall be in accordance with that section.History: L. 1984, ch. 338, § 18; L. 1985, ch. 308, § 2; L. 1986, ch. 318, § 9; L. 1991, ch. 148, § 12; L. 2004, ch. 179, § 144; L. 2016, ch. 112, § 6; July 1.
KS Stat § 77-619 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-619 Additional evidence.

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) Improper constitution as a decision-making body; or improper motive or grounds for disqualification, of those taking the agency action; or(2) unlawfulness of procedure or of decision-making process.(b) The court may remand a matter to the agency, before final disposition of a petition for judicial review, with directions that the agency conduct fact-finding and other proceedings the court considers necessary and that the agency take such further action on the basis thereof as the court directs, if:(1) The agency was required to base its action exclusively on a record of a type reasonably suitable for judicial review, but the agency failed to prepare or preserve an adequate record;(2) the court finds that (A) new evidence has become available that relates to the validity of the agency action at the time it was taken, that one or more of the parties did not know and was under no duty to discover, or did not know and was under a duty to discover but could not reasonably have discovered until after the agency action, and (B) the interests of justice would be served by remand to the agency;(3) the agency improperly excluded or omitted evidence from the record; or(4) a relevant provision of law changed after the agency action and the court determines that the new provision may control the outcome.History: L. 1984, ch. 338, § 19; July 1.
KS Stat § 77-620 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-620 Agency record; contents, preparation, transmittal, cost.

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 of the agency record for judicial review of the agency action, consisting of any agency documents expressing the agency action, other documents identified by the agency as having been considered by it before its action and used as a basis for its action and any other material required by law as the agency record for the type of agency action at issue, subject to the provisions of this section.(b) If part of the record has been preserved without a transcript, the agency shall prepare a transcript for inclusion in the record transmitted to the court, except for portions that the parties stipulate to omit in accordance with subsection (c). Unless otherwise ordered by the court, the cost of the preparation of the transcript shall be paid by the appellant.(c) By stipulation of all parties to the judicial review proceedings, the record may be shortened, summarized or organized.(d) The court may tax the cost of preparing transcripts and copies for the record against a party who unreasonably refuses to stipulate to shorten, summarize or organize the record.(e) Additions to the record pursuant to K.S.A. 77-619 shall be made as ordered by the court.(f) The court may require or permit subsequent corrections or additions to the record.History: L. 1984, ch. 338, § 20; July 1.
KS Stat § 77-621 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-621 Scope of review.

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 standards of judicial review provided in this section, as applied to the agency action at the time it was taken.(b) The court shall make a separate and distinct ruling on each material issue on which the court's decision is based.(c) The court shall grant relief only if it determines any one or more of the following:(1) The agency action, or the statute or rule and regulation on which the agency action is based, is unconstitutional on its face or as applied;(2) the agency has acted beyond the jurisdiction conferred by any provision of law;(3) the agency has not decided an issue requiring resolution;(4) the agency has erroneously interpreted or applied the law;(5) the agency has engaged in an unlawful procedure or has failed to follow prescribed procedure;(6) the persons taking the agency action were improperly constituted as a decision-making body or subject to disqualification;(7) the agency action is based on a determination of fact, made or implied by the agency, that is not supported to the appropriate standard of proof by evidence that is substantial when viewed in light of the record as a whole, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this act; or(8) the agency action is otherwise unreasonable, arbitrary or capricious.(d) For purposes of this section, "in light of the record as a whole" means that the adequacy of the evidence in the record before the court to support a particular finding of fact shall be judged in light of all the relevant evidence in the record cited by any party that detracts from such finding as well as all of the relevant evidence in the record, compiled pursuant to K.S.A. 77-620, and amendments thereto, cited by any party that supports such finding, including any determinations of veracity by the presiding officer who personally observed the demeanor of the witness and the agency's explanation of why the relevant evidence in the record supports its material findings of fact. In reviewing the evidence in light of the record as a whole, the court shall not reweigh the evidence or engage in de novo review.(e) In making the foregoing determinations, due account shall be taken by the court of the rule of harmless error.History: L. 1984, ch. 338, § 21; L. 2009, ch. 109, § 28; July 1.
KS Stat § 77-622 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-622 Relief on final disposition.

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; temporary or permanent; equitable or legal. In granting relief, the court may order agency action required by law, order agency exercise of discretion required by law, set aside or modify agency action, enjoin or stay the effectiveness of agency action, remand the matter for further proceedings, render a declaratory judgment or take any other action that is authorized and appropriate.(c) The court may also grant necessary ancillary relief to redress the effects of official action wrongfully taken or withheld, but the court may award attorney's fees or witness fees only to the extent expressly authorized by other law.(d) If the court sets aside or modifies agency action or remands the matter to the agency for further proceedings, the court may make any interlocutory order it finds necessary to preserve the interests of the parties and the public pending further proceedings or agency action.History: L. 1984, ch. 338, § 22; July 1.
KS Stat § 77-623 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-623 Review by higher court.

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.
KS Stat § 77-624 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-624 Initiation of action; petition; venue; form of action.

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 defendants, each alleged violator against whom the agency seeks to obtain civil enforcement.(c) A party to an agency hearing may seek enforcement of a subpoena, discovery order or protective order by filing a petition for civil enforcement in the district court. The petition shall name, as defendants, each person against whom the party seeks to obtain civil enforcement.(d) Venue shall be in the county:(1) In which the order is entered or the rule and regulation is promulgated; or(2) determined in the manner provided for determination of venue in other civil cases.(e) A petition for civil enforcement may request, and the court may grant, declaratory relief, temporary or permanent injunctive relief, any other civil remedy provided by law or any combination of the foregoing.History: L. 1984, ch. 338, § 24; L. 1989, ch. 283, § 8; July 1.
KS Stat § 77-625 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-625 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.
KS Stat § 77-626 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 6 - Kansas Judicial Review Act|77-626 Agency record.

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.