reglab/housing_qa huggingface dataset:
KS Stat § 77-518 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-518 Notice of hearing.

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. Service of notices shall be made in accordance with K.S.A. 77-531, and amendments thereto.(b) The notice shall include a copy of any prehearing order rendered in the matter.(c) To the extent not included in a prehearing order accompanying it, the notice shall include:(1) The names and mailing addresses of all parties and other persons to whom notice is being given by the presiding officer;(2) the name, official title, mailing address and telephone number of any counsel or employee who has been designated to appear for the state agency;(3) the official file or other reference number, the name of the proceeding and a general description of the subject matter;(4) a statement of the time, place and nature of the hearing;(5) a statement of the legal authority and jurisdiction under which the hearing is to be held;(6) the name, official title, mailing address and telephone number of the presiding officer;(7) a statement of the issues involved and, to the extent known to the presiding officer, of the matters asserted by the parties; and(8) a statement that a party who fails to attend or participate in a prehearing conference, hearing or other stage of an adjudicative proceeding may be held in default under this act.(d) The notice may include any other matters the presiding officer considers desirable to expedite the proceedings.(e) The state agency shall cause notice to be given to persons entitled to notice under any provision of law who have not been given notice under subsection (a) by the presiding officer. Notice under this subsection shall be given in the manner specified by such provision of law or, if no such manner is specified, in a manner to be determined by the agency. If a person other than the agency is directed to give notice under this subsection, the agency shall require that the person furnish proof that the notice has been given. Notice under this subsection may include all types of information provided in subsections (a) through (d) or may consist of a brief statement indicating the subject matter, parties, time, place and nature of the hearing, manner in which copies of the notice to the parties may be inspected and copied and name and telephone number of the presiding officer.History: L. 1984, ch. 313, § 18; L. 1988, ch. 356, § 8; L. 1997, ch. 182, § 93; July 1, 1998.
KS Stat § 77-519 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-519 Pleadings, motions, objections, briefs; service.

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 summary judgment.(b) The presiding officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law and proposed initial or final orders.(c) A party shall serve copies of any filed item on all parties, by mail or any other means, including electronic means, if the party to be served has consented to service by electronic means, prescribed by state agency rule and regulation or by the presiding officer.History: L. 1984, ch. 313, § 19; L. 1986, ch. 362, § 5; L. 1995, ch. 175, § 3; L. 2009, ch. 109, § 8; L. 2016, ch. 63, § 2; July 1.
KS Stat § 77-520 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-520 Default.

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) Within seven days after service of a proposed default order, the party against whom it was issued may file a written motion requesting that the proposed default order be vacated and stating the grounds relied upon. During the time within which a party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or conduct them without the participation of the party against whom a proposed default order was issued, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings.(c) The proposed default order shall become effective after expiration of the time within which the party may file a written motion under subsection (b) unless a written motion to vacate the order is filed with the agency within such time. Upon receipt of a motion to vacate a proposed default order, the presiding officer shall either vacate the proposed order or issue the default order as proposed. If the presiding officer issues a default order as proposed, the order shall become effective upon service.(d) After a default order becomes effective, the presiding officer shall conduct any further proceedings necessary to complete the adjudication without the participation of the party in default and shall determine all issues in the adjudication, including those affecting the defaulting party. The presiding officer in lieu of determining the issues affecting the defaulting party may, unless otherwise prohibited by law, dismiss such party's application for an adjudicative proceeding.(e) If the presiding officer is the agency head, or has been designated under K.S.A. 77-514, and amendments thereto, to issue a final order, the order shall be deemed a final order. If the presiding officer is not the agency head, and has not been designated to issue a final order under K.S.A. 77-514, and amendments thereto, the order shall be deemed an initial order.History: L. 1984, ch. 313, § 20; L. 1986, ch. 362, § 6; L. 1988, ch. 356, § 9; L. 1991, ch. 277, § 1; L. 2009, ch. 109, § 9; July 1.
KS Stat § 77-521 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-521 Intervention.

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 before the hearing;(2) the petition states facts demonstrating that the petitioner's legal rights, duties, privileges, immunities or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervener under any provision of law; and(3) the presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.(b) The presiding officer may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.(c) If a petitioner qualifies for intervention, the presiding officer may impose conditions upon the intervener's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Conditions may include:(1) Limiting the intervener's participation to designated issues in which the intervener has a particular interest demonstrated by the petition;(2) limiting the intervener's use of discovery, cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings; and(3) requiring two or more interveners to combine their presentations of evidence and argument, cross-examination, discovery and other participation in the proceedings.(d) The presiding officer, at least one business day before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order. The presiding officer may modify the order at any time, stating the reasons for the modification. The presiding officer shall promptly give notice of an order granting, denying or modifying intervention to the petitioner for intervention and to all parties.History: L. 1984, ch. 313, § 21; L. 2009, ch. 109, § 10; L. 2016, ch. 63, § 3; July 1.
KS Stat § 77-522 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-522 Discovery; authorization; requests; subpoenas, discovery orders and protective orders.

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 and a copy of each request for discovery shall be served on the party or person against whom discovery is sought. The presiding officer may specify the times during which the parties may pursue discovery and respond to discovery requests. The presiding officer may issue subpoenas, discovery orders and protective orders in accordance with the rules of civil procedure.(b) Subpoenas issued by the presiding officer may be served by a person designated by the presiding officer or any other person who is not a party and is not less than 18 years of age or may be served by certified mail, return receipt requested. Service shall be at the expense of the requesting party. Proof of service shall be shown by affidavit.(c) Subpoenas and orders issued by the presiding officer may be enforced pursuant to the provisions of the Kansas judicial review act.History: L. 1984, ch. 313, § 22; L. 1988, ch. 356, § 10; L. 1989, ch. 283, § 5; L. 1995, ch. 175, § 4; L. 2010, ch. 17, § 207; July 1.
KS Stat § 77-523 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-523 Hearing procedure.

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 evidence and argument, conduct cross-examination and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.(c) The presiding officer may, and when required by statute shall, give nonparties an opportunity to present oral or written statements. If the presiding officer proposes to consider a statement by a nonparty, the presiding officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the presiding officer shall require the statement to be given under oath or affirmation.(d) The presiding officer may conduct all or part of the hearing by telephone or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place.(e) The presiding officer shall cause the hearing to be recorded at the state agency's expense. The state agency is not required, at its expense, to prepare a transcript, unless required to do so by a provision of law. Any party, at the party's expense and subject to such reasonable conditions as the state agency may establish, may cause a person other than the state agency to prepare a transcript from the state agency's record, or cause additional recordings to be made during the hearing.(f) The hearing is open to public observation, except to the limited extent, as determined by the presiding officer, that it is necessary to close parts of the hearing pursuant to a provision of law requiring confidentiality or expressly authorizing closure. Notwithstanding any other provision of law to the contrary, any hearing held pursuant to this act shall not be deemed a meeting pursuant to K.S.A. 75-4317a, and amendments thereto.History: L. 1984, ch. 313, § 23; L. 1988, ch. 356, § 11; L. 2009, ch. 109, § 11; July 1.
KS Stat § 77-524 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-524 Evidence; official notice.

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 officer shall give effect to the rules of privilege recognized by law. Evidence need not be excluded solely because it is hearsay.(b) All testimony of parties and witnesses shall be made under oath or affirmation and the presiding officer shall have the power to administer an oath or affirmation for that purpose.(c) Statements presented by nonparties in accordance with paragraph (c) of K.S.A. 77-523 may be received as evidence.(d) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.(e) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original if available.(f) Official notice may be taken of (1) any matter that could be judicially noticed in the courts of this state, (2) the record of other proceedings before the state agency, (3) technical or scientific matters within the state agency's specialized knowledge, and (4) codes of standards that have been adopted by an agency of the United States, of this state or of another state or by a nationally recognized organization or association. Parties shall be notified before or during the hearing, or before the issuance of any initial or final order that is based in whole or in part on matters or material noticed, of the specific matters or material noticed and the source thereof, including any staff memoranda and data, and be afforded an opportunity to contest and rebut the matters or material so noticed.History: L. 1984, ch. 313, § 24; July 1, 1985.
KS Stat § 77-528 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-528 Stay.

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 initial or final order. The presiding officer or agency head may take action on the petition for stay, either before or after the effective date of the initial or final order.History: L. 1984, ch. 313, § 28; L. 2009, ch. 109, § 14; July 1.
KS Stat § 77-529 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-529 Reconsideration.

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 petition is not a prerequisite for seeking administrative or judicial review except as provided in K.S.A. 44-1010 and 44-1115, and amendments thereto, concerning orders of the Kansas human rights commission, K.S.A. 55-606 and 66-118b, and amendments thereto, concerning orders of the corporation commission.(2) Any party applying for an exemption under: (A) Section 13, of article 11 of the constitution of the state of Kansas, or (B) K.S.A. 79-201a Second, and amendments thereto, for property constructed or purchased, in whole or in part, with the proceeds of revenue bonds under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto, may file a petition for reconsideration with the state  board of tax appeals within 30 days after service of a final order.(b) Within 20 days after the filing of the petition, the agency head shall render a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further proceedings. An order on reconsideration altering a prior order shall be in writing and shall include findings of fact, conclusions of law and policy reasons for the decision. In proceedings before the state corporation commission, the petition is deemed to have been denied if the agency head does not dispose of it within 30 days after the filing of the petition.An order under this section shall be served on the parties in the manner prescribed by K.S.A. 77-531, and amendments thereto.(c) If there are multiple parties to an agency adjudication and one party files a petition for judicial review, the agency retains jurisdiction to act on a timely petition for reconsideration filed by another party.(d) Any order rendered upon reconsideration or any order denying a petition for reconsideration shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.(e) For the purposes of this section, "agency head" shall include a presiding officer designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto.History: L. 1984, ch. 313, § 29; L. 1988, ch. 356, § 15; L. 1991, ch. 148, § 11; L. 1995, ch. 175, § 7; L. 1997, ch. 132, § 4; L. 1998, ch. 146, § 4; L. 2008, ch. 109, § 72; L. 2009, ch. 109, § 15; L. 2014, ch. 141, § 8; July 1.
KS Stat § 77-530 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-530 Orders, when effective.

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 the final order: (1) When the initial order is served, if administrative review is unavailable; (2) when the agency head serves an order stating, after a petition for review has been filed, that review will not be exercised; or (3) 30 days after service if no party has filed a petition for review by the agency head, the agency head has not given written notice of its intention to exercise review and review by the agency head is not otherwise required by law.(c) This section does not preclude a state agency from taking immediate action to protect the public interest in accordance with K.S.A. 77-536 and amendments thereto.History: L. 1984, ch. 313, § 30; L. 1988, ch. 356, § 16; July 1, 1989.
KS Stat § 77-531 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-531 Service of order or notice.

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 the person's last known address; or(3) transmitting a copy of the order or notice to the person by electronic means, if such person has consented to service by electronic means.(b) Service shall be presumed if the presiding officer, or a person directed to make service by the presiding officer, makes a written certificate of service. Delivery of a copy of an order or notice means handing the order or notice to the person or leaving the order or notice at the person's principal place of business or residence with a person of suitable age and discretion who works or resides therein. Service by mail is complete upon mailing. Service by electronic means is complete upon transmission or as otherwise specified in the consent. Any consent to electronic service shall specify when such service is complete. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after service of a notice or order and the notice or order is served by mail or electronic means, three days shall be added to the prescribed period.History: L. 1984, ch. 313, § 31; L. 2009, ch. 109, § 16; L. 2016, ch. 63, § 4; July 1.
KS Stat § 77-532 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-532 Record.

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;(4) evidence received or considered;(5) a statement of matters officially noticed;(6) proffers of proof and objections and rulings thereon;(7) proposed findings, requested orders and exceptions;(8) the record prepared for the presiding officer at the hearing, together with any transcript of all or part of the hearing considered before final disposition of the proceeding;(9) any final order, initial order, or order on reconsideration;(10) staff memoranda or data submitted to the presiding officer other than confidential internal communications permitted under K.S.A. 77-525, and amendments thereto; and(11) any oral or written statement allowed by the presiding officer pursuant to K.S.A. 77-523, and amendments thereto.(c) Except to the extent that this act or another statute provides otherwise, the state agency record, excluding matters under paragraph (10) of subsection (b), constitutes the exclusive basis for state agency action in formal hearings and for judicial review thereof.History: L. 1984, ch. 313, § 32; L. 1988, ch. 356, § 17; L. 2009, ch. 109, § 17; July 1.
KS Stat § 77-533 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-533 Conference hearing; use, when.

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 of material fact and the parties agree to a conference hearing.History: L. 1984, ch. 313, § 33; L. 1988, ch. 356, § 18; July 1, 1989.
KS Stat § 77-534 (2021)
2021 Kansas Statutes|Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure|Article 5 - Administrative Procedure Act|77-534 Procedure.

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 issuance and enforcement of subpoenas and discovery orders, but do apply to conference hearings insofar as those provisions authorize the presiding officer to issue protective orders at the request of any party or upon the presiding officer's motion.(b) Paragraphs (a), (b) and (c) of K.S.A. 77-523, and amendments thereto, do not apply; but (1) the presiding officer shall regulate the course of the proceedings; (2) only the parties may testify and present written exhibits; and (3) the parties may offer comments on the issues.History: L. 1984, ch. 313, § 34; L. 1988, ch. 356, § 19; L. 2009, ch. 109, § 18; July 1.