reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-506 Conversion of proceedings.

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 the public interest and does not substantially prejudice the rights of any party; and
(2) if required by any provision of law, shall convert the proceeding to another type of state agency proceeding.
(b) A conversion of a proceeding of one type to a proceeding of another type may be effected only upon notice to all parties to the original proceeding.
(c) If the presiding officer or other state agency official responsible for the original proceeding would not have authority over the new proceeding to which it is to be converted, that officer or official, in accordance with state agency procedure, shall secure the appointment of a successor to preside over or be responsible for the new proceeding.
(d) The record of the original state agency proceeding may be used in the new state agency proceeding.
(e) After a proceeding is converted from one type to another, the presiding officer or other state agency official responsible for the new proceeding shall:
(1) Give such additional notice to parties or other persons as is necessary to satisfy the requirements pertaining to those proceedings;
(2) dispose of the matters involved without further proceedings if sufficient proceedings have already been held to satisfy the requirements pertaining to the new proceedings; and
(3) conduct or cause to be conducted any additional proceedings necessary to satisfy the requirements pertaining to those proceedings.
History:
L. 1984, ch. 313, § 6; L. 1988, ch. 356, § 2; July 1, 1989.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-508 Hearings, not required in certain circumstances.

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 state agency, another agency or a court.
History:
L. 1984, ch. 313, § 8; L. 1988, ch. 356, § 3; L. 1989, ch. 283, § 1; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-511 Time limits for processing application for an order or a request for a hearing; expiration of license, when.

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 application for an order on which a statute provides for a hearing under this act as follows:
(1) Within 30 days after receipt of the application, the state agency shall acknowledge receipt thereof and inform the applicant of the name, official title, mailing address and telephone number of a state agency member or employee who may be contacted regarding the application. As soon as practicable, the state agency shall notify the applicant of any apparent errors or omissions. Failure to detect such errors or omissions does not preclude the state agency from raising them at a later stage of the proceeding.
(2) When practicable, within 90 days after receipt of a completed application, the state agency shall:
(A) Approve or deny the application, in whole or in part, on the basis of emergency or summary proceedings, if those proceedings are available under this act for disposition of the matter; or
(B) commence a formal hearing or a conference hearing in accordance with this act.
(b) Except to the extent that the time limits in this subsection are inconsistent with limits established by another statute, a state agency shall process a request for a hearing as follows:
(1) Within 30 days after receipt of the request, the state agency shall acknowledge receipt thereof and if the state agency has not previously done so, the state agency shall notify the applicant of the name, official title, mailing address and telephone number of a state agency member or employee who may be contacted regarding the request; and
(2) when practicable, within 90 days after receipt of the request the state agency shall commence a formal or conference hearing in accordance with this act unless a statute makes the granting of a hearing discretionary with the state agency and the state agency determines not to conduct a hearing.
(c) For purposes of this section, a hearing commences when the state agency or presiding officer notifies a party that a prehearing conference or other stage of the hearing will be conducted.
(d) If a timely and sufficient application has been made for renewal of a license with reference to any activity of a continuing nature, the existing license does not expire until the state agency has taken final action upon the application for renewal or, if the state agency's action is unfavorable, until the last day for seeking judicial review of the state agency's action or a later date fixed by the reviewing court.
History:
L. 1984, ch. 313, § 11; L. 1986, ch. 362, § 2; L. 1988, ch. 356, § 5; L. 1989, ch. 283, § 2; L. 2009, ch. 109, § 5; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-512 Orders affecting licensure; requirements.

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 preclude a state agency from (a) taking immediate action to protect the public interest in accordance with K.S.A. 77-536, and amendments thereto, or (b) adopting rules and regulations, otherwise within the scope of its authority, pertaining to a class of licensees, including rules and regulations affecting the existing licenses of a class of licensees.
History:
L. 1984, ch. 313, § 12; L. 1989, ch. 283, § 3; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-513 Hearings, applicable procedures.

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. 77-533 through 77-542, and amendments thereto.
History:
L. 1984, ch. 313, § 13; L. 1986, ch. 362, § 3; L. 1988, ch. 356, § 6; L. 1989, ch. 283, § 4; L. 2009, ch. 109, § 6; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-514 Presiding officer.

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 designated to serve alone or with others as presiding officer is subject to disqualification for administrative bias, prejudice or interest.
(c) Any party may petition for the disqualification of a person promptly after receipt of notice indicating that the person will preside or promptly upon discovering facts establishing grounds for disqualification, whichever is later.
(d) A person whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.
(e) If a substitute is required for a person who is disqualified or becomes unavailable for any other reason, any action taken by a duly appointed substitute for a disqualified or unavailable person is as effective as if taken by the latter.
(f) If the office of administrative hearings cannot provide a presiding officer, a state agency may enter into agreements with another state agency to provide presiding officers to conduct proceedings under this act.
(g) Notwithstanding any quorum requirements, if the agency head of a professional or occupational licensing agency is a body of individuals, the agency head, unless prohibited by law, may designate one or more members of the agency head to serve as presiding officer and to render a final order in the proceeding.
(h) Except as otherwise provided by law, in any proceeding under this act, a person shall not be eligible to act as presiding officer, and shall not provide confidential legal or technical advice to a presiding officer in the proceeding, if that person:
(1) Has served in an investigatory or prosecutorial capacity in the proceeding or a proceeding arising out of the same event or transaction; or
(2) is supervised or directed by a person who would be disqualified under paragraph (1).
History:
L. 1984, ch. 313, § 14; L. 1995, ch. 175, § 2; L. 1997, ch. 182, § 92; L. 2004, ch. 145, § 38; L. 2009, ch. 109, § 7; L. 2014, ch. 141, § 80; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-515 Participation and representation.

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 party's own expense by counsel or, if permitted by law, other representative.
(c) A state agency may require a corporation or other artificial person to participate by counsel.
History:
L. 1984, ch. 313, § 15; L. 1986, ch. 362, § 4; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-516 Prehearing conference; notice.

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 is provided by K.S.A. 77-514 and amendments thereto concerning the selection of a presiding officer for a hearing.
(b) The presiding officer for the prehearing conference shall set the time and place of the conference and give reasonable notice to all parties and to all persons who have filed written petitions to intervene in the matter.
(c) 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 prehearing conference;
(5) a statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;
(6) the name, official title, mailing address and telephone number of the presiding officer for the prehearing conference;
(7) a statement that at the prehearing conference the proceeding, without further notice, may be converted into a conference hearing or a summary proceeding for disposition of the matter as provided by this act; 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 that the presiding officer considers desirable to expedite the proceedings.
History:
L. 1984, ch. 313, § 16; L. 1988 ch. 356, § 7; July 1, 1989.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-517 Prehearing conference; procedure; prehearing order.

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 it is taking place.
(b) The presiding officer shall conduct the prehearing conference, as may be appropriate, to deal with such matters as conversion of the proceeding to another type, exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form, and the extent to which telephone or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders and protective orders and such other matters as will promote the orderly and prompt conduct of the hearing. The presiding officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.
(c) If a prehearing conference is not held, the presiding officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
History:
L. 1984, ch. 313, § 17; July 1, 1985.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.