reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-551 Hearing of state agencies; presiding officer.

77-551.
Hearing of state agencies; presiding officer.
(a) Except as provided in subsection (b), in all hearings of any state agency that are required to be conducted in accordance with the provisions of the Kansas administrative procedure act, the presiding officer shall be the agency head, one or more members of the agency head or a presiding officer assigned by the office of administrative hearings.
(b) The provisions of this section shall not apply to the employment security law, pursuant to K.S.A. 44-701 et seq., and amendments thereto or article 5 of chapter 44 and amendments thereto, except K.S.A. 44-532 and 44-5,120, and amendments thereto, concerning the workers compensation act.
(c) Notwithstanding subsection (a) the agency head or one or more members of the agency head who will serve as a presiding officer may designate any other person to serve as a presiding officer to determine procedural matters that may arise prior to the hearing on the merits, including but not limited to conducting prehearing conferences pursuant to K.S.A. 77-516 and 77-517, and amendments thereto.
History:
L. 1997, ch. 182, § 90; L. 2004, ch. 145, § 42; L. 2009, ch. 109, § 22; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-561 Office of administrative hearings; director; employees.

77-561.
Office of administrative hearings; director; employees.
There is hereby established the office of administrative hearings. The office shall be administered by the director of administrative hearings. The director of administrative hearings shall be appointed by the governor pursuant to K.S.A. 75-4315a, and amendments thereto, and shall have special training and qualifications for such position. The director of administrative hearings shall employ, and fix compensation of, such assistants or clerks as the director of administrative hearings may from time to time deem necessary.
History:
L. 2004, ch. 145, § 1; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-563 Same; officers and employees transferred; benefits and rights.

77-563.
Same; officers and employees transferred; benefits and rights.
Except as otherwise provided in this act, on July 1, 2009, any presiding officer in the administrative hearings section of all agencies which conduct hearings pursuant to the Kansas administrative procedure act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings established under this act. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state which had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment had occurred.
History:
L. 2004, ch. 145, § 3; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-564 Same; conflicts as to power, function or duty to be resolved by governor.

77-564.
Same; conflicts as to power, function or duty to be resolved by governor.
On and after July 1, 2009:
(a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The office of administrative hearings shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the office of administrative hearings. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History:
L. 2004, ch. 145, § 4; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-565 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.

77-565.
Same; legal custody of records transferred; no abatement of suits, actions or proceedings.
On and after July 1, 2009:
(a) The office of administrative hearings shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the office of administrative hearings within the department of administration concerning adjudicative proceedings of the Kansas administrative procedure act and any agency or office transferred thereto under this act.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 2004, ch. 145, § 5; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 5 - Administrative Procedure Act › 77-566 Same; balance of funds and liabilities transferred.

77-566.
Same; balance of funds and liabilities transferred.
(a) On and after July 1, 2009, the balance of all funds appropriated and reappropriated to the office of administrative hearings within the department of administration concerning adjudicative proceedings of the Kansas administrative procedure act is hereby transferred to the office of administrative hearings and shall be used only for the purpose for which the appropriation was originally made.
(b) On and after July 1, 2009, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the office of administrative hearings within the department of administration concerning adjudicative proceedings of the Kansas administrative procedure act, or who become a part of the office of administrative hearings established by this act, or the powers, duties and functions of which are transferred to the office of administrative hearings provided for by this act, shall be assumed and paid by the office of administrative hearings established by this act.
History:
L. 2004, ch. 145, § 6; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-601 Title.

77-601.
Title.
K.S.A. 77-601 through 77-631 shall be known and may be cited as the Kansas judicial review act.
History:
L. 1984, ch. 338, § 1; L. 2009, ch. 109, § 23; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-602 Definitions.

77-602.
Definitions.
As used in this act:
(a) "Agency" means a state agency.
(b) "Agency action" means:
(1) The whole or a part of a rule and regulation or an order;
(2) the failure to issue a rule and regulation or an order; or
(3) an agency's performance of, or failure to perform, any other duty, function or activity, discretionary or otherwise.
(c) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.
(d) "License" means a franchise, permit, certification, approval, registration, charter or similar form of authorization required by law.
(e) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons.
(f) "Party to agency proceedings," or "party" in context so indicating, means:
(1) A person to whom the agency action is specifically directed; or
(2) a person named as a party to any agency proceeding or allowed to intervene or participate as a party in the proceeding.
(g) "Party to judicial review or civil enforcement proceedings," or "party" in context so indicating, means:
(1) A person who files a petition for judicial review; or
(2) a person named as a party in a proceeding for judicial review or civil enforcement or allowed to participate as a party in the proceeding.
(h) "Person" means an individual, partnership, corporation, association, political subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.
(i) "Rule and regulation" means a standard, statement of policy or general order, including amendments or revocations thereof, of general application and having the effect of law, issued or adopted by an agency to implement or interpret legislation enforced or administered by such agency or to govern the organization of procedure of such agency.
(j) "Rulemaking" means the process for formulation and adoption of a rule and regulation.
(k) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state which is authorized by law to administer, enforce or interpret any law of this state but does not include any political or taxing subdivision of the state, or any agency thereof, or the judicial or legislative branch of state government.
History:
L. 1984, ch. 338, § 2; L. 1986, ch. 318, § 1; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-603 Application and construction.

77-603. Application and construction.
(a) This act applies to all agencies and all proceedings for judicial review and civil enforcement of agency actions not specifically exempted by statute from the provisions of this act.
(b) This act creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.
(c) This act does not apply to agency actions:
(1) Of the prisoner review board concerning inmates or persons under parole or conditional release supervision;
(2) concerning the management, discipline or release of persons in the custody of the secretary of corrections;
(3) concerning the management, discipline or release of persons in the custody of the commissioner of juvenile justice;
(4) under the election laws contained in chapter 25 of the Kansas Statutes Annotated, and amendments thereto, except as provided by K.S.A. 25-4185, and amendments thereto;
(5) concerning pardon, commutation of sentence, clemency or extradition;
(6) concerning military or naval affairs other than actions relating to armories;
(7) governed by the provisions of the open records act and subject to an action for enforcement pursuant to K.S.A. 45-222, and amendments thereto; or
(8) governed by the provisions of K.S.A. 75-4317 et seq., and amendments thereto, relating to open public meetings, and subject to an action for civil penalties or enforcement pursuant to K.S.A. 75-4320 or 75-4320a, and amendments thereto.
History:
L. 1984, ch. 338, § 3; L. 1986, ch. 318, § 2; L. 1988, ch. 369, § 7; L. 2005, ch. 9, § 1; L. 2009, ch. 109, § 24; L. 2012, ch. 16, § 39; L. 2015, ch. 95, § 15; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-604 Waiver.

77-604.
Waiver.
Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this act.
History:
L. 1984, ch. 338, § 4; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-606 Act exclusive means of review.

77-606.
Act exclusive means of review.
In accordance with K.S.A. 77-603 and amendments thereto, this act establishes the exclusive means of judicial review of agency action.
History:
L. 1984, ch. 338, § 6; L. 1986, ch. 318, § 3; July 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-627 Review by higher court.

77-627.
Review by higher court.
Decisions on petitions for civil enforcement are reviewable by the appellate courts as in other civil cases.
History:
L. 1984, ch. 338, § 27; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 6 - Kansas Judicial Review Act › 77-631 Failure of agency to act in timely manner, interlocutory review of agency's failure to act.

77-631.
Failure of agency to act in timely manner, interlocutory review of agency's failure to act.
(a) A person aggrieved by the failure of an agency to act in a timely manner as required by K.S.A. 77-526 or 77-549, and amendments thereto, or as otherwise required by law, is entitled to interlocutory review of the agency's failure to act.
(b) If an agency, not including the Kansas corporation commission, does not act on a petition for reconsideration within the time prescribed by K.S.A. 77-529, and amendments thereto, a party may petition for judicial review of the final order at any time within 90 days of service of such final order. If prior to the filing of a petition for judicial review under this subsection, the agency grants the petition for reconsideration, the time for seeking judicial review of an order rendered upon such reconsideration shall be governed by subsection (c) of K.S.A. 77-613, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas judicial review act.
History:
L. 1995, ch. 175, § 1; L. 2010, ch. 17, § 209; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-701 Short title.

77-701.
Short title.
On and after January 1, 1996, this act shall be known and may be cited as the private property protection act.
History:
L. 1995, ch. 170, § 1; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-702 Public policy; purpose of act.

77-702.
Public policy; purpose of act.
On and after January 1, 1996, it is the public policy of the state of Kansas that state agencies, in planning and carrying out governmental actions, anticipate, be sensitive to and account for the obligations imposed by the fifth and the 14th amendments of the constitution of the United States and section 18 of the bill of rights of the constitution of the state of Kansas. It is the express purpose of this act to reduce the risk of undue or inadvertent burdens on private property rights resulting from certain lawful governmental actions.
History:
L. 1995, ch. 170, § 2; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-703 Definitions.

77-703.
Definitions.
On and after January 1, 1996, as used in this act, unless the context requires otherwise:
(a) "Take" or "taking" means, due to a governmental action, private property is taken or its use is restricted or limited by a governmental action such that compensation to the owner of the property is required by the fifth or 14th amendment of the constitution of the United States or section 18 of the bill of rights of the constitution of the state of Kansas.
(b) (1) "Governmental action" means any of the following actions by a state agency which may constitute a taking:
(A) Proposed legislation;
(B) proposed rules and regulations or directives; or
(C) proposed agency guidelines and procedures concerning the process of issuing licenses or permits;
(2) "Governmental action" does not include:
(A) Activity in which the power of eminent domain is formally exercised;
(B) the repeal of rules and regulations, elimination of governmental programs, or amendment of rules and regulations such that limitations on the use of private property are reduced or removed;
(C) law enforcement activities involving seizure or forfeiture of private property for violations of law or as evidence in criminal proceedings; and
(D) state agency action, authorized by statute or by valid court order, in response to a violation of state law.
(c) "Private property" means any real property or interest arising from or relating to any real property in this state that is protected by the fifth or 14th amendment of the constitution of the United States or section 18 of the bill of rights of the constitution of the state of Kansas.
(d) "State agency" means an officer, department, division or unit of the executive branch of the state of Kansas authorized to propose, adopt or enforce rules and regulations. "State agency" shall not include the legislative or judicial branches of the state of Kansas or any political or taxing subdivision of the state of Kansas.
History:
L. 1995, ch. 170, § 3; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-704 Attorney general to establish guidelines for state agencies to follow.

77-704.
Attorney general to establish guidelines for state agencies to follow.
The attorney general for the state of Kansas shall establish on or before January 1, 1996, and update annually guidelines to assist state agencies in evaluating proposed governmental actions and in determining whether such actions may constitute a taking. These guidelines shall be published in the Kansas register. The guidelines shall be based on current law as articulated by the United States supreme court and the supreme court of Kansas.
History:
L. 1995, ch. 170, § 4; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-705 Same; promulgation of rules and regulations.

77-705.
Same; promulgation of rules and regulations.
On and after January 1, 1996, the guidelines developed by the attorney general shall be adhered to by state agencies in promulgating rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto.
History:
L. 1995, ch. 170, § 5; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-706 Written report prepared by state agency prior to governmental action; guidelines.

77-706.
Written report prepared by state agency prior to governmental action; guidelines.
On and after January 1, 1996: (a) Before any governmental action is initiated, the state agency shall prepare a written report available for public inspection that follows the guidelines established by the attorney general and complies with the following, when applicable:
(1) Clearly and specifically identifies the public health, safety or welfare risk created by the use of the private property;
(2) describes the manner in which the proposed action will substantially advance the purpose of protecting public health, safety or welfare against the specifically identified risk;
(3) sets forth the facts relied upon to establish and justify the need for the restrictions or limitations;
(4) analyzes the likelihood that the governmental action may result in a taking;
(5) identifies the alternatives, if any, to the proposed governmental action that may:
(A) Fulfill the legal obligations of the state agency;
(B) reduce the extent of limitation of the use of the private property; and
(C) reduce the risk to the state that the action will be deemed a taking; and
(6) ensure that any conditions imposed on issuing a permit shall relate directly to the public health, safety or welfare purpose for which the permit is to be issued, shall substantially advance that purpose and shall be authorized by law.
(b) If there is an immediate threat to public health, safety or welfare that constitutes an emergency requiring immediate action to eliminate the risk, the report required by this section shall be prepared when the emergency action is completed, in which case the report shall include a complete description of the facts relied upon by the agency in declaring the need for emergency action.
(c) If a governmental action involves a permit process or any other procedure that will limit or otherwise prohibit the use of private property pending completion of the process or procedure, the duration of the limitation on or prohibited use of the property shall not extend beyond a reasonable period of time.
(d) Before any state agency implements a governmental action for which a report is required under this section, the state agency shall submit a copy of the report to the governor and the attorney general.
(e) Each state agency shall submit with the economic impact statement as required by K.S.A. 77-416, and amendments thereto, a copy of the taking assessment as required pursuant to this act.
History:
L. 1995, ch. 170, § 6; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-707 State agencies evaluate and review rules and regulations.

77-707.
State agencies evaluate and review rules and regulations.
On or before January 1, 1997, each state agency shall:
(a) Review and evaluate all of the agency's existing rules and regulations in accordance with the guidelines issued by the attorney general pursuant to this act; and
(b) prepare and submit to the governor and the attorney general a report containing the results of the evaluation.
History:
L. 1995, ch. 170, § 7; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-708 Court determination of a taking that effects property valuation.

77-708.
Court determination of a taking that effects property valuation.
On and after January 1, 1996, if a state district or appellate court or state agency pursuant to this act determines that a governmental action has resulted in a taking, the effect on the valuation for property tax purposes of such property shall be taken into account in determining the value of the property as required pursuant to K.S.A. 79-503a, and amendments thereto.
History:
L. 1995, ch. 170, § 8; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-709 Attorney fees and expenses.

77-709.
Attorney fees and expenses.
On and after January 1, 1996, the court may award reasonable attorney fees and expenses to an owner of private property who successfully establishes that a governmental action constitutes a taking of such owner's private property.
History:
L. 1995, ch. 170, § 9; July 1.
2023 Kansas Statutes › Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure › Article 7 - Private Property Protection › 77-710 Construction of act.

77-710.
Construction of act.
On and after January 1, 1996, nothing in this act shall be construed to limit the scope of judicial review of an agency action, create a new private cause of action or limit any right of action pursuant to other statutes or at common law.
History:
L. 1995, ch. 170, § 10; July 1.