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chapter-77•Chapter 77 — Statutes; Administrative Rules and Regulations and Procedure
chapter-77K.S.A. ch. 77CodeJan 1, 1900
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
The supreme court of the state of Kansas shall appoint a commission of three members, who shall have the same qualifications as justices of said court, and said commission is hereby authorized to make a contract for the revision, compilation and editing of the General Statutes of Kansas, in one volume, with annotations of the supreme court and appellate court, to date of publication. Said commission may employ an expert, competent for that purpose, and who is also competent to prepare an accurate index for such volume. The said commission shall superintend and approve the same and cause such statutes to be printed under the direction of the state printing commission, at the state printing plant.
History: L. 1921, ch. 207, § 1; March 31; R.S. 1923, 77-101.
It shall be the duty of the supreme court to appoint the commission immediately upon the taking effect of this act. Said commission shall qualify and immediately enter upon their duties. Each member of such commission shall receive for his or her services his or her necessary and actual expenses, and in addition thereto the sum of one thousand dollars, which shall be the full compensation to each member of the commission for all services which he or she may perform under this act.
History: L. 1921, ch. 207, § 5; March 31; R.S. 1923, 77-102.
Before any copies of said statutes shall be printed or sold and delivered, all statutes revised or changed shall be submitted by said commission to the legislature of the state of Kansas for reenactment. When said commission shall certify that the laws changed, rewritten or revised have been duly reenacted by the legislature, and when it shall certify that it has examined and compared all the laws of a general nature in force, and that the said revised statutes are complete, and comply with the terms of this act, such revised statutes shall be deemed and held to be the Revised Statutes of Kansas, and evidence in all courts. Such authentication shall be printed in each copy. Thereafter in any bill to amend or repeal any law or section thereof contained in the revised statutes, it shall be sufficient to refer to the same by the running section numbers.
History: L. 1921, ch. 207, § 3; March 31; R.S. 1923, 77-103.
Revisor's Note: This section provided for examination of the Revised Statutes of 1923 by a joint committee composed of the judiciary committees of the 1923 legislature. The text is omitted as it would appear to serve no useful purpose.
History: L. 1923, ch. 246 (S.C.R. No. 2); approved January 18; R.S. 1923, 77-104.
The following laws shall constitute the General Statutes of Kansas: All laws included by Chester I. Long, F. Dumont Smith and Hugh P. Farrelly, as the commission to revise the General Statutes, in the assembled sections on file with and certified to by said commission, fully examined and identified by the certificate and reported for adoption by the joint committee of the senate and house of representatives, including the revised sections which are hereby reenacted; all laws reported by the commission which it has included by reference; all other laws of a general nature enacted at the present session. All of the above laws are hereby adopted, and shall take effect and be in force, when certified by the commission, as provided in Laws of 1921, chapter 207, section 3 [77-103], and published as the Revised Statutes of Kansas of 1923.
History: L. 1923, ch. 144, § 1; March 9; R.S. 1923, 77-105.
The commission shall incorporate in the assembled sections the laws of a general nature passed at the present session, arrange, edit, number, insert headings, history and cross references, annotate and index all sections, and shall then certify and publish the same as the Revised Statutes of 1923.
History: L. 1923, ch. 144, § 2; March 9; R.S. 1923, 77-106.
When the work of the commission is finally completed, the assembled sections, duly certified as aforesaid, shall be placed on file in the office of the secretary of state, as a permanent record for future reference.
History: L. 1923, ch. 144, § 3; March 9; R.S. 1923, 77-107.
The duties imposed upon said commission may be performed by a majority thereof.
History: L. 1923, ch. 144, § 4; March 9; R.S. 1923, 77-108.
The common law as modified by constitutional and statutory law, judicial decisions, and the conditions and wants of the people, shall remain in force in aid of the General Statutes of this state; but the rule of the common law, that statutes in derogation thereof shall be strictly construed, shall not be applicable to any general statute of this state, but all such statutes shall be liberally construed to promote their object.
History: L. 1923, ch. 144, § 5; March 9; R.S. 1923, 77-109.
The repeal of acts and parts of acts herein provided for shall not revive any law heretofore repealed or superseded, nor any office heretofore abolished; neither shall it affect any act done or right accruing or accrued, or any suit or proceeding in any civil action before the repeal takes effect, but the proceedings therein shall, when necessary, conform to the provisions of the Revised Statutes; nor shall such repeal affect any penalty or forfeiture incurred before it takes effect under any of the laws repealed, except that when a punishment penalty or forfeiture is mitigated by the provisions of the Revised Statutes, such provisions may be extended and applied to any sentence or judgment pronounced after said repeal; nor shall such repeal affect any suit or prosecution pending at the time it takes effect, for an offense committed or forfeiture incurred under any of the acts repealed, except that the proceedings therein shall, when necessary, conform to the provisions of the Revised Statutes.
History: L. 1923, ch. 144, § 6; March 9; R.S. 1923, 77-110.
When a limitation or period of time prescribed in any of the acts repealed, for acquiring a right, or barring a remedy, or for any other purpose, has begun to run, and the same or a similar limitation is prescribed in the Revised Statutes, the time of limitation shall continue to run, and shall have like effect as if the whole period had begun and ended under the operation of the Revised Statutes.
History: L. 1923, ch. 144, § 7; March 9; R.S. 1923, 77-111.
The provisions of the Revised Statutes, so far as they are the same as those of prior laws, shall be construed as a continuation of such laws, and not as new enactments.
History: L. 1923, ch. 144, § 8; March 9; R.S. 1923, 77-112.
The arrangement and classification of the several sections of the Revised Statutes have been made for the purpose of convenience and orderly arrangement and therefore no implication or presumption of a legislative construction is to be drawn therefrom.
History: L. 1923, ch. 144, § 9; March 9; R.S. 1923, 77-113.
All acts of a general nature, not enumerated in K.S.A. 77-105, are hereby repealed upon the publication of the Revised Statutes of 1923.
History: L. 1923, ch. 144, § 10; March 9; R.S. 1923, 77-114.
History: L. 1921, ch. 207, § 2; L. 1923, ch. 146, § 4; R.S. 1923, 77-115; Repealed, L. 1951, ch. 473, § 1; June 30.
The secretary of state is hereby instructed to dispose of the remaining copies of the Revised Statutes of 1923 now in his or her hands at a price of two dollars and fifty cents ($2.50) per copy.
History: L. 1927, ch. 320, § 1; February 9.
The secretary of state is hereby instructed to furnish to each register of deeds, county superintendent of public instruction and county engineer in all of the counties in the state one copy of the Revised Statutes of 1923.
History: L. 1927, ch. 321, § 1; June 1.
General Statutes 1868, chapter 119, sections 1 to 11, inclusive, included by reference. [The title to the act was "An act concerning the general statutes." Section 1 in part was "The following acts of the legislature shall constitute the General Statutes of Kansas, to wit: All acts revised by the commissioners appointed to revise the general laws of this state, and reported to and enacted by the legislature at the present session; all other acts of a general nature enacted at the present session, and the following-named acts, or so much or such part thereof as may be and remain in force at the time of the passage of this act." Here follows a list of the acts included by titles, giving dates on which they were approved. The remainder of the act related to the repeal of other acts, rule for construction, limitation, authentication, and other particulars relating to the publication of the General Statutes of 1868.]
History: R.S. 1923, 77-116.
Laws 1915, chapter 28, sections 1 to 4, inclusive, included by reference. [The title to the act was in part as follows: "An act relating to compilations, editing and printing of the General Statutes of Kansas for 1915 and providing for the disposition and making appropriation therefor ....." This act provided for the publication of the compilation of 1915 in one volume, with references to the supreme and appellate courts to date of publication, under the direction of the state printing commission. Section 2 of the act provided for distribution to state and county officers in the same manner as is provided for the Revised Statutes of 1923 by L. 1923, ch. 146, sec. 4 (77-115). The third subdivision of section 2 provided for the sale of said statutes and is considered in effect so far as the sale of copies of the compilation of 1915 is concerned, and is therefore printed as a part of this section.] [R.S. 1923, 77-117, ¶ 1.]
The balance of said statutes, after such distribution shall be safely kept by the secretary of state for sale to citizens of this state at a price not to exceed two and fifty hundredths dollars per volume and a price not to exceed three dollars per volume to citizens of other states and territories of the United States.
History: L. 1915, ch. 28, § 2; April 7; R.S. 1923, 77-117, ¶ 2.
The secretary of state is hereby authorized to sell General Statutes of Kansas, 1897, in two volumes, at one dollar per set, net to the state, and General Statutes of Kansas, 1901, in one volume, at one dollar each, net to the state.
History: L. 1913, ch. 315, § 1; April 30; R.S. 1923, 77-118.
The secretary of state is hereby authorized to sell General Statutes of Kansas, 1901, at the best price it is able to obtain.
History: L. 1931, ch. 293, § 1; May 28.
All moneys derived from such sales shall be placed in the state treasury for the benefit of the general fund in like manner as other fees.
History: L. 1931, ch. 293, § 2; May 28.
All moneys derived from such sales shall be covered into the state treasury each month, in like manner as other fees.
History: L. 1913, ch. 315, § 2; April 30; R.S. 1923, 77-119.
History: L. 1935, ch. 297, §§ 1 to 3; Repealed, L. 1951, ch. 473, § 1; June 30.
Revisor's Note: This section provided for the authentication of the General Statutes of 1935. Since no new actions or proceedings are likely to arise thereunder, the text is omitted. Later act, see 77-137.
History: L. 1935, ch. 297, § 4; March 14.
Third,
The balance of said statute books, after such distribution, shall be safely kept by the secretary of state for sale at the price of seven dollars and fifty cents per copy.
History: L. 1935, ch. 297, § 5; L. 1937, ch. 354, § 1; February 26.
History: L. 1935, ch. 297, § 6; Repealed, L. 1951, ch. 473, § 1; June 30.
History: L. 1949, ch. 465, §§ 1 to 4; Repealed, L. 1967, ch. 482, § 1; July 1.
History: L. 1949, ch. 465, § 5; Repealed, L. 1964, ch. 31, § 4 (Budget Session); February 17.
The secretary of state is hereby authorized to sell any of the remaining copies of the General Statutes of 1949 now on hand at a price of five dollars ($5) per copy.
History: L. 1964, ch. 31, § 1 (Budget Session); February 17.
All moneys received from such sales shall by the secretary of state be paid into the state treasury, which moneys shall be credited to the state general revenue fund.
History: L. 1964, ch. 31, § 3 (Budget Session); February 17.
After the adjournment of the regular session of the legislature of 1963, the revisor of statutes, in accordance with the provisions of this act, shall edit and prepare for the printing and publication of a compilation of all the general statutes of Kansas in force, including those enacted by the budget session of 1962 and the regular session of 1963, which shall be designated as the "Kansas Statutes Annotated." Said statutes shall be printed and bound by the state printer in the manner specified by the revisor of statutes pursuant to the provisions of this act. The state printer shall save and preserve all of the type used in printing said statutes for use in reprinting any of said volumes, when the same shall become necessary.
History: L. 1963, ch. 454, § 1; April 27.
The Kansas Statutes Annotated shall include:
(a) All general laws and laws of a general nature which are in force and effect at the time of publication of the volume or volumes containing such laws;
(b) the declaration of independence;
(c) the constitution of the United States;
(d) the organic act for the state of Kansas;
(e) the constitution of the state of Kansas; and
(f) act of congress admitting Kansas into the Union.
History: L. 1963, ch. 454, § 2; L. 1988, ch. 364, § 1; July 1.
The revisor of statutes shall prepare and include in the Kansas statutes annotated:
(a) Prefatory material, including statement of copyright authority, authentication statements and table of contents;
(b) captions prefacing the text of the statutes and constitutions, showing their scope, in boldface type;
(c) the history of each statutory section;
(d) source notes and revisor's notes;
(e) cross references to related or qualifying provisions of other sections of the statutes;
(f) appropriate research and practice aids citing pertinent parts of other publications relating to Kansas laws if made available by the publisher thereof;
(g) notes, where possible and appropriate, citing identical statutes of other states;
(h) case annotations covering the reported decisions of the state and federal courts construing and interpreting Kansas laws; and
(i) table of sections showing location of present and former legislative enactments in compilation.
History: L. 1963, ch. 454, § 3; L. 1988, ch. 364, § 2; July 1.
The revisor of statutes of and for the state of Kansas is hereby authorized to enter into a contract with the West Publishing Company of St. Paul, Minnesota, a Minnesota corporation, for the writing of a full, detailed and combined general index to the text of said statutes, the Kansas and United States constitutions and rules of the supreme court of Kansas and an index for each volume of said statutes which indexes shall be of such scope as the revisor of statutes shall deem practicable. The contract shall be in substantially the following form:
CONTRACT
INDEX TO KANSAS STATUTES ANNOTATED
Whereas, The revisor of statutes of and for the state of Kansas is authorized by law to enter into a contract for the writing of a full, detailed and combined general index to the text of the statutory sections of the Kansas statutes, the Kansas and United States constitutions and rules of the supreme court of Kansas as the same are prepared, edited and arranged by said revisor of statutes and indexes for each volume of said statutes: Now, therefore,
This contract is made between West Publishing Company of St. Paul, Minnesota, first party, and the state of Kansas, acting through its revisor of statutes, second party, in consideration of mutual covenants and conditions set forth herein, for the writing of a full, detailed and combined index to the text of the statutory sections of the Kansas statutes, the Kansas and United States constitutions and the rules of the Kansas supreme court as included in said statutes and an index for each volume of said statutes which indexes shall be of such scope as the revisor of statutes shall deem practicable according to the following specifications:
(A) The first party agrees to:
(1) Write, edit and prepare in manuscript form all necessary index references based on a section by section examination of the text of all the sections of said statutes, the constitutional provisions and the rules of the Kansas supreme court.
(2) Do all editorial and manuscript work, including checking of the galley proof after the index has been set into type by the state of Kansas and given the usual proofreading by the state of Kansas for conformity to the manuscript copy submitted.
(3) Send all index reference cards to the second party in edited form for printing direct from said cards.
(B) The second party agrees to:
(1) Furnish first party copy of the text of said statutory sections, constitutional provisions and rules of the Kansas supreme court.
(2) Furnish galley proof to first party after said index is set in type by the state printer.
(C) The second party further agrees:
(1) That the state of Kansas, acting through its revisor of statutes, will pay to the first party the sum of one hundred twenty-four thousand six hundred seventy-five dollars ($124,675) as follows:
(a) Twelve thousand five hundred dollars ($12,500) upon execution of this contract.
(b) Thirty-one thousand dollars ($31,000) six (6) months after the date of the execution of this contract.
(c) The balance of eighty-one thousand one hundred seventy-five dollars ($81,175) upon final completion of the delivery of all printer's proofs of such general index to the revisor of statutes at Topeka, Kansas.
The second party reserves the right to copyright in its name said index.
This contract is executed by the duly authorized parties hereto this ________ day of ____________, 1963.
West Publishing Company, Inc., State of Kansas
President.
Revisor of Statutes.
Secretary.
(seal)
(seal)
Attest:
Attest:
Secretary.
Secretary of State.
History: L. 1963, ch. 454, § 4; April 27.
History: L. 1963, ch. 454, § 5; Repealed, L. 1980, ch. 302, § 8; April 30.
In arranging the material in the Kansas Statutes Annotated and latest supplements thereto, the revisor of statutes shall not alter the sense, meaning or effect of any legislative act but may correct manifest orthographical, clerical or typographical errors and may edit the statutes in the following manner:
(a) By inserting the correct statutory references in lieu of any internal cross-references to session laws or other outdated statutory references.
(b) By omitting opening references to sections repealed or amended, in all sections, and to change descriptive-subject-word headings of sections, subsections or subparts in order to briefly and clearly indicate the subject matter of such sections.
(c) By using the same section numbering system used in the General Statutes of 1949 and 1961 Supplement thereto throughout and in every possible instance, except in the following specifically described instances:
(1) Where such numbering system makes it impracticable to insert sections properly belonging between sections having supplementary letters.
(2) In the renumbering of sections coming within the category stated in subsection (1) of subsection (c) of this section, the revisor of statutes shall devise a plan of sectional numbering that will make necessary the renumbering of the least possible number of such sections in order to maintain as permanent a statutory numbering system for the Kansas Statutes Annotated as possible.
(3) Where a special numbering system is directed by law, such special system shall be followed.
(d) Wherever a board, commission, commissioner, department or other agency or officer of the state government has been abolished by statute and the powers, duties and jurisdiction thereof transferred to some other board, commission, commissioner, department or other agency or officer now in existence, the revisor of statutes may edit the statutes affected thereby by striking out the name of the abolished board, commission, commissioner, department or other agency or officer and inserting in lieu thereof the name of the proper board, commission, commissioner, department or other agency or officer.
(e) The word "provided" alone or in conjunction with other words may appear in either italic or roman type.
(f) Where a pronoun of only masculine or only feminine gender appears a pronoun of the opposite gender may be added, or language may be changed for the same purpose, so long as the opening limitation of this section is not violated.
(g) By striking the word "that" wherever it appears as the first word of any section in the K.S.A. or the latest supplement thereto.
(h) By rearranging sections, changing internal reference numbers to agree with renumbered sections, and by changing capitalization for purposes of uniformity.
(i) By correcting doublets.
No change made pursuant to the provisions of this section shall effect any change in the substantive meaning of the section, and any error made by the revisor of statutes in editing the statutes as authorized by this section shall be construed as a clerical error only.
History: L. 1963, ch. 454, § 6; L. 1975, ch. 266, § 2; July 1.
In addition to the authority granted to the revisor of statutes to edit the Kansas Statutes Annotated and the latest supplement thereto, the revisor is authorized to include by reference such sections or acts as are deemed obsolete or of minor application, the same being muniments of title, provisions relating to acts previously performed, and historical or other matters which are not necessarily subject to repeal but will be chiefly valuable for reference. The reference to the acts which are not printed in full shall bear a citation to the session laws represented and shall contain brief synopses in brackets and appropriate comments or explanatory notes explaining the reason for the omission of the full text. The subjects of the acts included by reference shall be indexed so the full act may be readily found.
Statutes included by reference shall have full force and effect and the comment or explanation shall not effect any change in the substantive meaning of the statute so included, nor shall any commentary be used for the purpose of construing legislative intent. Any error in the commentary made by the office of revisor of statutes shall be construed as clerical error only.
History: L. 1977, ch. 319, § 1; July 1.
Before any copies of a volume of said Kansas Statutes Annotated shall be printed and bound, they shall be examined and compared by the secretary of state and by the attorney general, and if they contain all the laws required by this act, and otherwise comply with the terms of this act, they shall so certify in writing, and after such authentication they shall be deemed and held to be the official statutes of Kansas, and evidence in all courts having jurisdiction. Such authentication shall be printed in each volume of said statutes. In any legislative bill to amend or repeal any law or section in such volume or supplementation thereof, authorized by law, it shall be sufficient to refer to the same by running section numbers of said volume.
History: L. 1963, ch. 454, § 7; L. 1975, ch. 428, § 8; L. 1975, ch. 483, § 1; July 1.
(a) Volumes of the Kansas Statutes Annotated shall be printed and bound by the director of printing and delivered to the secretary of state, who shall distribute such volumes as follows:
First,
the secretary of state shall deposit in the supreme court law library and in the state library such number of copies as the state law librarian and the state librarian, respectively, shall request for use in the law library and the state library, for the purposes of the publication collection and depository system established under K.S.A. 75-2566, and amendments thereto, and making exchanges with the various states and territories, and the secretary of state shall retain one set for the secretary's use in the secretary's office.
Second,
(1) the secretary of state shall distribute one complete set of the Kansas Statutes Annotated to each new member of the legislature at each regular session and if requested by the new member, the new member's name shall be printed thereon.
(2) The secretary of state shall distribute such number of complete sets and individual volumes of the Kansas Statutes Annotated to: (A) The office of revisor of statutes, as the revisor of statutes shall request; (B) the legislative research department, as the director of legislative research shall request; (C) the division of post audit, as the post auditor shall request; (D) the division of legislative administrative services, as the director of legislative administrative services shall request; and (E) the judicial branch of state government, as the chief justice of the supreme court shall request.
(3) The secretary of state shall distribute: (A) Two sets to each representative in congress and United States senator from the state of Kansas, upon request by such representative or senator; (B) one set each to the governor, lieutenant governor and attorney general, upon request by the governor, lieutenant governor or attorney general; (C) to Washburn university school of law, the number of sets, not to exceed 60 sets, that the librarian of the school of law certifies to the secretary of state as necessary for the purpose of exchanging with other states and territories and to be kept in the library for the use of faculty and students of the university; (D) to the school of law of the university of Kansas, the number of sets, not to exceed 60 sets, that the librarian of the school of law certifies to the secretary of state as necessary for the purpose of exchanging with other states and territories and to be kept in the library for the use of faculty and students of the university; (E) to the clerk of the district court of the United States for the state of Kansas, the number of sets, not to exceed five sets, as are requested by such clerk; (F) one set to each county law library in the state, upon request by the librarian thereof; (G) to each county clerk, the number of sets requested by the county clerk, not to exceed seven sets, to be distributed not more than one set each to the county or district attorney, the county clerk, the county counselor, if any, the register of deeds, the sheriff, the county treasurer and the board of county commissioners, which set shall be retained by the county clerk for use by such board; (H) not more than one set to each city of the third class, one set to each city of the second class and two sets to each city of the first class, upon request by the city clerk; and (I) one set to the state historical society library.
Third,
the balance of statute books, after the above distribution shall be kept by the secretary of state for sale.
(b) The secretary of state shall sell each volume of the Kansas Statutes Annotated, including replacement volumes, at the per volume price fixed therefor by the legislative coordinating council as provided for under this section. General index volumes, when sold separately and not as a part of a set of cumulative supplements, shall be sold at the per volume price fixed therefor by the legislative coordinating council. The secretary of state shall remit all moneys received from such sales, as provided for under this section, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) The legislative coordinating council shall fix the per volume price of each volume of the Kansas Statutes Annotated, including replacement volumes, sold under this section to recover the costs of printing and binding such volumes. The legislative coordinating council shall revise such prices from time to time for the purposes of covering and recovering such costs.
History: L. 1963, ch. 454, § 8; L. 1965, ch. 504, § 1; L. 1967, ch. 483, § 1; L. 1972, ch. 350, § 1; L. 1973, ch. 388, § 1; L. 1974, ch. 135, § 18; L. 1976, ch. 147, § 10; L. 1976, ch. 151, § 9; L. 1978, ch. 385, § 1; L. 1980, ch. 302, § 1; L. 1982, ch. 384, § 1; L. 1988, ch. 365, § 1; L. 1990, ch. 339, § 4; L. 2001, ch. 5, § 437; L. 2021, ch. 61, § 54; L. 2024, ch. 43, § 2; July 1.
History: L. 1969, ch. 426, §§ 1, 2, 4; Repealed, L. 1978, ch. 385, § 8; April 1.
History: L. 1972, ch. 351, §§ 1, 2, 4, 5; Repealed, L. 1978, ch. 385, § 8; April 1.
History: L. 1973, ch. 389, § 3; Repealed, L. 1978, ch. 385, § 8; April 1.
Notwithstanding any provision of law to the contrary, whenever the secretary of state and the revisor of statutes determine that a volume of Kansas Statutes Annotated or a pocket-part supplement thereto has become obsolete by reason of publication of a later volume or pocket-part, such officers may provide for the disposition of the remaining copies of such volume or pocket-part supplement by whatever means said officers determine without making a charge therefor.
History: L. 1974, ch. 210, § 2; July 1.
(a) Prior to December 31, 1979, the revisor of statutes shall edit, prepare for printing and publish a new hardbound constitutions volume of the Kansas Statutes Annotated.
(b) In editing and publishing the constitutions volume, the revisor shall be governed to the extent practicable by the provisions of K.S.A. 77-133, 77-135, 77-136, 77-136a and 77-137.
(c) In addition to the constitutions of the United States and the state of Kansas, the revisor shall include in the constitutions volume an index to the material contained therein, a comparative table of sections compiled from session law references appearing in legislative histories of statutory sections and such other materials as will facilitate use of the volume.
(d) After publication of the constitutions volume provided for in this section, said volume shall thereafter be kept up to date by cumulative supplements in the same manner as provided for supplementation of Kansas Statutes Annotated by K.S.A. 77-163 et seq. The revisor may publish supplemental indexes, tables and related material in paperbound volumes to be included in the sale of supplements to the Kansas Statutes Annotated.
History: L. 1975, ch. 266, § 6; L. 1976, ch. 414, § 1; L. 1978, ch. 385, § 2; L. 1980, ch. 302, § 2; April 30.
The 1978 cumulative pocket-part supplement to the constitutions volume of the Kansas Statutes Annotated shall include a comparative table of sections compiled from session law references appearing in legislative histories of statutory sections, beginning with the 1964 budget session of the legislature and concluding with the 1978 regular session of the legislature.
History: L. 1978, ch. 385, § 3; April 1.
The revisor of statutes shall prepare in one or more paperbound volumes, to be included in the sale of supplements to the Kansas Statutes Annotated, a general index to replace the general index volume of Kansas Statutes Annotated and the supplement thereto. Such paperbound general index volume or volumes shall be republished each year and shall be full and detailed general indexes to the Kansas and United States constitutions, governor's executive reorganization orders, the rules of the supreme court of Kansas and to the Kansas general statutes then in force and effect or which will be in force and effect prior to publication of subsequent paperbound general index volume or volumes.
History: L. 1978, ch. 385, § 4; L. 1980, ch. 302, § 3; April 30.
(a) Each year the revisor of statutes shall edit and prepare for printing and publication such volumes of the Kansas Statutes Annotated as have been included in the detailed budget of the legislative coordinating council for the revisor of statutes. Except as otherwise provided by law for volumes containing constitutions and the general index, the volume or volumes published each year shall contain all of the statutes in force and effect then contained in the volume or volumes of the Kansas Statutes Annotated being replaced and the then current supplements thereto, together with all acts passed by the current session of the legislature and assigned by the revisor of statutes to chapters in the volume or volumes being newly published.
(b) When more than one volume is being newly published in any year, the material in the replacement volumes shall be divided between or among the replacement volumes as nearly equally as practicable by the revisor of statutes. Each volume shall be printed and bound by the division of printing in the format prescribed by K.S.A. 77-152 and amendments thereto. Replacement volumes shall not contain volume indexes. In editing and preparing the material to be contained in replacement volumes of the Kansas Statutes Annotated for publication, the provisions of K.S.A. 77-133, 77-136, 77-136a and 77-152, and amendments to these statutes, shall govern the revisor and the division of printing, insofar as the same can be made applicable, and the statutes to be contained in replacement volumes shall be authenticated in the same manner as required under K.S.A. 77-137 and amendments thereto. After publication of replacement volumes, each shall thereafter be kept up to date by cumulative supplements in the same manner as provided for supplementation of Kansas Statutes Annotated by K.S.A. 77-163 et seq. and amendments thereto.
(c) Replacement volumes of the Kansas Statutes Annotated shall be printed in the number of copies specified by the revisor of statutes, subject to available appropriations, and shall be distributed and sold in the same manner as provided in K.S.A. 77-138 and amendments thereto as for the distribution of volumes of the Kansas Statutes Annotated.
History: L. 1978, ch. 385, § 7; L. 1980, ch. 302, § 4; L. 1990, ch. 339, § 5; July 1.
(a) Replacement volumes to the Kansas Statutes Annotated shall be printed and bound in accordance with the following specifications:
(1) Text of sections in ten (10) point Caledonia light and bold type on a ten (10) point base and a seventeen (17) pica line.
(2) Notes and case annotations in eight (8) point Caledonia type on an eight (8) point base and a seventeen (17) pica line.
(3) Width of type pages thirty-five (35) picas.
(4) Length of type page to be fifty-three (53) picas, including page captions.
(5) Outside cover dimensions to be six and seven-eighths (6⅞) inches (from joint) wide by ten and one-fourth (10¼) inches long.
(6) Page trim size to be ten (10) inches by six and seven-eighths (6⅞) inches.
(b) Each volume of said statutes shall be printed on Olin's white Waylite offset book paper, thirty (30) or thirty-five (35) pound basis, or approved equal.
(c) Each volume shall be bound, back stitched and stamped with lettering as specified by the revisor of statutes.
History: L. 1980, ch. 302, § 7; April 30.
Revisor's Note: Later act, see 46-1211.
History: L. 1929, ch. 279, § 1, L. 1933, ch. 287, § 8; L. 1939, ch. 316, § 1; L. 1943, ch. 286, § 1; L. 1945, ch. 303, § 12; L. 1947, ch. 416, § 24; L. 1949, ch. 423, § 18; L. 1953, ch. 387, § 2; L. 1955, ch. 395, 1; L. 1959, ch. 337, § 15; L. 1961, ch. 409, § 11; L. 1965, ch. 458, § 26; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1929, ch. 279, §§ 2, 3; Repealed, L. 1971, ch. 184, § 42; May 1.
After the close of each regular session of the legislature the revisor of statutes shall prepare and furnish to the director of printing copy for the general index paperbound volume or volumes and cumulative supplements to the current bound volumes of Kansas Statutes Annotated. Such cumulative supplements shall contain all general laws and all laws of a general nature enacted at any general or special session of the legislature subsequent to the publication of the current bound volumes of the Kansas Statutes Annotated and not included therein. The material in such supplements shall be arranged in the same order as like material is arranged in the current bound volumes, and shall show all sections repealed or amended, and shall be annotated to decisions of the supreme court subsequent to the date of publication of the current bound volumes. The revisor of statutes may include such cross-reference tables and materials as the revisor determines will facilitate the use of such supplements. The revisor of statutes may edit the statutes contained in the supplements in the same manner as authorized by K.S.A. 77-136 and amendments thereto.
History: L. 1929, ch. 279, § 4; L. 1949, ch. 465, § 6; L. 1959, ch. 363, § 3; L. 1963, ch. 454, § 9; L. 1967, ch. 484, § 1; L. 1973, ch. 389, § 1; L. 1975, ch. 266, § 4; L. 1978, ch. 385, § 5; L. 1980, ch. 302, § 5; April 30.
Before any copies of said pocket-part supplements shall be printed or sold and delivered by the secretary of state they shall be examined and compared by him or her and the attorney general, and if they contain all the general laws and laws of a general nature passed at all regular and special sessions of the legislature subsequent to the last revision or compilation, fully annotated and indexed, and otherwise comply with the terms of this act, they shall so certify in writing and such authentication shall be printed in each volume of said pocket-part supplement, and after such authentication they shall be deemed and held to be general statutes of Kansas, supplemental to the last general revision or compilation of the general statutes of Kansas and held to be evidence in all courts having jurisdiction in this state, and in any bill to amend or repeal any law or section therein contained or any succeeding pocket-part supplement authorized by the provision of this act and authenticated as herein provided, it shall be sufficient to refer to the same by the running section numbers of said pocket-part supplement.
History: L. 1929, ch. 279, § 5; L. 1933, ch. 304, § 1; L. 1949, ch. 465, § 7; L. 1963, ch. 454, § 10; April 27.
(a) Such number of copies of the cumulative supplements for each volume of the Kansas Statutes Annotated, corresponding as nearly as possible in size and page with the current bound volumes, as is specified by the revisor of statutes, subject to available appropriations, shall be printed by the director of printing and delivered to the secretary of state. Each year, such number of sets of the general index paperbound volume or volumes as is specified by the revisor of statutes, subject to available appropriations, shall be printed by the director of printing and delivered to the secretary of state. For purposes of this section, the general index paperbound volume or volumes shall be considered supplements. The revisor of statutes, with the approval of the legislative coordinating council, may provide for printing and delivery of additional copies of supplements to volumes of the Kansas Statutes Annotated.
(b) The secretary of state shall distribute full sets of supplements, including the general index paperbound volume or volumes, as follows:
First,
by delivering to all state officers, county officers and other departments and officers the same number of sets and in the same manner as provided by K.S.A. 77-138, and amendments thereto, for the distribution of volumes of the Kansas Statutes Annotated.
Second,
by delivering a set to each returning member of the legislature at each regular session, upon request by such member of the legislature. The secretary of state shall send an email to each returning member of the legislature to such member's official legislative email account asking the member whether such member requests a set of supplements. If the secretary of state does not receive a response to any such email, the secretary of state shall attempt to contact such member at least two more times via such member's official legislative email account to determine whether the member requests a set of supplements.
Third,
the balance of such supplements, including as a part thereof the general index paperbound volume or volumes, after such distribution, shall be kept by the secretary of state for sale. Supplements for individual volumes, except index volumes, shall be sold at the per volume price fixed therefor by the legislative coordinating council as provided for under this section. Complete sets of cumulative supplements, including the general index volume, shall be sold at the complete set price fixed therefor by the legislative coordinating council as provided for under this section.
(c) The secretary of state shall remit all moneys received from the sale of supplements under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(d) The legislative coordinating council shall fix the per volume and complete set prices of the cumulative supplements for the Kansas Statutes Annotated sold, as provided for under this section, to recover the costs of printing and binding such supplements. The legislative coordinating council shall revise such prices from time to time for the purposes of covering and recovering such costs.
History: L. 1929, ch. 279, § 6; L. 1933, ch. 305, § 1; L. 1949, ch. 465, § 8; L. 1955, ch. 396, § 1; L. 1957, ch. 487, § 1; L. 1959, ch. 363, § 2; L. 1961, ch. 437, § 1; L. 1963, ch. 454, § 11; L. 1967, ch. 483, § 2; L. 1968, ch. 363, § 1; L. 1972, ch. 353, § 1; L. 1973, ch. 389, § 2; L. 1975, ch. 266, § 5; L. 1976, ch. 414, § 2; L. 1978, ch. 385, § 6; L. 1980, ch. 302, § 6; L. 1982, ch. 384, § 2; L. 1990, ch. 339, § 6; L. 2001, ch. 5, § 438; L. 2024, ch. 43, § 3; July 1.
The secretary of state be and is hereby authorized to sell any of the remaining copies of the 1961 supplement to the General Statutes of 1949 now on hand at a price of two dollars and fifty cents ($2.50) per copy.
History: L. 1964, ch. 31, § 2 (Budget Session); February 17.
History: L. 1941, ch. 266, § 4; Repealed, L. 1969, ch. 251, § 10; January 21.
After the passage of 1965 Senate bill No. 4, known as the "uniform commercial code," the revisor of statutes shall edit and prepare for printing and publication the provisions thereof as a new and separate volume of the Kansas Statutes Annotated. Said volume shall be numbered "7" and shall be printed and bound by the state printer in the same format used in the Kansas Statutes Annotated in the manner as specified by the revisor of statutes pursuant to the provisions of this act.
In addition to the material and requirements specified in the K.S.A. 77-133, the revisor of statutes shall include in said volume an index to the text of the statutes included therein and such other material as will facilitate the use of such volume. Said code shall be given the Kansas Statutes Annotated chapter number 84, and the running section numbers shall contain such chapter citation followed by the numerical part of the uniform commercial code citation, for example, "84-1-101," and the "UCC" references preceding the section captions shall be omitted.
History: L. 1965, ch. 507, § 1; May 20.
The revisor of statutes and the state printer shall prepare estimates of the costs of preparing, indexing, printing and binding said volume which shall be transmitted by the revisor of statutes to the appropriate committees of the 1965 legislature.
History: L. 1965, ch. 507, § 2; May 20.
Ten thousand (10,000) copies of such volume shall be printed by the state printer and delivered to the secretary of state. The secretary of state shall dispose of such copies as follows:
First,
by delivering to all members of the legislature, state officers, county officers and other departments and officers the same number of copies and in the same manner as provided by K.S.A. 77-138.
Second,
the balance of said copies, after such distribution, shall be safely kept by the secretary of state for sale at the price of fifteen dollars ($15) per copy.
All moneys received from the sale of said copies shall be by the secretary of state turned into the state treasury to reimburse the state for the cost of such publication.
History: L. 1965, ch. 507, § 3; May 20.
The revisor of statutes is hereby authorized to provide for the reprinting and binding of two thousand (2,000) additional copies of the Uniform Commercial Code as published in 1965 and designated as Volume 7 of the Kansas Statutes Annotated. Estimates of the cost for such printing and binding shall be obtained by the revisor from the director of printing before any requisition shall be issued for the printing and binding of such additional volumes. Upon completion of such printing and binding, the director of printing shall deliver all such copies to the office of secretary of state for sale or such other distribution as is specifically provided for by law.
The cost of reprinting and binding of the additional copies of Volume 7 shall be paid by the office of revisor of statutes from appropriations made to the office for such purpose. All moneys received from the sale of Volume 7 by the secretary of state shall be remitted to the state treasurer and deposited in the state treasury to the credit of the state general fund to reimburse the state for the cost of publication of said volume.
History: L. 1976, ch. 414, § 3; April 19.
In the construction of the statutes of this state the following rules shall be observed, unless the construction would be inconsistent with the manifest intent of the legislature or repugnant to the context of the statute:
First. The repeal of a statute does not revive a statute previously repealed, nor does the repeal affect any right which accrued, any duty imposed, any penalty incurred or any proceeding commenced, under or by virtue of the statute repealed. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of the prior provisions and not as a new enactment.
Second. Words and phrases shall be construed according to the context and the approved usage of the language, but technical words and phrases, and other words and phrases that have acquired a peculiar and appropriate meaning in law, shall be construed according to their peculiar and appropriate meanings.
Third. Words importing the singular number only may be extended to several persons or things, and words importing the plural number only may be applied to one person or thing. Words importing the masculine gender only may be extended to females.
Fourth. Words giving a joint authority to three or more public officers or other persons shall be construed as given that authority to a majority of them, unless it is otherwise expressed in the act giving the authority.
Fifth. "Highway" and "road" include public bridges and may be construed to be equivalent to "county way," "county road," "common road," "state road" and "territorial road."
Sixth. "Incompetent person" includes disabled persons and incapacitated persons as defined in this section.
Seventh. "Issue," as applied to the descent of estates, includes all the lawful lineal descendants of the ancestor.
Eighth. "Land," "real estate" and "real property" include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal.
Ninth. "Personal property" includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, K.S.A. 2025 Supp. 58-4801 through 58-4819, and amendments thereto.
Tenth. "Property" includes personal and real property.
Eleventh. "Month" means a calendar month, unless otherwise expressed. "Year" alone, and also the abbreviation "A.D.," is equivalent to the expression "year of our Lord."
Twelfth. "Oath" includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm.
Thirteenth. "Person" may be extended to bodies politic and corporate.
Fourteenth. If the seal of a court or public office or officer is required by law to be affixed to any paper, "seal" includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. "Seal" also includes both a rubber stamp seal used with permanent ink and the word "seal" printed on court documents produced by computer systems, so that the seal may be legibly reproduced by photographic process.
Fifteenth. "State," when applied to the different parts of the United States, includes the District of Columbia and the territories. "United States" may include that district and those territories.
Sixteenth. "Town" may mean a civil township, unless a different meaning is plainly intended.
Seventeenth. "Will" includes codicils.
Eighteenth. "Written" and "in writing" may include printing, engraving, lithography and any other mode of representing words and letters, excepting those cases where the written signature or the mark of any person is required by law.
Nineteenth. "Sheriff" may be extended to any person performing the duties of the sheriff, either generally or in special cases.
Twentieth. "Deed" is applied to an instrument conveying lands but does not imply a sealed instrument. "Bond" and "indenture" do not necessarily imply a seal but in other respects mean the same kind of instruments as above. "Undertaking" means a promise or security in any form where required by law.
Twenty-first. "Executor" includes an administrator where the subject matter applies to an administrator.
Twenty-second. Roman numerals and Arabic figures are to be taken as a part of the English language.
Twenty-third. "Residence" means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. When a person eats at one place and sleeps at another, the place where the person sleeps shall be considered the person's residence.
Twenty-fourth. "Usual place of residence" and "usual place of abode," when applied to the service of any process or notice, means the place usually occupied by a person. If a person has no family, or does not have family with the person, the person's office or place of business or, if the person has no place of business, the room or place where the person usually sleeps shall be construed to be the person's place of residence or abode.
Twenty-fifth. "Householder" means a person who is 18 or more years of age and who owns or occupies a house as a place of residence and not as a boarder or lodger.
Twenty-sixth. "General election" refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year.
Twenty-seventh. "Under legal disability" includes persons who are within the period of minority, or who are incapacitated, incompetent or imprisoned.
Twenty-eighth. When a person is required to be disinterested or indifferent in acting on any question or matter affecting other parties, relationship within the degree of second cousin, inclusive, shall disqualify the person from acting, except by consent of parties.
Twenty-ninth. "Head of a family" shall include any person who has charge of children, relatives or others living with the person.
Thirtieth. "Mentally ill person" means a mentally ill person as defined in K.S.A. 59-2946, and amendments thereto.
Thirty-first. "Incapacitated person" means an individual whose ability to receive and evaluate relevant information, or to effectively communicate decisions, or both, even with the use of assistive technologies or other supports, is impaired to the degree that the person lacks the capacity to manage the person's estate, or to meet essential needs for the person's physical health, safety or welfare, as defined in K.S.A. 2025 Supp. 59-30,102, and amendments thereto, whether or not a guardian or a conservator has been appointed for that person.
Thirty-second. "Guardian" means an individual or a nonprofit corporation certified in accordance with K.S.A. 2025 Supp. 59-30,112, and amendments thereto, which has been appointed by a court to act on behalf of a ward and possessed of some or all of the powers and duties set out in K.S.A. 2025 Supp. 59-30,153 through 59-30,155, and amendments thereto. "Guardian" does not mean natural guardian unless specified.
Thirty-third. "Natural guardian" means both the biological or adoptive mother and father of a minor if neither parent has been found to be an adult with an impairment in need of a guardian or has had parental rights terminated by a court of competent jurisdiction. If either parent of a minor is deceased, or has been found to be an adult with an impairment in need of a guardian, as provided for in the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 2025 Supp. 59-30,101 through 59-30,212, and amendments thereto, or has had parental rights terminated by a court of competent jurisdiction, then the other parent shall be the natural guardian, unless also deceased, or found to be an adult with an impairment in need of a guardian, or has had parental rights terminated by a court of competent jurisdiction, in which case no person shall qualify as the natural guardian.
Thirty-fourth. "Conservator" means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in K.S.A. 2025 Supp. 59-30,176 through 59-30,179, and amendments thereto.
Thirty-fifth. "Minor" means any person defined by K.S.A. 38-101, and amendments thereto, as being within the period of minority.
Thirty-sixth. "Proposed ward" means a person for whom a petition for the appointment of a guardian pursuant to K.S.A. 2025 Supp. 59-30,105, 59-30,126, 59-30,129, 59-30,142, 59-30,267 or 59-30,268, and amendments thereto, has been filed.
Thirty-seventh. "Proposed conservatee" means a person for whom a petition for the appointment of a conservator pursuant to K.S.A. 2025 Supp. 59-30,105, 59-30,126, 59-30,129, 59-30,142, 59-30,267 or 59-30,268, and amendments thereto, has been filed.
Thirty-eighth. "Ward" means a person who has a guardian.
Thirty-ninth. "Conservatee" means a person who has a conservator.
Fortieth. "Manufactured home" means a structure which:
(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
(2) is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403.
Forty-first. "Mobile home" means a structure which:
(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width and 36 body feet or more in length and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
(2) is not subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403.
Forty-second. "Disabled person" includes incapacitated persons and incompetent persons as defined in this section.
History: G.S. 1868, ch. 104, § 1; R.S. 1923, 77-201; L. 1965, ch. 505, § 1; L. 1972, ch. 161, § 22; L. 1976, ch. 243, § 40; L. 1977, ch. 199, § 2; L. 1983, ch. 306, § 1; L. 1983, ch. 191, § 23; L. 1985, ch. 114, § 29; L. 1986, ch. 211, § 39; L. 1991, ch. 33, § 37; L. 1996, ch. 167, § 64; L. 2002, ch. 114, § 79; L. 2017, ch. 19, § 24; L. 2025, ch. 40, § 166; January 1, 2026.
History: L. 1970, ch. 378, § 1; L. 1979, ch. 199, § 11; Repealed, L. 1984, ch. 345, § 4; July 1.
In lieu of giving notice by registered mail as provided for by specific statutes of this state, any party may give the notice required by certified mail and notice so given by certified mail shall constitute and be sufficient notice the same as though such notice was made pursuant to specific statutes requiring registered mail.
History: L. 1970, ch. 379, § 1; July 1.
This act may be cited as the uniform determination of death act.
History: L. 1984, ch. 345, § 3; July 1.
An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
History: L. 1984, ch. 345, § 1; July 1.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History: L. 1984, ch. 345, § 2; July 1.
(a) Notwithstanding any provision of state law to the contrary, with respect to the application of an individual's biological sex pursuant to any state law or rules and regulations, the following shall apply:
(1) An individual's "sex" means such individual's biological sex, either male or female, at birth;
(2) a "female" is an individual whose biological reproductive system is developed to produce ova, and a "male" is an individual whose biological reproductive system is developed to fertilize the ova of a female;
(3) the terms "woman" and "girl" refer to human females, and the terms "man" and "boy" refer to human males;
(4) the term "mother" means a parent of the female sex, and the term "father" means a parent of the male sex;
(5) with respect to biological sex, the term "equal" does not mean "same" or "identical";
(6) with respect to biological sex, separate accommodations are not inherently unequal; and
(7) an individual born with a medically verifiable diagnosis of "disorder/differences in sex development" shall be provided legal protections and accommodations afforded under the Americans with disabilities act and applicable Kansas statutes.
(b) Laws and rules and regulations that distinguish between the sexes are subject to intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair discrimination against similarly situated male and female individuals but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives. Notwithstanding any provision of state law to the contrary, distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated that result in separate accommodations are substantially related to the important governmental objectives of protecting the health, safety and privacy of individuals in such circumstances.
(c) Any school district, or public school thereof, and any state agency, department or office or political subdivision that collects vital statistics for the purpose of complying with anti-discrimination laws or for the purpose of gathering accurate public health, crime, economic or other data shall identify each individual who is part of the collected data set as either male or female at birth.
History: L. 2023, ch. 84, § 1; July 1.
History: L. 1939, ch. 308, §§ 1 to 4; Repealed, L. 1947, ch. 440 § 11; July 1.
History: L. 1947, ch. 440, §§ 1 to 10; Repealed, L. 1965, ch. 506, § 40; June 30.
(a) K.S.A. 77-415 through 77-440 and K.S.A. 2025 Supp. 77-441, and amendments thereto, shall be known and may be cited as the rules and regulations filing act.
(b) (1) Unless otherwise provided by statute or constitutional provision, each rule and regulation issued or adopted by a state agency shall comply with the requirements of the rules and regulations filing act. Except as provided in this section, any standard, requirement or other policy of general application may be given binding legal effect only if it has complied with the requirements of the rules and regulations filing act.
(2) Notwithstanding the provisions of this section:
(A) An agency may bind parties, establish policies, and interpret statutes or regulations by order in an adjudication under the Kansas administrative procedure act or other procedures required by law, except that such policies shall not include the establishment of rules governing future private conduct that have the force of law and such order shall not be used as precedent in any subsequent adjudication against a person who was not a party to the original adjudication unless the order is:
(i) Designated by the agency as precedent;
(ii) not overruled by a court or later adjudication; and
(iii) disseminated to the public in one of the following ways:
(a) Inclusion in a publicly available index, maintained by the agency and published on its website, of all orders designated as precedent;
(b) publication by posting in full on an agency website in a format capable of being searched by key terms; or
(c) being made available to the public in such other manner as may be prescribed by the secretary of state.
(B) Any statement of agency policy may be treated as binding within the agency if such statement of policy is directed to agency personnel relating to the performance of their duties or the internal management of or organization of the agency. No statement of agency policy listed in this subparagraph may be relied on to bind the general public.
(C) An agency may provide forms, the content or substantive requirements of which are prescribed by rule and regulation or statute, except that no such form may give rise to any legal right or duty or be treated as authority for any standard, requirement or policy reflected therein.
(D) An agency may provide guidance or information to the public, describing any agency policy or statutory or regulatory requirement except that no such guidance or information may give rise to any legal right or duty or be treated as authority for any standard, requirement or policy reflected therein.
(E) None of the following shall be subject to the rules and regulations filing act:
(i) Any policy relating to the curriculum of a public educational institution or to the administration, conduct, discipline, or graduation of students from such institution.
(ii) Any parking and traffic regulations of any state educational institution under the control and supervision of the state board of regents.
(iii) Any rule and regulation relating to the emergency or security procedures of a correctional institution, as defined in K.S.A. 75-5202(d), and amendments thereto.
(iv) Any order issued by the secretary of corrections or any warden of a correctional institution under K.S.A. 75-5256, and amendments thereto.
(F) When a statute authorizing an agency to issue rules and regulations or take other action specifies the procedures for doing so, those procedures shall apply instead of the procedures in the rules and regulations filing act.
(c) As used in the rules and regulations filing act, and amendments thereto, unless the context clearly requires otherwise:
(1) "Board" means the state rules and regulations board established under the provisions of K.S.A. 77-423, and amendments thereto.
(2) "Environmental rule and regulation" means:
(A) A rule and regulation adopted by the secretary of agriculture, the secretary of health and environment or the state corporation commission that has as a primary purpose the protection of the environment; or
(B) a rule and regulation adopted by the secretary of wildlife and parks concerning threatened or endangered species of wildlife as defined in K.S.A. 32-958, and amendments thereto.
(3) "Implementation and compliance costs" means direct costs that are readily ascertainable based upon standard business practices, including, but not limited to, fees, the cost to obtain a license or registration, the cost of equipment required to be installed or used, additional operating costs incurred, the cost of monitoring and reporting and any other costs to comply with the requirements of the proposed rule and regulation.
(4) "Person" means an individual, firm, association, organization, partnership, business trust, corporation, company or any other legal or commercial entity.
(5) "Rule and regulation," "rule" and "regulation" means a standard, requirement or other policy of general application that has the force and effect of law, including amendments or revocations thereof, issued or adopted by a state agency to implement or interpret legislation.
(6) "Rulemaking" means the same as defined in K.S.A. 77-602, and amendments thereto.
(7) "Small employer" means any person, firm, corporation, partnership or association that employs not more than 50 employees, the majority of whom are employed within this state.
(8) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches, which is authorized by law to promulgate rules and regulations concerning the administration, enforcement or interpretation of any law of this state.
History: L. 1965, ch. 506, § 1; L. 1977, ch. 321, § 1; L. 1978, ch. 120, § 24; L. 1978, ch. 386, § 1; L. 1980, ch. 303, § 1; L. 1981, ch. 364, § 1; L. 1981, ch. 157, § 3; L. 1981, ch. 365, § 1; L. 1982, ch. 385, § 2; L. 1982, ch. 386, § 1; L. 1982, ch. 142, § 26; L. 1983, ch. 307, § 1; L. 1989, ch. 282, § 1; L. 1991, ch. 276, § 1; L. 1995, ch. 171, § 1; L. 1996, ch. 43, § 4; L. 1997, ch. 160, § 42; L. 2008, ch. 25, § 1; L. 2010, ch. 95, § 1; L. 2011, ch. 14, § 1; L. 2012, ch. 47, § 122; L. 2013, ch. 2, § 1; L. 2023, ch. 7, § 136; L. 2024, ch. 90, § 2; July 1.
The secretary of state shall file and publish all rules and regulations as provided by article 4 of chapter 77 of the Kansas Statutes Annotated. The secretary of state may adopt rules and regulations necessary to carry out its duties under this act.
History: L. 1988, ch. 366, § 1; L. 2010, ch. 95, § 2; July 1.
All rules and regulations of state agencies which are in force and effect at the time this act takes effect shall continue to be effective and shall be deemed to be duly filed with the secretary of state as provided for by this act until revised, amended, revoked or nullified pursuant to law.
History: L. 1988, ch. 366, § 2; L. 2010, ch. 95, § 3; July 1.
(a) Every state agency shall file with the secretary of state every rule and regulation adopted by it and every amendment and revocation thereof in the manner prescribed by the secretary of state. Each rule and regulation shall include a citation to the statutory section or sections being implemented or interpreted and a citation of the authority pursuant to which it, or any part thereof, was adopted. Every rule and regulation filed in the office of the secretary of state shall be accompanied by a copy of the economic impact statement required by subsection (b) and a copy of the environmental benefit statement if required by subsection (d). A copy of any document adopted by reference in a rule and regulation shall be available from the state agency that adopted the rule and regulation upon request by any individual interested therein. The state agency, under the direction of the secretary of state, shall number each section with a distinguishing number and, in making a compilation of the rules and regulations, the sections shall be arranged in numerical order. A decimal system of numbering shall be prohibited.
(b) (1) At the time of drafting a proposed rule and regulation or amendment to an existing rule and regulation, the state agency shall consider the economic impact of the proposed rule and regulation. The state agency shall prepare an economic impact statement that shall include:
(A) An analysis, brief description, and cost and benefit quantification of the proposed rules and regulations and what is intended to be accomplished by their adoption. If the approach chosen by the Kansas agency to address the policy issue is different from that utilized by agencies of contiguous states or of the federal government, the economic impact statement shall include an explanation of why the Kansas agency's rule and regulation differs;
(B) whether the proposed rule and regulation is mandated by federal law as a requirement for participating in or implementing a federally subsidized or assisted program and whether the proposed rules and regulations exceed the requirements of applicable federal law;
(C) an analysis specifically addressing the following factors:
(i) The extent to which the rule and regulation will enhance or restrict business activities and growth;
(ii) the economic effect, including a detailed quantification of implementation and compliance costs, on the specific businesses, business sectors, public utility ratepayers, individuals and local governmental units that will be affected by the proposed rule and regulation and on the state economy as a whole;
(iii) the businesses that would be directly affected by the proposed rule and regulation;
(iv) the benefits of the proposed rule and regulation compared to the cost;
(v) measures taken by the agency to minimize the cost and impact of the proposed rule and regulation on business and economic development within the state of Kansas, local government and individuals; and
(vi) an estimate of the total annual implementation and compliance costs that are reasonably expected to be incurred by or passed along to businesses, local governmental units or individuals and a determination of whether those costs will exceed $1,000,000 over the initial five-year period following adoption of the proposed rule and regulation.
(2) The state agency shall consult with the league of Kansas municipalities, Kansas association of counties and the Kansas association of school boards, as appropriate, when preparing the economic impact statement of a proposed rule and regulation which increases or decreases revenues of cities, counties or school districts or imposes functions or responsibilities on cities, counties or school districts that will increase their expenditures or fiscal liability. The agency shall consult and solicit information from businesses, business associations, local governmental units, state agencies or institutions and members of the public that may be affected by the proposed rule and regulation or that may provide relevant information.
(3) As required pursuant to the provisions of K.S.A. 77-420(d), and amendments thereto, the state agency shall reevaluate and, when necessary, update the economic impact statement when directed to do so by the director of the budget and, if approved by the director of the budget, shall submit the revised economic impact statement at the time of filing a rule and regulation with the secretary of state. If a public hearing was held prior to the adoption of the rule and regulation, a state agency at the time of filing a rule and regulation with the secretary of state shall include as a part of the economic impact statement a statement specifying the time and place at which the hearing was held and the attendance at the hearing. A copy of the current economic impact statement shall be available from the state agency upon request by any party interested therein.
(4) The implementation and compliance costs determined under subsection (b)(1)(C)(vi) shall be those additional costs reasonably expected to be incurred and shall be separately identified for the affected businesses, local governmental units and individuals. In determining total additional costs of such proposed rules and regulations, the state agency shall not account for any actual or estimated cost savings that may be realized by the implementing state agency, local government or by individuals.
(c) Pursuant to the provisions of K.S.A. 77-420, and amendments thereto, the director of the budget shall review the economic impact statement prepared by any state agency and shall prepare a supplemental or revised statement and an independent analysis by the director of the budget of the cost and the factors as set forth in subsection (b)(1)(A) and (C) and subsection (e). If possible, the supplemental or revised statement shall include a reliable estimate in dollars of the anticipated change in revenues and expenditures of the state. It also shall include a statement, if determinable or reasonably foreseeable, of the immediate and long-range economic impact of the rule and regulation upon individuals subject thereto, small employers and the general public. If, after careful investigation, it is determined that no dollar estimate is possible, the statement shall set forth the reasons why no dollar estimate can be given. Every state agency is directed to cooperate with the division of the budget in the preparation of any statement pursuant to this subsection when, and to the extent, requested by the director of the budget. The director of the budget shall follow the procedures set forth in K.S.A. 77-420, and amendments thereto, in evaluating and accepting or rejecting the proposed rule and regulation. No agency shall submit a rule and regulation to the secretary of state for filing before receiving the approval of the director of the budget as provided in this subsection and K.S.A. 77-420, and amendments thereto.
(d) At the time of drafting a proposed environmental rule and regulation or amendment to an existing environmental rule and regulation, the state agency shall consider the environmental benefit of such proposed rule and regulation or amendment. Prior to giving notice of a hearing on a proposed rule and regulation, the state agency shall prepare an environmental benefit statement that shall include a description of the need for and the environmental benefits that will likely accrue as the result of the proposed rule and regulation or amendment. The description shall summarize, when applicable, research indicating the level of risk to the public health or the environment being removed or controlled by the proposed rule and regulation or amendment. When specific contaminants are to be controlled by the proposed rule and regulation or amendment, the description shall indicate the level at which the contaminants are considered harmful according to currently available research. The state agency may consult with other state agencies when preparing the environmental benefit statement. The state agency shall reevaluate and, when necessary, update the statement at the time of filing a rule and regulation with the secretary of state. A copy of the current environmental benefit statement shall be available from the state agency upon request by any party interested therein.
(e) In addition to the requirements of subsection (b), the economic impact statement for all environmental rules and regulations shall include:
(1) A description of the capital and annual costs of compliance with the proposed rules and regulations, and the individuals or entities who will bear those costs;
(2) a description of the initial and annual costs of implementing and enforcing the proposed rules and regulations, including the estimated amount of paperwork, and the state agencies, other governmental agencies or other individuals or entities who will bear the costs;
(3) a description of the costs that would likely accrue if the proposed rules and regulations are not adopted, the individuals or entities who will bear the costs and those who will be affected by the failure to adopt the rules and regulations; and
(4) a detailed statement of the data and methodology used in estimating the costs used in the statement.
History: L. 1965, ch. 506, § 2; L. 1976, ch. 415, § 1; L. 1977, ch. 321, § 2; L. 1979, ch. 304, § 1; L. 1980, ch. 304, § 1; L. 1981, ch. 366, § 1; L. 1982, ch. 386, § 2; L. 1983, ch. 307, § 2; L. 1984, ch. 346, § 1; L. 1988, ch. 366, § 29; L. 1994, ch. 232, § 4; L. 1995, ch. 171, § 2; L. 2001, ch. 11, § 1; L. 2008, ch. 25, § 2; L. 2010, ch. 95, § 4; L. 2018, ch. 117, § 1; L. 2022, ch. 61, § 2; L. 2024, ch. 90, § 3; July 1.
(a) The secretary of state shall:
(1) Endorse on each rule and regulation filed, the date of the filing thereof;
(2) maintain a file of such rules and regulations for public inspection;
(3) keep a complete record of all amendments and revocations of rules and regulations;
(4) index the rules and regulations so filed; and
(5) publish the rules and regulations as hereinafter provided.
(b) The secretary of state shall have the discretion to return to the appropriate state agency or to otherwise dispose of any document or other material that had been adopted previously by reference and filed with the secretary of state.
History: L. 1965, ch. 506, § 3; L. 1977, ch. 321, § 3; L. 1988, ch. 366, § 30; L. 2010, ch. 95, § 5; L. 2021, ch. 61, § 55; July 1.
All rules and regulations adopted by every state agency shall be filed with the secretary of state in a form and manner approved by the secretary of state.
History: L. 1965, ch. 506, § 4; L. 1977, ch. 321, § 4; L. 1979, ch. 304, § 2; L. 1980, ch. 304, § 2; L. 1988, ch. 366, § 31; L. 2010, ch. 95, § 6; July 1.
To revive or amend a rule and regulation, the new rule and regulation shall contain the entire section revived or amended, and any section so amended shall be revoked. For the purpose of filing in the office of the secretary of state and for submission to the joint committee on administrative rules and regulations as provided in K.S.A. 77-426, and amendments thereto, a rule and regulation amending an existing regulation shall indicate the new matter contained therein by underlining or printing in italics the new matter, and material to be deleted from such rule and regulation shall be shown in strike-through type. The secretary of state in preparing such rules and regulations for publication in the Kansas administrative regulations shall omit all material shown in strike-through type. The secretary of state shall not file any regulation which amends or revives a regulation unless the regulation so amending or reviving conforms to the provisions of this section.
History: L. 1965, ch. 506, § 5; L. 1974, ch. 421, § 5; L. 1975, ch. 484, § 1; L. 1975, ch. 485, § 1; L. 1975, ch. 486, § 1; L. 1977, ch. 321, § 5; L. 1988, ch. 366, § 32; L. 2010, ch. 95, § 7; July 1.
(a) (1) Every rule and regulation proposed to be adopted by any state agency, after being submitted to the secretary of administration and the attorney general as required by this section, shall be submitted with the economic impact statement for the rule and regulation required by K.S.A. 77-416, and amendments thereto, to the director of the budget for review of the accuracy and completeness of the agency's economic impact statement. The director of the budget shall review the agency's determination of the amount of implementation and compliance costs reasonably expected to be incurred by or passed along to businesses, local government and individuals over the initial five-year period following adoption and shall conduct an independent analysis to determine that the agency has complied with the requirements for the economic impact statement set forth in K.S.A. 77-416(b)(1)(A) and (b)(1)(C) and (e), and amendments thereto. Every rule and regulation requiring approval by the director of the budget shall be stamped if approved, and the date of approval shall be indicated.
(2) If the director independently determines that a proposed rule and regulation submitted or resubmitted by the agency will not result in implementation or compliance costs of more than $1,000,000 for businesses, local government or individuals in the initial five-year period following adoption of such rule and regulation, the director shall:
(A) Approve the rule and regulation if the director independently determines that the economic impact statement, demonstrates a complete analysis as required by K.S.A. 77-416(b)(1)(A) and (b)(1)(C) and (e), and amendments thereto, and the director concurs with the economic impact statement; or
(B) disapprove the rule and regulation if the economic impact statement is incomplete or contains substantive inaccuracies.
(3) If the director of the budget determines that the proposed rule and regulation will result in implementation and compliance costs of more than $1,000,000 for businesses, local government or individuals in the initial five-year period following adoption of such rule and regulation, the director of the budget shall:
(A) Approve the proposed rule and regulation, if:
(1)* The proposed rule and regulation has been ratified by the legislature pursuant to K.S.A. 2025 Supp. 77-441, and amendments thereto; and
(2)** the agency, prior to the submission or the resubmission of a rule and regulation to the director, holds a public hearing and finds that the costs of the proposed rule and regulation have been accurately determined and are necessary for achieving legislative intent and the director, after an independent analysis, concurs with the agency's findings and analysis and approves the economic impact statement. An agency's public hearing may be held prior to or after ratification by the legislature; or
(B) disapprove the proposed rule and regulation if the economic impact statement is incomplete or contains substantive inaccuracies.
(4) If an agency is proposing a rule and regulation because of a federal mandate as described in K.S.A. 77-416(b)(1)(B), and amendments thereto, the agency shall provide a copy of the economic impact statement to the director, but the director shall not be required to review or approve the proposed rule and regulation, regardless of the implementation and compliance cost of the proposed rule and regulation.
(5) For the purposes of this subsection, the implementation and compliance cost shall be calculated from the effective date of the rule and regulation.
(b) The director of the budget shall submit an annual report to the legislature and to the joint committee on administrative rules and regulations on the first day of the 2019 regular legislative session and subsequent regular legislative sessions on all rules and regulations approved or denied by the director. The report shall include the text of each rule and regulation reviewed, the final economic impact statement and a summary of the director's analysis supporting the decision to approve or reject the rule and regulation. The director shall immediately submit a separate report to the legislature, if in session, and the joint committee on administrative rules and regulations upon the approval or denial of a rule or regulation with costs determined to be greater than $1,000,000 for businesses, local government or individuals over the initial five-year period following adoption of such rule and regulation. The report shall include an analysis of the agency's and the director's decisions with respect to the necessity of the cost of the rule and regulation to achieve legislative intent.
(c) Every rule and regulation proposed to be adopted by any state agency, before being submitted to the attorney general and the director of the budget as required under this section, shall be submitted to the secretary of administration for approval of its organization, style, orthography and grammar subject to such requirements as to organization, style, orthography and grammar as the secretary may adopt. Every rule and regulation submitted to the secretary of administration under this subsection shall be accompanied by a copy of any document that is adopted by reference by the rule and regulation. Every rule and regulation approved by the secretary of administration under this subsection shall be stamped as approved and the date of such approval shall be indicated therein.
(d) Every rule and regulation proposed by any state agency that has been approved by the secretary of administration as provided in subsection (c), before being submitted to the director of the budget as required under this section, shall be submitted to the attorney general for an opinion as to the legality of the same, including whether the making of such rule and regulation is within the authority conferred by law on the state agency. The attorney general shall promptly furnish an opinion as to the legality of the proposed rule and regulation so submitted. Every rule and regulation submitted to the attorney general under this subsection shall be accompanied by a copy of any document which is adopted by reference by the rule and regulation. Every rule and regulation approved by the attorney general under this subsection shall be stamped as approved and the date of such approval shall be indicated therein.
(e) No rule and regulation shall be filed by the secretary of state unless:
(1) The organization, style, orthography and grammar have been approved by the secretary of administration;
(2) the rule and regulation has been approved in writing by the attorney general as to legality;
(3) the rule and regulation has complied with the provisions of subsection (a);
(4) the rule and regulation has been formally adopted by the state agency after it has*** approved by the secretary of administration and the attorney general and has complied with the provisions of subsection (a) and is accompanied by a certified or other formal statement of adoption when adoption is by an executive officer of a state agency, or by a certified copy of the roll call vote required for its adoption by K.S.A. 77-421, and amendments thereto, when adoption is by a board, commission, authority or other similar body;
(5) the rule and regulation to be filed is accompanied by a copy of the economic impact statement as provided by K.S.A. 77-416, and amendments thereto, that has been reviewed and approved by the director of the budget and complies with the provisions of subsection (a);
(6) the rule and regulation has complied with the provisions of K.S.A. 2025 Supp. 77-441, and amendments thereto, if applicable; and
(7) the rule and regulation to be filed is accompanied by a copy of the environmental benefit statement required by K.S.A. 77-416, and amendments thereto, if applicable.
History: L. 1965, ch. 506, § 6; L. 1972, ch. 354, § 1; L. 1977, ch. 321, § 6; L. 1979, ch. 304, § 3; L. 1980, ch. 304, § 3; L. 1982, ch. 386, § 3; L. 1983, ch. 307, § 3; L. 1985, ch. 307, § 1; L. 1988, ch. 366, § 33; L. 1995, ch. 171, § 3; L. 2010, ch. 95, § 8; L. 2018, ch. 117, § 2; L. 2022, ch. 61, § 3; L. 2024, ch. 90, § 4; July 1.
No rule and regulation shall be adopted prior to the effective date of the statute authorizing its adoption, but prior to the effective date of such statute, the proposed rule and regulation may be submitted to the secretary of administration, the attorney general and to the director of the budget for approval as required by K.S.A. 77-420, and amendments thereto, and notice of the proposed rule and regulation may be given and a hearing held thereon in the manner provided by K.S.A. 77-421, and amendments thereto.
History: L. 1998, ch. 82, § 4; L. 2001, ch. 11, § 1; L. 2018, ch. 117, § 3; L. 2022, ch. 61, § 4; April 28.
(a) (1) Except as provided by subsection (a)(2), (a)(3) or (a)(4), prior to the adoption of any permanent rule and regulation or any temporary rule and regulation that is required to be adopted as a temporary rule and regulation in order to comply with the requirements of the statute authorizing the same and after any such rule and regulation has been approved by the secretary of administration, the attorney general and the director of the budget, the adopting state agency shall give at least 60 days' notice of its intended action in the Kansas register and to the secretary of state and to the joint committee on administrative rules and regulations established by K.S.A. 77-436, and amendments thereto. The notice shall be provided to the secretary of state and to the chairperson, vice chairperson, ranking minority member of the joint committee and legislative research department and shall be published in the Kansas register. A complete copy of all proposed rules and regulations and the complete economic impact statement required by K.S.A. 77-416, and amendments thereto, shall accompany the notice sent to the secretary of state. The notice shall contain:
(A) A summary of the substance of the proposed rules and regulations;
(B) a summary of the economic impact statement indicating the estimated economic impact on governmental agencies or units, persons subject to the proposed rules and regulations and the general public;
(C) a summary of the environmental benefit statement, if applicable, indicating the need for the proposed rules and regulations;
(D) the address where a complete copy of the proposed rules and regulations, the complete economic impact statement, the environmental benefit statement, if applicable, required by K.S.A. 77-416, and amendments thereto, may be obtained;
(E) the time and place of the public hearing to be held; the manner in which interested parties may present their views; and
(F) a specific statement that the period of 60 days' notice constitutes a public comment period for the purpose of receiving written public comments on the proposed rules and regulations and the address where such comments may be submitted to the state agency. Publication of such notice in the Kansas register shall constitute notice to all parties affected by the rules and regulations.
(2) Prior to adopting any rule and regulation that establishes seasons and fixes bag, creel, possession, size or length limits for the taking or possession of wildlife and after such rule and regulation has been approved by the secretary of administration and the attorney general, the secretary of wildlife and parks shall give at least 30 days' notice of its intended action in the Kansas register and to the secretary of state and to the joint committee on administrative rules and regulations created pursuant to K.S.A. 77-436, and amendments thereto. All other provisions of subsection (a)(1) shall apply to such rules and regulations, except that the statement required by subsection (a)(1)(F) shall state that the period of 30 days' notice constitutes a public comment period on such rules and regulations.
(3) Prior to adopting any rule and regulation that establishes any permanent prior authorization on a prescription-only drug pursuant to K.S.A. 39-7,120, and amendments thereto, or which concerns coverage or reimbursement for pharmaceuticals under the pharmacy program of the state medicaid plan, and after such rule and regulation has been approved by the director of the budget, the secretary of administration and the attorney general, the secretary of health and environment shall give at least 30 days' notice of its intended action in the Kansas register and to the secretary of state and to the joint committee on administrative rules and regulations created pursuant to K.S.A. 77-436, and amendments thereto. All other provisions of subsection (a)(1) shall apply to such rules and regulations, except that the statement required by subsection (a)(1)(F) shall state that the period of 30 days' notice constitutes a public comment period on such rules and regulations.
(4) Prior to adopting any rule and regulation pursuant to subsection (c), the state agency shall give at least 60 days' notice of its intended action in the Kansas register and to the secretary of state and to the joint committee on administrative rules and regulations created pursuant to K.S.A. 77-436, and amendments thereto. All other provisions of subsection (a)(1) shall apply to such rules and regulations, except that the statement required by subsection (a)(1)(F) shall state that the period of notice constitutes a public comment period on such rules and regulations.
(b) (1) On the date of the hearing, all interested parties shall be given reasonable opportunity to present their views or arguments on adoption of the rule and regulation, either orally or in writing. At the time it adopts or amends a rule and regulation, the state agency shall prepare a concise statement of the principal reasons for adopting the rule and regulation or amendment thereto, including:
(A) The agency's reasons for not accepting substantial arguments made in testimony and comments; and
(B) the reasons for any substantial change between the text of the proposed adopted or amended rule and regulation contained in the published notice of the proposed adoption or amendment of the rule and regulation and the text of the rule and regulation as finally adopted.
(2) Whenever a state agency is required by any other statute to give notice and hold a hearing before adopting, amending, reviving or revoking a rule and regulation, the state agency, in lieu of following the requirements or statutory procedure set out in such other law, may give notice and hold hearings on proposed rules and regulations in the manner prescribed by this section.
(3) Notwithstanding the other provisions of this section, the secretary of corrections may give notice or an opportunity to be heard to any inmate in the custody of the secretary with regard to the adoption of any rule and regulation.
(c) (1) The agency shall initiate new rulemaking proceedings under this act, if a state agency proposes to adopt a final rule and regulation that:
(A) Differs in subject matter or effect in any material respect from the rule and regulation as originally proposed; and
(B) is not a logical outgrowth of the rule and regulation as originally proposed.
(2) For the purposes of this provision, a rule and regulation is not the logical outgrowth of the rule and regulation as originally proposed if a person affected by the final rule and regulation was not put on notice that such person's interests were affected in the rule making.
(d) When, pursuant to this or any other statute, a state agency holds a hearing on the adoption of a proposed rule and regulation, the agency shall cause written minutes or other records, including a record maintained on sound recording tape or on any electronically accessed media or any combination of written or electronically accessed media records of the hearing to be made. If the proposed rule and regulation is adopted and becomes effective, the state agency shall maintain, for not less than three years after its effective date, such minutes or other records, together with any recording, transcript or other record made of the hearing and a list of all persons who appeared at the hearing and who they represented, any written testimony presented at the hearing and any written comments submitted during the public comment period.
(e) No rule and regulation shall be adopted by a board, commission, authority or other similar body except at a meeting which is open to the public and notwithstanding any other provision of law to the contrary, no rule and regulation shall be adopted by a board, commission, authority or other similar body unless it receives approval by roll call vote of a majority of the total membership thereof.
History: L. 1965, ch. 506, § 7; L. 1967, ch. 485, § 1; L. 1972, ch. 354, § 2; L. 1976, ch. 415, § 2; L. 1977, ch. 321, § 7; L. 1978, ch. 120, § 25; L. 1980, ch. 304, § 4; L. 1981, ch. 324, § 33; L. 1982, ch. 386, § 4; L. 1983, ch. 307, § 4; L. 1987, ch. 362, § 1; L. 1988, ch. 366, § 34; L. 1995, ch. 171, § 4; L. 1998, ch. 82, § 1; L. 2002, ch. 180, § 9; L. 2010, ch. 95, § 9; L. 2011, ch. 14, § 2; L. 2012, ch. 16, § 38; L. 2012, ch. 166, § 21; L. 2018, ch. 117, § 4; L. 2022, ch. 61, § 5; L. 2023, ch. 7, § 137; July 1.
History: L. 1972, ch. 354, § 3; L. 1978, ch. 120, § 26; L. 1982, ch. 386, § 5; L. 2010, ch. 95, § 10; Repealed, L. 2011, ch. 14, § 5; July 1.
As soon as possible after the filing of any proposed rules and regulations by a state agency as required by subsection (a) of K.S.A. 77-421, and amendments thereto, the secretary of state shall submit to the joint committee on administrative rules and regulations one copy of the proposed rules and regulations. Upon completion of the sixty-day comment period required by K.S.A. 77-421, and amendments thereto, the secretary of state may discard copies of the proposed rules and regulations that are subject to the comment period.
History: L. 1995, ch. 93, § 2; July 1.
(a) A rule and regulation may be adopted by a state agency as a temporary rule and regulation if the state agency and the state rules and regulations board finds that the preservation of the public peace, health, safety or welfare necessitates or makes desirable putting such rule and regulation into effect prior to the time it could be put into effect if the agency were to comply with the notice, hearing and publication requirements of this act or prior to the effective date prescribed by K.S.A. 77-426, and amendments thereto.
(b) Temporary rules and regulations may be adopted without the giving of notice and the holding of a hearing thereon.
(c) (1) A temporary rule and regulation shall take effect:
(A) After approval by the secretary of administration, the attorney general and the director of the budget as provided by K.S.A. 77-420, and amendments thereto;
(B) after approval by the state rules and regulations board as provided by K.S.A. 77-423, and amendments thereto; and
(C) upon filing with the secretary of state.
(2) The effective date of all or specific parts of a temporary rule and regulation may be delayed to a date later than its filing date if the delayed effective date of such rule and regulation, or specific parts thereof, is clearly expressed in the body of such rule and regulation.
(3) A temporary rule and regulation shall be effective for a period not to exceed 120 days except that, for good cause, a state agency may request that a temporary rule and regulation may be renewed one time for an additional period not to exceed 120 days.
(d) A temporary rule and regulation which amends an existing rule and regulation shall have the effect of suspending the force and effect of the existing rule and regulation until such time as the temporary rule and regulation is no longer effective. In such case, at the time the temporary rule and regulation ceases to be effective, the existing permanent rule and regulation which was amended by the temporary rule and regulation shall be in full force and effect unless such existing rule and regulation is otherwise amended, revoked or suspended as provided by law.
(e) Temporary rules and regulations shall be numbered in accordance with the numbering arrangement approved by the secretary of state and otherwise shall conform to the approval, adoption and filing requirements of this act, insofar as the same can be made applicable.
History: L. 1965, ch. 506, § 8; L. 1974, ch. 421, § 1; L. 1975, ch. 484, § 2; L. 1975, ch. 485, § 2; L. 1975, ch. 486, § 2; L. 1976, ch. 415, § 3; L. 1977, ch. 321, § 8; L. 1980, ch. 304, § 5; L. 1981, ch. 366, § 2; L. 1981, ch. 324, § 34; L. 1985, ch. 307, § 2; L. 1986, ch. 361, § 1; L. 1988, ch. 366, § 35; L. 1998, ch. 82, § 2; L. 2010, ch. 95, § 11; L. 2018, ch. 117, § 5; L. 2022, ch. 61, § 6; April 28.
There is hereby created a state rules and regulations board consisting of the attorney general or the attorney general's designee, the secretary of state or the secretary of state's designee, the secretary of administration or the secretary of administration's designee, the chairperson of the joint committee on administrative rules and regulations or a member of the joint committee designated by the chairperson from the same house of the legislature as the chairperson, the vice chairperson of the joint committee on administrative rules and regulations or a member of the joint committee designated by the vice chairperson from the same house of the legislature as the vice chairperson, the ranking minority member of the joint committee on administrative rules and regulations or a member of the joint committee designated by the minority leader of the same house of the legislature as the chairperson and the chairperson of the senate committee on ways and means in even-numbered years and the chairperson of the house of representatives committee on appropriations in odd-numbered years. If a member is designated to serve on the board by the chairperson or vice chairperson of the joint committee, the designated member shall serve in lieu of the designating officer on a temporary or permanent basis as specified by the designating officer. The attorney general shall be the chairperson of the board. The secretary of state shall serve as the secretary to the board. The state rules and regulations board shall determine whether a rule and regulation should be adopted as a temporary rule and regulation and shall perform such other duties as may be required by this act.
History: L. 1965, ch. 506, § 9; L. 1975, ch. 484, § 3; L. 1975, ch. 485, § 3; L. 1975, ch. 486, § 3; L. 1977, ch. 321, § 9; L. 1979, ch. 304, § 4; L. 1981, ch. 366, § 3; L. 1988, ch. 366, § 36; L. 2010, ch. 95, § 12; L. 2018, ch. 117, § 6; L. 2024, ch. 43, § 4; July 1.
History: L. 1965, ch. 506, § 10; L. 1975, ch. 484, § 5; L. 1975, ch. 485, § 5; L. 1975, ch. 486, § 5; L. 1976, ch. 415, § 4; L. 1977, ch. 321, § 10; L. 1982, ch. 386, § 6; L. 1983, ch. 307, § 6; L. 1988, ch. 366, § 37; L. 2006, ch. 55, § 1; L. 2010, ch. 95, § 13; Repealed, L. 2024, ch. 43, § 8; July 1.
Every rule and regulation other than a temporary rule and regulation which is filed by a state agency in the office of the secretary of state as provided in this act shall have the force and effect of law on and after the date prescribed in K.S.A. 77-426, and amendments thereto, until amended or revoked as provided by law and such amendment or revocation shall have become effective. Any rule and regulation not filed and published as required by this act shall be of no force or effect, except that any error or irregularity in form or any clerical error or omission of the secretary of state in the filing of such regulation not affecting substantial rights shall not invalidate the same. The filing and publication of rules and regulations as required by this act shall not be construed as dispensing with the requirements of any other law necessary to make the rules and regulations effective. The revocation of a rule and regulation by a state agency shall not be construed as reviving a rule and regulation previously revoked by such agency, nor shall such revocation by a state agency be construed as affecting any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced, under or by virtue of the rule and regulation revoked.
History: L. 1965, ch. 506, § 11; L. 1974, ch. 421, § 2; L. 1976, ch. 415, § 5; L. 1977, ch. 321, § 11; L. 1985, ch. 307, § 3; L. 1988, ch. 366, § 38; June 1.
(a) All rules and regulations that are in force and effect at the time this act takes effect shall continue in full force and effect and may be amended, revived or revoked as provided by law. All new rules and regulations and all amendments, revivals or revocations of rules and regulations, other than temporary regulations, adopted in any year shall be filed with the secretary of state and shall become effective 15 days following its publication in the Kansas register or such later date as clearly expressed in the body of such rule and regulation.
(b) Except for rules and regulations revoked pursuant to subsection (d), as soon as possible after the filing of any rules and regulations by a state agency, the secretary of state shall submit to the joint committee on administrative rules and regulations such number of copies as may be requested by the joint committee on administrative rules and regulations.
(c) At any time prior to adjournment sine die of the regular session of the legislature, the legislature may adopt a concurrent resolution expressing the concern of the legislature with any permanent or temporary rule and regulation that is in force and effect and on file in the office of the secretary of state and any permanent rule and regulation filed in the office of the secretary of state during the preceding year and requesting the revocation of any such rule and regulation or the amendment of any such rule and regulation in the manner specified in such resolution.
(d) (1) Notwithstanding any other provision of the rules and regulations filing act, any rule and regulation may be revoked pursuant to this subsection if such rule and regulation is identified by a state agency in the report submitted to the joint committee on administrative rules and regulations pursuant to K.S.A. 2025 Supp. 77-440, and amendments thereto, as one that may be revoked pursuant to this subsection. A state agency may revoke a rule and regulation by filing a notice of such revocation with the secretary of state and causing such notice to be published in the Kansas register. Such notice of revocation shall not contain any new rules and regulations or any amendments to any rules and regulations.
(2) Prior to filing the notice of revocation with the secretary, the state agency shall:
(A) Provide a written notice to businesses, local governmental units and members of the public known to the agency to be affected by the proposed revocation. Upon the written request of a member of the public, hold a public hearing on the proposed notice of revocation;
(B) submit the rules and regulations proposed for revocation to the attorney general for review and approval in accordance with K.S.A. 77-420(d), and amendments thereto; and
(C) submit the notice of revocation to the joint committee on administrative rules and regulations and, upon request by the chairperson of such committee, appear before such committee at a hearing on such notice.
(3) The revocation of a rule and regulation under this subsection shall be effective 15 days following the date that the notice of such revocation is published in the Kansas register.
History: L. 1965, ch. 506, § 12; L. 1974, ch. 421, § 3; L. 1975, ch. 484, § 4; L. 1975, ch. 485, § 4; L. 1975, ch. 486, § 4; L. 1976, ch. 415, § 6; L. 1976, ch. 416, § 1; L. 1977, ch. 321, § 12; L. 1979, ch. 305, § 1; L. 1979, ch. 304, § 5; L. 1982, ch. 386, § 7; L. 1985, ch. 307, § 4; L. 1988, ch. 366, § 39; L. 1995, ch. 93, § 3; L. 2022, ch. 61, § 7; L. 2025, ch. 30, § 1; April 10.
History: L. 1965, ch. 506, § 13; L. 1971, ch. 291, § 1; L. 1976, ch. 418, § 1; L. 1977, ch. 321, § 13; Repealed, L. 1980, ch. 304, § 9; April 17.
History: L. 1965, ch. 506, § 14; L. 1974, ch. 421, § 4; L. 1975, ch. 484, § 6; L. 1975, ch. 485, § 6; L. 1975, ch. 486, § 6; L. 1976, ch. 417, § 1; L. 1976, ch. 415, § 7; L. 1976, ch. 418, § 2; L. 1977, ch. 321, § 14; L. 1978, ch. 387, § 2; L. 1980, ch. 304, § 6; L. 1983, ch. 307, § 7; L. 1988, ch. 366, § 40; L. 2010, ch. 95, § 14; Repealed, L. 2024, ch. 43, § 8; July 1.
(a) Before any Kansas administrative regulation is published by the secretary of state, such regulation shall be examined and compared by the attorney general and the secretary of state, and if approved for publication, and otherwise comply* with the terms of this act, the secretary shall so certify. After such authentication, such regulation shall be deemed and held to be "Kansas administrative regulations" and evidence in all courts having jurisdiction in the state. Such authentication shall accompany each electronic or printed copy of Kansas administrative regulations.
(b) (1) The secretary of state shall maintain a searchable database containing all of the current Kansas administrative regulations. The database shall be constructed in such a manner that any person accessing or using such database shall be able to search for any rule and regulation based upon the number or subject matter of the rule and regulation or by keyword search. The initial search shall return a list of all rules and regulations that contain the initial search term.
(2) Using any rule and regulation containing the initial search term as an entry point into the database, the database shall permit the person using such database to:
(A) View all occurrences of the search term in the rule and regulation retrieved; and
(B) using the initially retrieved rule and regulation as an entry point into the database's hierarchy, navigate to each rule and regulation that follows or precedes the initial rule and regulation.
History: L. 1965, ch. 506, § 15; L. 1977, ch. 321, § 16; L. 2010, ch. 95, § 15; L. 2024, ch. 43, § 5; July 1.
(a) The secretary of state shall publish the Kansas administrative regulations in an electronic or paper medium. The secretary of state shall make the Kansas administrative regulations available by request to the following:
(1) The supreme court law library and the state library;
(2) the law schools and law libraries of the university of Kansas and Washburn university;
(3) each member of the legislature at the time of taking office, after election or appointment, for the member's first term of office as a member of either house of the legislature that commences on or after the second Monday of January in 1991, except that a term of office as a member of either house of the legislature, whether a complete or partial term of office, shall not be construed for purposes of this distribution to be the member's first term of office if such term of office is part of a continuous period of service as a member of either house of the legislature or both houses of the legislature, in any combination of consecutive terms of office;
(4) each member of the joint committee on administrative rules and regulations;
(5) the governor, lieutenant governor, attorney general and state historical society library;
(6) the judicial branch of state government;
(7) each county law library;
(8) the city library in each city of the first and second class;
(9) each county library;
(10) the office of revisor of statutes;
(11) the legislative research department;
(12) the division of post audit; and
(13) the division of legislative administrative services.
(b) The Kansas administrative regulations may be sold by the secretary of state at the price fixed therefor by the secretary of state as provided for under this section.
(c) All moneys received from such sales shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the information and services fee fund of the secretary of state.
(d) The secretary of state may set prices of the Kansas administrative regulations sold under this section to recover the costs of publishing, maintaining and storing such volumes and databases, whether in printed or electronic form. The secretary of state may revise such prices from time to time for the purposes of covering and recovering such costs.
History: L. 1965, ch. 506, § 16; L. 1974, ch. 135, § 19; L. 1975, ch. 488, § 1; L. 1976, ch. 415, § 8; L. 1976, ch. 418, § 3; L. 1976, ch. 416, § 2; L. 1980, ch. 304, § 7; L. 1983, ch. 307, § 8; L. 1988, ch. 367, § 1; L. 1990, ch. 339, § 7; L. 2001, ch. 5, § 439; L. 2006, ch. 15, § 3; L. 2010, ch. 95, § 16; L. 2021, ch. 61, § 56; L. 2024, ch. 43, § 6; July 1.
History: L. 1976, ch. 418, § 6; L. 1983, ch. 307, § 9; L. 1988, ch. 366, § 41; L. 1990, ch. 339, § 8; L. 2010, ch. 95, § 17; L. 2021, ch. 61, § 57; Repealed, L. 2024, ch. 43, § 8; July 1.
History: L. 1978, ch. 387, § 1; Repealed, L. 1983, ch. 307, § 12; April 21.
History: L. 1965, ch. 506, § 17; L. 1976, ch. 415, § 9; L. 1976, ch. 418, § 4; L. 1978, ch. 387, § 3; L. 1983, ch. 307, § 10; L. 1990, ch. 339, § 9; L. 2001, ch. 5, § 440; L. 2006, ch. 15, § 4; L. 2010, ch. 95, § 18; L. 2021, ch. 61, § 58; Repealed, L. 2024, ch. 43, § 8; July 1.
History: L. 1965, ch. 506, § 18; L. 1976, ch. 418, § 5; Repealed, L. 1980, ch. 304, § 9; April 17.
Whenever the secretary of state determines that any volume of Kansas administrative regulations or any annual supplement to the Kansas administrative regulations has become obsolete by reason of the publication of a later volume or annual supplement, the secretary of state may provide for the disposition of the remaining copies of such obsolete volumes or supplement volumes by whatever means the secretary determines, without making a charge therefor.
History: L. 1978, ch. 387, § 4; L. 1983, ch. 307, § 11; L. 1988, ch. 366, § 42; June 1.
This act shall not be construed as prohibiting the duplication or distribution of rules and regulations by any agency of its properly adopted rules and regulations, if filed as provided by law, and funds are available for such purpose.
History: L. 1965, ch. 506, § 19; L. 1977, ch. 321, § 17; July 1.
History: L. 1965, ch. 506, § 20; L. 1977, ch. 321, § 18; Repealed, L. 1984, ch. 338, § 32; July 1.
In publishing the material in the Kansas administrative regulations, the secretary of state shall not alter the sense, meaning or effect of any rule and regulation but may correct manifest orthographical, clerical or typographical errors and edit the rules and regulations in the following manner:
(a) By changing descriptive subject-word headings of sections, subsections or subparts of a rule and regulation in order to briefly and clearly indicate the subject matter of such sections;
(b) where a pronoun of only masculine or only feminine gender appears a pronoun of the opposite gender may be added, or language may be changed for the same purpose, so long as the opening limitation of this section is not violated;
(c) by striking the word "that" wherever it appears as the first word of any section in the Kansas administrative regulations or the latest supplement thereto; and
(d) by correcting doublets.
The secretary of state may submit to the state rules and regulations board, for the board's approval, any proposed changes made pursuant to the provisions of this section. No change made pursuant to the provisions of this section shall effect any change in the substantive meaning of the rule and regulation section, and any error made by the secretary of state in editing the rules and regulations as authorized by this section shall be construed as a clerical error only.
History: L. 1977, ch. 321, § 15; L. 1988, ch. 366, § 43; L. 1998, ch. 82, § 3; L. 2010, ch. 95, § 19; L. 2024, ch. 43, § 7; July 1.
(a) There is hereby established a joint committee on administrative rules and regulations consisting of five senators and seven members of the house of representatives. The five senator members shall be appointed as follows: Three by the committee on organization, calendar and rules and two by the minority leader of the senate. The seven representative members shall be appointed as follows: Four by the speaker of the house of representatives and three by the minority leader of the house of representatives. The committee on organization, calendar and rules shall designate a senator member to be chairperson or vice-chairperson of the joint committee as provided in this section. The speaker of the house of representatives shall designate a representative member to be chairperson or vice-chairperson of the joint committee as provided in this section. The minority leader of the senate shall designate a senator member to be the ranking minority member of the joint committee as provided in this section. The minority leader of the house of representatives shall designate a representative member to be the ranking minority member of the joint committee as provided in this section.
(b) A quorum of the joint committee on administrative rules and regulations shall be seven. All actions of the committee may be taken by a majority of those present when there is a quorum. In odd-numbered years the chairperson and the ranking minority member of the joint committee shall be the designated members of the house of representatives from the convening of the regular session in that year until the convening of the regular session in the next ensuing year. In even-numbered years the chairperson and the ranking minority member of the joint committee shall be the designated members of the senate from the convening of the regular session of that year until the convening of the regular session of the next ensuing year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson.
(c) Except for rules and regulations revoked pursuant to K.S.A. 77-426(d), and amendments thereto, all proposed rules and regulations shall be reviewed by the joint committee on administrative rules and regulations during the public comment period required by K.S.A. 77-421, and amendments thereto. The committee may introduce such legislation as it deems necessary in performing its functions of reviewing administrative rules and regulations.
(d) The committee shall issue a report to the legislature following each meeting making comments and recommendations and indicating concerns about any proposed rule and regulation. Such report shall be made available to each agency that had proposed rules and regulations reviewed at such meeting during the agency's public comment period for such proposed rules and regulations required by K.S.A. 77-421, and amendments thereto. If having a final report completed by the public hearing required by K.S.A. 77-421, and amendments thereto, is impractical, a preliminary report shall be made available to the agency containing the committee's comments. The preliminary report shall be incorporated into the final report and made available to each agency.
(e) Except for rules and regulations revoked pursuant to K.S.A. 77-426(d), and amendments thereto, all rules and regulations filed each year in the office of secretary of state shall be subject to review by the joint committee. The committee may introduce such legislation as it deems necessary in performing its functions of reviewing administrative rules and regulations.
(f) The joint committee shall meet on call of the chairperson as authorized by the legislative coordinating council. All such meetings shall be held in Topeka, unless authorized to be held in a different place by the legislative coordinating council. Members of the joint committee shall receive compensation, travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, when attending meetings of such committee authorized by the legislative coordinating council.
(g) Amounts paid under authority of this section shall be paid from appropriations for legislative expense and vouchers therefor shall be prepared by the director of legislative administrative services and approved by the chairperson or vice-chairperson of the legislative coordinating council.
History: L. 1977, ch. 321, § 19; L. 1980, ch. 304, § 8; L. 1981, ch. 366, § 4; L. 1983, ch. 307, § 5; L. 1988, ch. 368, § 1; L. 1988, ch. 366, § 44; L. 1995, ch. 93, § 4; L. 2010, ch. 95, § 20; L. 2011, ch. 14, § 3; L. 2018, ch. 117, § 7; L. 2022, ch. 61, § 8; April 28.
All temporary and permanent rules and regulations of the secretary of corrections and the Kansas adult authority shall be subject to all of the provisions of K.S.A. 77-415 to 77-436, inclusive, and amendments thereto.
History: L. 1978, ch. 120, § 23; L. 1982, ch. 386, § 8; April 29.
(a) (1) A state agency may issue a guidance document without following the procedures set forth in this act for the adoption of rules and regulations.
(2) For the purposes of this section, "guidance document" means a record of general applicability that:
(A) Is designated by a state agency as a guidance document;
(B) lacks the force of law; and
(C) states:
(i) The agency's current approach to, or interpretation of, law; or
(ii) general statements of policy that describe how and when the agency will exercise discretionary functions.
(b) A guidance document may contain binding instructions to state agency staff members except officers who preside in adjudicatory proceedings.
(c) If a state agency proposes to act in an adjudication at variance with a position expressed in a guidance document, the state agency shall provide a reasonable explanation for the variance. If an affected person in an adjudication claims to have reasonably relied on the agency's position, the state agency's explanation for the variance shall include a reasonable justification for the agency's conclusion that the need for the variance outweighs the affected person's reliance interests.
(d) Each state agency shall:
(1) Maintain an index of all of its currently effective guidance documents;
(2) publish the index on its website; and
(3) make all guidance documents available to the public.
(e) A guidance document may be considered by a presiding officer or agency head in an agency adjudication, but such guidance document shall not bind any party, the presiding officer or the agency head.
(f) Any agency that issues a guidance document shall provide a copy of such document to the joint committee on administrative rules and regulations. Such document may be submitted electronically.
History: L. 1982, ch. 386, § 9; L. 2011, ch. 14, § 4; L. 2021, ch. 61, § 59; July 1.
History: L. 1985, ch. 306, § 1; Repealed, L. 1988, ch. 366, § 50; June 1.
(a) All rules and regulations adopted by state agencies under the provisions of K.S.A. 77-415 et seq., and amendments thereto, shall be reviewed every five years in accordance with this section.
(b) (1) Each state agency that has adopted rules and regulations shall submit a report to the joint committee on administrative rules and regulations on or before July 15 of the year that corresponds to such state agency under paragraph (2). Such report shall contain a summary of such state agency's review and evaluation of rules and regulations adopted by such state agency, including a statement for each rule and regulation as to whether such rule and regulation is necessary for the implementation and administration of state law or may be revoked pursuant to K.S.A. 77-426(d), and amendments thereto.
(2) Each state agency that has adopted rules and regulations shall submit a report as required under paragraph (1) in the years that correspond to such state agency as follows:
(A) For 2023 and every fifth year thereafter, the following state agencies:
(i) Department of administration;
(ii) municipal accounting board;
(iii) state treasurer;
(iv) Kansas department of agriculture;
(v) Kansas department of agriculture—division of water resources;
(vi) state election board;
(vii) secretary of state;
(viii) Kansas department of agriculture—division of animal health;
(ix) Kansas bureau of investigation;
(x) Kansas department of agriculture—division of conservation;
(xi) agricultural labor relations board;
(xii) Kansas department of revenue—division of alcoholic beverage control;
(xiii) attorney general;
(xiv) office of the state bank commissioner;
(xv) employee award board;
(xvi) Kansas public disclosure commission;
(xvii) crime victims compensation board;
(xviii) Kansas human rights commission; and
(xix) state fire marshal;
(B) for 2024 and every fifth year thereafter, the following state agencies:
(i) Kansas wheat commission;
(ii) Kansas department for aging and disability services;
(iii) Kansas energy office;
(iv) department of health and environment;
(v) Kansas department for children and families;
(vi) Kansas department of transportation;
(vii) Kansas highway patrol;
(viii) savings and loan department;
(ix) Kansas turnpike authority;
(x) insurance department;
(xi) corrections ombudsman board;
(xii) department of corrections;
(xiii) Kansas prisoner review board;
(xiv) mined-land conservation and reclamation (KDHE);
(xv) department of labor—employment security board of review;
(xvi) department of labor;
(xvii) department of labor—division of employment; and
(xviii) department of labor—division of workers compensation;
(C) for 2025 and every fifth year thereafter, the following state agencies:
(i) State records board;
(ii) state library;
(iii) adjutant general's department;
(iv) state board of nursing;
(v) Kansas board of barbering;
(vi) state board of mortuary arts;
(vii) board of examiners in optometry;
(viii) state board of technical professions;
(ix) Kansas board of examiners in fitting and dispensing of hearing instruments;
(x) state board of pharmacy;
(xi) Kansas state board of cosmetology;
(xii) state board of veterinary examiners;
(xiii) Kansas dental board;
(xiv) board of accountancy;
(xv) state bank commissioner—consumer and mortgage lending division;
(xvi) Kansas public employees retirement system;
(xvii) office of the securities commissioner; and
(xviii) Kansas corporation commission;
(D) for 2026 and every fifth year thereafter, the following state agencies:
(i) Public employee relations board;
(ii) abstracters' board of examiners;
(iii) Kansas real estate commission;
(iv) state board of regents;
(v) school retirement board;
(vi) state department of education;
(vii) Kansas department of revenue;
(viii) Kansas department of revenue—division of property valuation;
(ix) state board of tax appeals;
(x) Kansas office of veterans services;
(xi) Kansas water office;
(xii) Kansas department of agriculture—division of weights and measures;
(xiii) state board of healing arts;
(xiv) behavioral sciences regulatory board;
(xv) state bank commissioner and savings and loan commissioner—joint regulations;
(xvi) consumer credit commissioner, credit union administrator, savings and loan commissioner and bank commissioner—joint regulations;
(xvii) state board of indigents' defense services;
(xviii) Kansas commission on peace officers' standards and training; and
(xix) law enforcement training center; and
(E) for 2027 and every fifth year thereafter, the following state agencies:
(i) Kansas state employees health care commission;
(ii) emergency medical services board;
(iii) department of commerce;
(iv) Kansas lottery;
(v) Kansas racing and gaming commission;
(vi) Kansas department of wildlife and parks;
(vii) Kansas state fair board;
(viii) real estate appraisal board;
(ix) state historical society;
(x) state department of credit unions;
(xi) pooled money investment board;
(xii) department of corrections—division of juvenile services;
(xiii) state child death review board;
(xiv) Kansas agricultural remediation board;
(xv) unmarked burial sites preservation board;
(xvi) Kansas housing resources corporation;
(xvii) department of commerce—Kansas athletic commission;
(xviii) department of health and environment—division of health care finance;
(xix) home inspectors registration board;
(xx) committee on surety bonds and insurance;
(xxi) 911 coordinating council; and
(xxii) office of administrative hearings.
(c) For any state agency not listed in subsection (b)(2) that adopts rules and regulations that become effective on or after July 1, 2022, such state agency shall submit a report to the joint committee on administrative rules and regulations in accordance with subsection (b)(1) on or before July 15 of the fifth year after such rules and regulations become effective and every fifth year thereafter.
(d) Notwithstanding any other provision of law, a rule and regulation may be adopted or maintained by a state agency only if such rule and regulation serves an identifiable public purpose to support state law and may not be broader than is necessary to meet such public purpose.
(e) This section shall be a part of and supplemental to the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto.
History: L. 2022, ch. 61, § 1; L. 2024, ch. 84, § 72; L. 2025, ch. 30, § 2; L. 2025, ch. 125, § 13; July 1.
(a) (1) If an economic impact statement required by K.S.A. 77-420, and amendments thereto, or a revised economic impact statement prepared pursuant to K.S.A. 77-416(b)(3), and amendments thereto, indicates that $1,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units and individuals as a result of the proposed rule and regulation over the initial five-year period following adoption of such rule and regulation, the state agency proposing such rule and regulation shall not adopt such rule and regulation unless such rule and regulation has been ratified by the legislature. A proposed rule and regulation shall be deemed ratified if a bill authorizing such rule and regulation is enacted by the legislature. Any member of the legislature may introduce a bill authorizing a state agency to adopt a rule and regulation that such agency is prohibited from adopting under this subsection. The state agency may resume adopting such proposed rule and regulation upon enactment of a bill introduced under this subsection.
(b) If a state agency is prohibited from adopting a proposed rule and regulation under subsection (a), such agency may modify the proposed rule and regulation to lower the implementation and compliance costs of the proposed rule and regulation. Any such modification shall be germane to the subject of the proposed rule and regulation. If a proposed rule and regulation is modified pursuant this subsection, the state agency shall prepare a revised economic impact statement pursuant to K.S.A. 77-416(b)(3), and amendments thereto. A state agency may adopt such modified rule and regulation if the revised economic impact statement indicates that $1,000,000 or more in implementation and compliance costs are not reasonably expected to be incurred by or passed along to businesses, local governmental units and individuals as a result of the proposed rule and regulation over the initial five-year period following adoption of such proposed rule and regulation.
(c) The provisions of this section shall not apply to temporary rules and regulations adopted pursuant to K.S.A. 77-722, and amendments thereto, rules and regulations proposed because of a federal mandate as described in K.S.A. 77-416(b)(1)(B), and amendments thereto, or rules and regulations adopted pursuant to K.S.A. 2-3710, and amendments thereto.
(d) This section shall be a part of and supplemental to the rules and regulations filing act.
History: L. 2024, ch. 90, § 1; July 1.
K.S.A. 77-501 through 77-566 shall be known and may be cited as the Kansas administrative procedure act.
History: L. 1984, ch. 313, § 1; L. 2009, ch. 109, § 3; July 1.
As used in this act:
(a) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches of state government and political subdivisions of the state, which is authorized by law to administer, enforce or interpret any law of this state.
(b) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the state agency is vested by any provision of law.
(c) "License" means a franchise, permit, certification, approval, registration, charter or similar form of authorization required by law for a person to engage in a profession or occupation.
(d) "Order" means a state agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interest of one or more specific persons.
(e) "Party to state agency proceedings," or "party" in context so indicating, means:
(1) A person to whom an order is specifically directed; or
(2) a person named as a party to a state agency proceeding or allowed to intervene as a party in the proceeding.
(f) "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 state agency.
(g) "Political subdivision" means political or taxing subdivisions of the state, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups or administrative units thereof, receiving or expending and supported in whole or in part by public funds.
(h) "Writing," "written," or "in writing" means any worded or numbered expression that can be read, reproduced and later communicated, and includes electronically transmitted and stored information.
History: L. 1984, ch. 313, § 2; L. 1988, ch. 356, § 1; L. 2016, ch. 63, § 1; July 1.
(a) This act applies only to the extent that other statutes expressly provide that the provisions of this act govern proceedings under those statutes.
(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) In computing any period of time prescribed by this act, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. As used in this act, unless otherwise specified, "day" means calendar day and not business day; therefore, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. As used in this act, "business day" means any day that is not a Saturday, Sunday or legal holiday. "Legal holiday" includes any day designated as a holiday by any statute or regulation of this state. If a state agency is inaccessible on the last day of any period of time prescribed by this act, the time period shall be extended until the next business day on which the agency is open for business.
History: L. 1984, ch. 313, § 3; L. 2009, ch. 109, § 4; L. 2010, ch. 135, § 224; July 1.
(a) In any proceeding under the Kansas administrative procedure act, the presiding officer may provide for the omission from any required notice or order or otherwise keep out of the public record the name, address or other contact information of alleged victims of crime, abuse, domestic violence or sexual assault when it is alleged in an affidavit or a pleading under oath that the health, safety or liberty of such a person would be jeopardized by disclosure of that information. In such cases, notice or service to such persons shall be made through the presiding officer.
(b) This section shall be part of and supplemental to the Kansas administrative procedure act.
History: L. 2009, ch. 109, § 1; July 1.
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. 313, § 4; July 1, 1985.
Nothing in the Kansas administrative procedure act shall preclude parties from settling a matter at any time. In addition, nothing in the Kansas administrative procedure act shall preclude use of alternative dispute resolution, with consent of the agency and all parties.
History: L. 1984, ch. 313, § 5; L. 2004, ch. 145, § 37; July 1, 2005.
(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.
History: L. 1984, ch. 313, § 7; Repealed, L. 2009, ch. 109, § 29; July 1.
History: L. 1988, ch. 356, § 360; Repealed, L. 2009, ch. 109, § 29; July 1.
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.
History: L. 1984, ch. 313, § 9; L. 1986, ch. 362, § 1; L. 1988, ch. 356, § 4; Repealed, L. 1989, ch. 283, § 26; July 1.
History: L. 1984, ch. 313, § 10; Repealed, L. 1989, ch. 283, § 26; July 1.
(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.
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.
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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
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.
(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.
(a) A presiding officer serving in an adjudicative proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding while the proceeding is pending, with any party or participant, with any person who has a direct or indirect interest in the outcome of the proceeding or with any person who has served in an investigatory or prosecutorial capacity or presided at a previous stage of the proceeding, without notice and opportunity for all parties to participate in the communication.
(b) A member of a multimember panel of presiding officers may communicate with other members of the panel regarding a matter pending before the panel, and any presiding officer may receive aid from staff assistants if the assistants do not:
(1) Receive ex parte communications of a type that the presiding officer would be prohibited from receiving; or
(2) furnish, augment, diminish or modify the evidence in the record.
(c) Unless required for the disposition of ex parte matters specifically authorized by statute, no party to an adjudicative proceeding, and no person who has a direct or indirect interest in the outcome of the proceeding or who presided at a previous stage of the proceeding, may directly or indirectly communicate in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as presiding officer unless notice and an opportunity are given all parties to participate in the communication.
(d) If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication of a type that could not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (e).
(e) A presiding officer who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications and a memorandum stating the substance of all oral communications received, all responses made and the identity of each person from whom the presiding officer received an ex parte communication and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication must be allowed to do so, upon requesting the opportunity for rebuttal within 10 days after notice of the communication.
(f) If necessary to eliminate the effect of an ex parte communication received in violation of this section, a presiding officer who receives the communication may be disqualified and the portions of the record pertaining to the communication may be sealed by protective order.
(g) The state agency shall, and any party may, report any willful violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each state agency, by rule and regulation, may provide for appropriate sanctions, including default, for any violations of this section.
(h) This section shall not apply to adjudicative proceedings before:
(1) The state corporation commission. Such proceedings shall be subject to the provisions of K.S.A. 77-545, and amendments thereto;
(2) the commissioner of insurance concerning any rate, or any rule, regulation or practice pertaining to the rates over which the commissioner has jurisdiction or adjudicative proceedings held pursuant to the Kansas insurance holding companies act. Such proceedings shall be subject to the provisions of K.S.A. 77-546, and amendments thereto; and
(3) the director of taxation. Such proceedings shall be subject to the provisions of K.S.A. 77-548, and amendments thereto.
History: L. 1984, ch. 313, § 25; L. 1986, ch. 362, § 7; L. 1988, ch. 356, § 12; L. 2009, ch. 109, § 12; July 1.
(a) If the presiding officer is the agency head or designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto, the presiding officer shall render a final order.
(b) If the presiding officer is neither the agency head nor designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto, the presiding officer shall render an initial order, which becomes a final order unless reviewed in accordance with K.S.A. 77-527 and amendments thereto.
(c) A final order or initial order shall include, separately stated, findings of fact, conclusions of law and policy reasons for the decision if it is an exercise of the state agency's discretion, for all aspects of the order, including the remedy prescribed and, if applicable, the action taken on a petition for stay of effectiveness. Findings of fact, if set forth in language that is no more than mere repetition or paraphrase of the relevant provision of law, shall be accompanied by a concise and explicit statement of the underlying facts of record to support the findings. The order shall also include a statement of the available procedures and time limits for seeking reconsideration, administrative review or other administrative relief. An initial order shall include a statement of any circumstances under which the initial order, without further notice, may become a final order. If the presiding officer has been designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto, the final order shall so state. Any final order, for which a petition for reconsideration is not a prerequisite for seeking judicial review, and any initial order, for which further administrative review is not available, shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.
(d) Findings of fact shall be based exclusively upon the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding.
(e) If a substitute presiding officer is appointed pursuant to K.S.A. 77-514 and amendments thereto, the substitute presiding officer shall use any existing record and may conduct any further proceedings appropriate in the interests of justice.
(f) The presiding officer may allow the parties a designated amount of time after conclusion of the hearing for the submission of proposed findings.
(g) A final order or initial order pursuant to this section shall be rendered in writing and served within 30 days after conclusion of the hearing or after submission of proposed findings in accordance with subsection (f) 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 expiration of the 30 days.
(h) The presiding officer shall cause copies of the order to be served on each party and, if the order is an initial order, on the agency head in the manner prescribed by K.S.A. 77-531 and amendments thereto.
(i) Notwithstanding the other provisions of this section, if the presiding officer in a hearing before the state corporation commission is not the agency head, the presiding officer shall not render an initial order but shall make written findings and recommendations to the commission. The commission shall render and serve a final order within 60 days after conclusion of the hearing or after submission of proposed findings in accordance with subsection (f) 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 expiration of the 60 days.
History: L. 1984, ch. 313, § 26; L. 1988, ch. 356, § 13; L. 1995, ch. 175, § 5; July 1.
(a) The agency head, upon its own motion may, and upon petition by any party or when required by law shall, review an initial order, except to the extent that:
(1) A provision of law precludes or limits state agency review of the initial order; or
(2) the agency head (A) determines to review some but not all issues, or not to exercise any review, (B) delegates its authority to review the initial order to one or more persons, unless such delegation is expressly prohibited by law, or (C) authorizes one or more persons to review the initial order, subject to further review by the agency head.
(b) A petition for review of an initial order must be filed with the agency head, or with any person designated for this purpose by rule and regulation of the state agency, within 15 days after service of the initial order. If the agency head on its own motion decides to review an initial order, the agency head shall give written notice of its intention to review the initial order within 15 days after its service. If the agency head determines not to review an initial order in response to a petition for review, the agency head shall, within 20 days after filing of the petition for review, serve on each party an order stating that review will not be exercised.
(c) The petition for review shall state its basis. If the agency head on its own motion gives notice of its intent to review an initial order, the agency head shall identify the issues that it intends to review.
(d) Subject to K.S.A. 77-621, and amendments thereto, in reviewing an initial order, the agency head or designee shall exercise all the decision-making power that the agency head or designee would have had to render a final order had the agency head or designee presided over the hearing, except to the extent that the issues subject to review are limited by a provision of law or by the agency head or designee upon notice to all parties. In reviewing findings of fact in initial orders by presiding officers, the agency head shall give due regard to the presiding officer's opportunity to observe the witnesses and to determine the credibility of witnesses. The agency head shall consider the agency record or such portions of it as have been designated by the parties.
(e) The agency head or designee shall afford each party an opportunity to present briefs and may afford each party an opportunity to present oral argument.
(f) The agency head or designee shall render a final order disposing of the proceeding or remand the matter for further proceedings with instructions to the person who rendered the initial order. Upon remanding a matter, the agency head or designee may order such temporary relief as is authorized and appropriate.
(g) A final order or an order remanding the matter for further proceedings shall be rendered in writing and served within 30 days after receipt of briefs and oral argument unless that period is waived or extended with the written consent of all parties or for good cause shown.
(h) A final order or an order remanding the matter for further proceedings under this section shall identify any difference between this order and the initial order and shall state the facts of record which support any difference in findings of fact, state the source of law which supports any difference in legal conclusions, and state the policy reasons which support any difference in the exercise of discretion. A final order under this section shall include, or incorporate by express reference to the initial order, all the matters required by subsection (c) of K.S.A. 77-526, and amendments thereto.
(i) The agency head shall cause copies of the final order or order remanding the matter for further proceedings to be served on each party in the manner prescribed by K.S.A. 77-531, and amendments thereto.
(j) Unless a petition for reconsideration is a prerequisite for seeking judicial review, a final order under this section shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.
History: L. 1984, ch. 313, § 27; L. 1988, ch. 356, § 14; L. 1995, ch. 175, § 6; L. 1997, ch. 182, § 94; L. 2009, ch. 109, § 13; July 1.
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.
(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.
(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.
(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.
(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.
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.
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.
(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.
(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.
(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.
History: L. 1984, ch. 313, §§ 38 to 40; L. 1988, ch. 356, §§ 23 to 25; Repealed, L. 1989, ch. 283, § 26; July 1.
(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.
(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.
(a) This section applies to adjudicative proceedings before the state corporation commission.
(b) (1) After the commission has determined and announced that a hearing should be held, and prior to the issuance of a final order, no parties to the proceeding, or their counsel, shall discuss the merits of the matter or proceeding with the presiding officer unless reasonable notice is given to all parties who have appeared to enable the parties to be present at the conference.
(2) After the commission has determined and announced that a hearing should be held, prior to the issuance of a final order, copies of any written communications from any party regarding the proceeding that are directed to the presiding officer shall be served upon all parties of record and proof of service shall be furnished to the commission. Communications requested by members of the commission staff from any party and any written communications received by members of the commission staff from any party shall be made a part of the file and the docket and shall be made available to all persons who desire to use them, provided that all commission requests for information from a party shall be served upon all parties of record.
(3) The person or persons to whom any ex parte communication has been made shall promptly and fully inform the full commission of the substance of the communication, and the circumstances thereof, to enable the commission to take appropriate action.
(c) For purposes of this section, no member of the technical staff shall be considered a party to any proceeding before the commission, regardless of participation in staff investigations with respect to the proceeding or of participation in the proceeding as a witness. Since the purpose of the staff is to aid the commission in the proper discharge of commission duties, the presiding officers shall be free at all times to confer with any staff member with respect to any proceeding. However, no facts that are outside the record, and that reasonably could be expected to influence the decision in any matter pending before the commission, shall be furnished to any presiding officer unless all parties to the proceeding are likewise informed and afforded a reasonable opportunity to respond. Subsection (b) shall apply to staff counsel in regard to any adjudicatory proceeding before the commission.
(d) All letters and written communications that are received by the presiding officer from members of the general public, and that are in the nature of ex parte communications, shall be made a part of the file in the docket and shall be made available to all persons who desire to see them. The deposit of such written communications and letters in the file shall not make them a part of the official record of the case.
History: L. 1988, ch. 356, § 355; L. 2016, ch. 63, § 5; July 1.
(a) This section applies to adjudicative proceedings before the commissioner of insurance concerning any rate, or any rule, regulation or practice pertaining to the rates over which the commissioner has jurisdiction and adjudicative proceedings held pursuant to the Kansas insurance holding companies act.
(b) (1) After the commissioner has determined and announced that a hearing should be held, and prior to the issuance of a final order, no parties to the proceeding, or their counsel, shall discuss the merits of the matter or proceeding with the presiding officer unless reasonable notice is given to all parties who have appeared to enable the parties to be present at the conference.
(2) After the commissioner has determined and announced that a hearing should be held, prior to the issuance of a final order, copies of any written communications from any party regarding the proceeding that are directed to the presiding officer shall be served upon all parties of record and proof of service shall be furnished to the commissioner. Communications requested by the commissioner's staff from any party and any written communication received by the commissioner's staff from any party shall be made a part of the file and the docket and shall be made available to all persons who desire to use them, provided that the commissioner's requests for information from a party shall be mailed to all parties of record.
(3) The person or persons to whom any ex parte communication has been made shall promptly and fully inform the commissioner of the substance of the communication, and the circumstances thereof, to enable the commissioner to take appropriate action.
(c) For purposes of this section, no member of the commissioner's technical staff shall be considered a party to any proceeding before the commissioner, regardless of participation in staff investigations with respect to the proceeding or of participation in the proceeding as a witness. Since the purpose of the staff is to aid the commissioner in the proper discharge of the commissioner's duties, the presiding officer shall be free at all times to confer with any staff member with respect to any proceeding. However, no facts that are outside the record, and that reasonably could be expected to influence the decision in any matter pending before the commissioner, shall be furnished to any presiding officer unless all parties to the proceeding are likewise informed and afforded a reasonable opportunity to respond. Subsection (b) shall apply to staff counsel who have participated in the proceeding in regard to any adjudicatory proceeding before the commissioner.
(d) All letters and written communications that are received by the presiding officer from members of the general public, and that are in the nature of ex parte communications, shall be made a part of the file in the docket and shall be made available to all persons who desire to see them. The deposit of such written communications and letters in the file shall not make them a part of the official record of the case.
History: L. 1988, ch. 356, § 356; L. 2016, ch. 63, § 6; July 1.
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.
(a) This section applies to adjudicative proceedings before the director of taxation. Informal conferences held pursuant to K.S.A. 79-3226, and amendments thereto, shall not be deemed to be adjudicative proceedings for the purposes of this act.
(b) (1) After the director has determined and announced that a hearing should be held, and prior to the issuance of a final order, no parties to the proceeding, or their counsel, shall discuss the merits of the matter or proceeding with the presiding officer unless reasonable notice is given to all parties who have appeared to enable the parties to be present at the conference.
(2) After the director has determined and announced that a hearing should be held, prior to the issuance of a final order, copies of any written communications from any party regarding the proceeding that are directed to the presiding officer shall be served upon all parties of record and proof of service shall be furnished to the director. Communications requested by the director's staff from any party and any written communication received by the director's staff from any party shall be made a part of the file and the docket and shall be made available to all persons who desire to use them, provided that the director's requests for information from a party shall be served upon all parties of record.
(3) The person or persons to whom any ex parte communication has been made shall promptly and fully inform the director of the substance of the communication, and the circumstances thereof, to enable the director of any division within the department to take appropriate action.
(c) For purposes of this section, no member of the director's technical staff shall be considered a party to any proceeding before the director, regardless of participation in staff investigations with respect to the proceeding or of participation in the proceeding as a witness. Since the purpose of the staff is to aid the director in the proper discharge of the director's duties, the presiding officer shall be free at all times to confer with any staff member with respect to any proceeding. However, no facts that are outside the record, and that reasonably could be expected to influence the decision in any matter pending before the director, shall be furnished to any presiding officer unless all parties to the proceeding are likewise informed and afforded a reasonable opportunity to respond. Subsection (b) shall apply to staff counsel who have participated in the proceeding in regard to any adjudicatory proceeding before the director.
(d) All letters and written communications that are received by the presiding officer from members of the general public, and that are in the nature of ex parte communications, shall be made a part of the file in the docket and shall be made available to all persons who desire to see them. The deposit of such written communications and letters in the file shall not make them a part of the official record of the case.
History: L. 1988, ch. 356, § 357; L. 1997, ch. 126, § 6; L. 2016, ch. 63, § 7; July 1.
(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.
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.
(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.
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.
On and after July 1, 2009: (a) Except as otherwise provided by this act, all of the powers, duties and functions of the office of administrative hearings within the department of administration and the secretary of administration concerning adjudicative proceedings of the Kansas administrative procedure act are hereby transferred to and conferred and imposed upon the office of administrative hearings and the director established by this act.
(b) Except as otherwise provided by this act, the office of administrative hearings and the director established by this act shall be the successor in every way to the powers, duties and functions of the office of administrative hearings within the department of administration and the secretary of administration concerning adjudicative proceedings of the Kansas administrative procedure act in which the same were vested prior to the effective date of this section. Every act performed in the exercise of such powers, duties and functions by or under the authority of the office of administrative hearings and the director concerning adjudicative proceedings of the Kansas administrative procedure act established by this act shall be deemed to have the same force and effect as if performed by the office of administrative hearings within the department of administration and the secretary of administration, respectively, in which such powers, duties and functions were vested prior to the effective date of this section.
(c) Except as otherwise provided by this act, whenever the office of administrative hearings within the department of administration and the secretary of administration, or words of like effect concerning adjudicative proceedings of the Kansas administrative procedure act, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the office of administrative hearings established by this act.
(d) Except as otherwise provided by this act, whenever the secretary of administration, or words of like effect concerning adjudicative proceedings of the Kansas administrative procedure act, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the director established by this act.
(e) All rules and regulations of the office of administrative hearings within the department of administration and the secretary of administration concerning adjudicative proceedings of the Kansas administrative procedure act in existence on the effective date of this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the director of the office of administrative hearings established by this act until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the office of administrative hearings within the department of administration and the secretary of administration concerning adjudicative proceedings of the Kansas administrative procedure act in existence on the effective date of this section shall continue to be effective and shall be deemed to be orders and directives of the director of the office of administrative hearings established by this act until revised, amended or nullified pursuant to law.
(g) On the effective date of this section, the director of the office of administrative hearings established by this act shall succeed to whatever right, title or interest the department of administration has acquired in any real property in this state concerning adjudicative proceedings of the Kansas administrative procedure act, and the director of the office of administrative hearings shall hold the same for and in the name of the state of Kansas. On and after the effective date of this section, whenever any statute, contract, deed or other document concerns the power or authority of the office of administrative hearings within the department of administration and the secretary of administration concerning adjudicative proceedings of the Kansas administrative procedure act to acquire, hold or dispose of real property or any interest therein, the office of administrative hearings and the director as established by this act shall succeed to such power or authority.
(h) The office of administrative hearings and the director established by this act shall be continuations of the office of administrative hearings within the department of administration and the secretary of administration concerning adjudicative proceedings of the Kansas administrative procedure act.
History: L. 2004, ch. 145, § 2; July 1.
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.
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.
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.
(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.
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.
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.
(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.
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.
History: L. 1984, ch. 338, § 5; Repealed, L. 2009, ch. 109, § 29; July 1.
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.
(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.
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.
(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.
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.
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.
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.
Subject to other requirements of this act or of another statute:
(a) A petition for judicial review of a rule and regulation may be filed at any time, except as otherwise provided by law.
(b) If reconsideration has not been requested and is not a prerequisite for seeking judicial review, a petition for judicial review of a final order shall be filed within 30 days after service of the order.
(c) Except as provided in K.S.A.
77-631, and amendments thereto, if reconsideration has been requested or is a prerequisite for seeking judicial review, a petition for judicial review of a final order shall be filed: (1) Within 30 days after service of the order rendered upon reconsideration, unless a further petition for reconsideration is required under K.S.A.
66-118b, and amendments thereto; (2) within 30 days after service of an order denying the request for reconsideration; or (3) in proceedings before the Kansas corporation commission, within 30 days of the date the request for reconsideration is deemed to have been denied.
(d) A petition for judicial review of agency action other than a rule and regulation or final order shall be filed within 30 days after the agency action, but the time is extended:
(1) During the pendency of the petitioner's timely attempts to exhaust administrative remedies; and
(2) during any period that the petitioner 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, that the agency had taken the action or that the agency action had a sufficient effect to confer standing upon the petitioner to obtain judicial review under this act.
(e) Service of an order, pleading or other matter shall be made upon the parties to the agency proceeding and their attorneys of record, if any, by:
(1) Delivering a copy of it to them;
(2) mailing a copy of it to them at their last known addresses; or
(3) transmitting a copy of it to them by electronic means when authorized by supreme court rule or a local rule.
Delivery of a copy of an order, pleading or other matter means handing it to the person being served or leaving it at that person's principal place of business or residence with a person of suitable age and discretion who works or resides therein. 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. Service by mail is complete upon mailing. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after service of an order, pleading or other matter and it is served by mail or electronic means, three days shall be added to the prescribed period. Unless reconsideration is a prerequisite for seeking judicial review, a final order shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.
History: L. 1984, ch. 338, § 13; L. 1986, ch. 318, § 6; L. 1995, ch. 175, § 10; L. 2016, ch. 63, § 8; July 1.
(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.
(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.
(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.
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.
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.
(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.
(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.
(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.
(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.
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.
(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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1995, ch. 170, § 11; July 1.
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