77-501 Title.

77-501. Title. 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.

77-502 Definitions.

77-502. Definitions. 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. […]

77-503 Application and construction; computing period of time.

77-503. Application and construction; computing period of time. (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 […]

77-503a Information not disclosed in public record; when.

77-503a. Information not disclosed in public record; when. (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 […]

77-504 Waiver.

77-504. Waiver. Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this act. History: L. 1984, ch. 313, § 4; July 1, 1985.

77-505 Informal settlements; alternative dispute resolution.

77-505. Informal settlements; alternative dispute resolution. 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. […]

77-506 Conversion of proceedings.

77-506. Conversion of proceedings. (a) At any point in a state agency proceeding the presiding officer or other state agency official responsible for the proceeding: (1) May convert the proceeding to another type of state agency proceeding if the conversion is appropriate, is in the public interest and does not substantially prejudice the rights of […]

77-508 Hearings, not required in certain circumstances.

77-508. Hearings, not required in certain circumstances. A hearing shall not be required for a decision: (a) To issue or not to issue a complaint, summons or similar accusation; or (b) to initiate or not to initiate an investigation, prosecution or other proceeding before the state agency, another agency or a court. History: L. 1984, […]

77-511 Time limits for processing application for an order or a request for a hearing; expiration of license, when.

77-511. Time limits for processing application for an order or a request for a hearing; expiration of license, when. (a) Except to the extent that the time limits in this subsection are inconsistent with limits established by another statute, a state agency shall process an application for an order on which a statute provides for […]

77-512 Orders affecting licensure; requirements.

77-512. Orders affecting licensure; requirements. A state agency may not revoke, suspend, modify, annul, withdraw, refuse to renew, or amend a license unless the state agency first gives notice and an opportunity for a hearing in accordance with this act. This section does not preclude a state agency from (a) taking immediate action to protect […]

77-513 Hearings, applicable procedures.

77-513. Hearings, applicable procedures. When a statute provides for a hearing in accordance with this act, the hearing shall be governed by K.S.A. 77-513 through 77-532, and amendments thereto, except as otherwise provided by: (a) A statute other than this act; or (b) K.S.A. 77-533 through 77-542, and amendments thereto. History: L. 1984, ch. 313, […]

77-514 Presiding officer.

77-514. Presiding officer. (a) For all agencies, except for the state board of tax appeals, the agency head, one or more members of the agency head or a presiding officer assigned by the office of administrative hearings shall be the presiding officer. (b) Any person serving or designated to serve alone or with others as […]

77-515 Participation and representation.

77-515. Participation and representation. (a) Any party may participate in the hearing in person or, if the party is a corporation or other artificial person, by a duly authorized representative. (b) Whether or not participating in person, any party may be represented at the party’s own expense by counsel or, if permitted by law, other […]

77-516 Prehearing conference; notice.

77-516. Prehearing conference; notice. The presiding officer designated to conduct the hearing may conduct a prehearing conference. If the conference is conducted: (a) The state agency may assign a presiding officer for the prehearing conference, exercising the same discretion as is provided by K.S.A. 77-514 and amendments thereto concerning the selection of a presiding officer […]

77-517 Prehearing conference; procedure; prehearing order.

77-517. Prehearing conference; procedure; prehearing order. (a) The presiding officer may conduct all or part of the prehearing conference by telephone or other electronic means if each participant in the conference has an opportunity to participate in the entire proceeding while it is taking place. (b) The presiding officer shall conduct the prehearing conference, as […]

77-518 Notice of hearing.

77-518. Notice of hearing. (a) The presiding officer for the hearing shall set the time and place of the hearing and give reasonable written notice at least 10 days prior to the hearing to all parties and to all persons who have filed written petitions to intervene in the matter. Service of notices shall be […]

77-519 Pleadings, motions, objections, briefs; service.

77-519. Pleadings, motions, objections, briefs; service. (a) The presiding officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, objections and motions, including, but not limited to, motions to dismiss and motions for summary judgment. (b) The presiding officer, at appropriate stages of the proceedings, may give all parties […]

77-520 Default.

77-520. Default. (a) If a party fails to attend or participate in a prehearing conference, hearing or other stage of an adjudicative proceeding, the presiding officer may serve upon all parties written notice of a proposed default order, including a statement of the grounds. (b) Within seven days after service of a proposed default order, […]

77-521 Intervention.

77-521. Intervention. (a) The presiding officer shall grant a petition for intervention if: (1) The petition is submitted in writing to the presiding officer, with copies served upon all parties named in the presiding officer’s notice of the hearing, at least three business days before the hearing; (2) the petition states facts demonstrating that the […]

77-522 Discovery; authorization; requests; subpoenas, discovery orders and protective orders.

77-522. Discovery; authorization; requests; subpoenas, discovery orders and protective orders. (a) Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties. Requests for discovery shall be made in writing to the presiding officer and a copy of each request for discovery shall be served on the […]