77-601 Title.

77-601. Title. K.S.A. 77-601 through 77-631 shall be known and may be cited as the Kansas judicial review act. History: L. 1984, ch. 338, § 1; L. 2009, ch. 109, § 23; July 1.

77-602 Definitions.

77-602. Definitions. As used in this act: (a) “Agency” means a state agency. (b) “Agency action” means: (1) The whole or a part of a rule and regulation or an order; (2) the failure to issue a rule and regulation or an order; or (3) an agency’s performance of, or failure to perform, any other […]

77-603 Application and construction.

77-603. Application and construction. (a) This act applies to all agencies and all proceedings for judicial review and civil enforcement of agency actions not specifically exempted by statute from the provisions of this act. (b) This act creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed […]

77-604 Waiver.

77-604. Waiver. Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this act. History: L. 1984, ch. 338, § 4; July 1.

77-606 Act exclusive means of review.

77-606. Act exclusive means of review. In accordance with K.S.A. 77-603 and amendments thereto, this act establishes the exclusive means of judicial review of agency action. History: L. 1984, ch. 338, § 6; L. 1986, ch. 318, § 3; July 1.

77-607 Persons entitled to review; final agency action.

77-607. Persons entitled to review; final agency action. (a) A person who qualifies under this act regarding (1) standing (K.S.A. 77-611), (2) exhaustion of administrative remedies (K.S.A. 77-612) and (3) time for filing the petition for judicial review (K.S.A. 77-613) and other applicable provisions of law regarding bond, compliance and other preconditions is entitled to […]

77-608 Same; nonfinal agency action.

77-608. Same; nonfinal agency action. A person is entitled to interlocutory review of nonfinal agency action only if: (a) It appears likely that the person will qualify under K.S.A. 77-607 for judicial review of the related final agency action; and (b) postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate […]

77-609 Jurisdiction, venue.

77-609. Jurisdiction, venue. (a) The district court shall conduct judicial review except when: (1) A statute specifically provides for review of an agency action by appeal directly to the court of appeals; or (2) otherwise provided by law. (b) Except as otherwise provided by K.S.A. 8-259, 31-144, 44-556, 72-5430a and 74-2426, and amendments thereto, venue […]

77-610 Initiation of action; form of action.

77-610. Initiation of action; form of action. Judicial review is initiated by filing a petition for judicial review in the appropriate court and payment of the docket fee as required by K.S.A. 60-2001 and amendments thereto. A petition for judicial review may seek any type of relief available under K.S.A. 77-622 and amendments thereto. If […]

77-611 Standing.

77-611. Standing. The following persons have standing to obtain judicial review of final or nonfinal agency action: (a) A person to whom the agency action is specifically directed; (b) a person who was a party to the agency proceedings that led to the agency action; (c) if the challenged agency action is a rule and […]

77-612 Exhaustion of administrative remedies.

77-612. Exhaustion of administrative remedies. A person may file a petition for judicial review under this act only after exhausting all administrative remedies available within the agency whose action is being challenged and within any other agency authorized to exercise administrative review, but: (a) A petitioner for judicial review of a rule or regulation need […]

77-613 Time for filing petition; service of order, pleading or other matter.

77-613. Time for filing petition; service of order, pleading or other matter. 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 […]

77-614 Petition; filing and contents; responsive pleading, filing and service.

77-614. Petition; filing and contents; responsive pleading, filing and service. (a) A petition for judicial review shall be filed with the clerk of the court. (b) A petition for judicial review shall set forth: (1) The name and mailing address of the petitioner; (2) the name and mailing address of the agency whose action is […]

77-615 Petition, service and notice.

77-615. Petition, service and notice. (a) A petitioner for judicial review shall serve a copy of the petition in the manner provided by subsection (e) of K.S.A. 77-613, and amendments thereto, upon the agency head, on any other person or persons designated by the agency head to receive service, on any agency officer designated to […]

77-616 Stay and other temporary remedies.

77-616. Stay and other temporary remedies. (a) Unless precluded by law, the agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review. (b) A party may file a motion in the reviewing court, during the pendency of judicial review, seeking interlocutory review of the agency’s action on […]

77-617 Limitations on new issues.

77-617. Limitations on new issues. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that: (a) The agency did not have jurisdiction to grant an adequate remedy based on a determination of the issue; (b) the agency action subject to judicial review is a […]

77-618 Review of disputed facts, extent.

77-618. Review of disputed facts, extent. Judicial review of disputed issues of fact shall be confined to the agency record for judicial review as supplemented by additional evidence taken pursuant to this act, except that review of: (a) Orders of the director of workers’ compensation under the workmen’s compensation act shall be in accordance with […]

77-619 Additional evidence.

77-619. Additional evidence. (a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding: (1) Improper constitution as a decision-making body; or improper […]

77-620 Agency record; contents, preparation, transmittal, cost.

77-620. Agency record; contents, preparation, transmittal, cost. (a) Within 30 days after service of the petition for judicial review, or within further time allowed by the court or by other provision of law, the agency shall transmit to the court the original or a certified copy of the agency record for judicial review of the […]

77-621 Scope of review.

77-621. Scope of review. (a) Except to the extent that this act or another statute provides otherwise: (1) The burden of proving the invalidity of agency action is on the party asserting invalidity; and (2) the validity of agency action shall be determined in accordance with the standards of judicial review provided in this section, […]