Printable Format77-608. Same; nonfinal agency action. A person is entitled to interlocutory review of nonfinal agency action only if:
(a) It appears likely that the person will qualify under K.S.A. 77-607 for judicial review of the related final agency action; and
(b) postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement.
History: L. 1984, ch. 338, ยง 8; July 1.
Law Review and Bar Journal References:
"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 24 (1995).
"Procedures Under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. 77-601 et seq.," Martha J. Coffman, 76 J.K.B.A. No. 2, 21 (2007).
CASE ANNOTATIONS
1. Act is exclusive means for judicial review of agency actions unless the agency is specifically exempted. Kansas Sunset Assocs. v. Kansas Dept. of Health & Environment, 16 Kan. App. 2d 1, 3, 818 P.2d 797 (1991).
2. KCC investigative order was a nonfinal agency action not ripe for judicial review under Act. Williams Gas Pipelines Central, Inc. v. Kansas Corporation Commission, 27 Kan. App. 2d 573, 7 P.3d 311 (2000).
3. Cited; appellant failed to exhaust administrative remedies before seeking district court action; appeal dismissed. Friedman v. Kansas State Bd. of Healing Arts, 287 K. 749, 754, 755, 199 P.3d 781 (2009).
4. Phrase "entitled to obtain judicial review" discussed and applied. Kingsley v. Kansas Dept. of Revenue, 288 K. 390, 204 P.3d 562 (2009).