Printable Format77-609. Jurisdiction, venue. (a) The district court shall conduct judicial review except when:
(1) A statute specifically provides for review of an agency action by appeal directly to the court of appeals; or
(2) otherwise provided by law.
(b) Except as otherwise provided by K.S.A. 8-259, 31-144, 44-556, 72-5430a and 74-2426, and amendments thereto, venue is in the county in which the order or agency action is entered or is effective or the rule and regulation is promulgated.
History: L. 1984, ch. 338, § 9; L. 1986, ch. 318, § 4; July 1.
Law Review and Bar Journal References:
"The New Kansas Administrative Procedure and Judicial Review Acts," David L. Ryan, 54 J.K.B.A. 53, 65 (1985).
CASE ANNOTATIONS
1. Judicial review of prohibited practice complaints under K.S.A. 72-5430 examined. U.S.D. No. 279 v. Secretary, Kansas Dept. of Human Resources, 14 Kan. App. 2d 248, 255, 788 P.2d 867 (1990).
2. Racing commission orders subject to broad grant of review in act; Supreme Court lacks jurisdiction to hear direct appeal. Little Balkans Foundation, Inc. v. Kansas Racing Comm'n, 247 Kan. 180, 189, 795 P.2d 368 (1990).
3. Board's order applicable in county where pesticide applicator doing business; venue for judicial review therein proper. Karns v. Kansas Bd. of Agriculture, 22 Kan. App. 2d 739, 740, 923 P.2d 78 (1996).
4. Where venue for a Kansas judicial review act proceeding is proper in more than one county, the district court should give due consideration to the plaintiff's right to choose the place of the action. Rhodenbaugh v. Kansas Employment Sec. Bd. of Review, 52 Kan. App. 2d 621, 624-628, 372 P.3d 1252 (2016).
5. When an agency order determines that an individual is a Kansas resident for tax purposes based on the individual's contacts with a particular county, the order is effective in that county for determination of proper venue. Bicknell v. Kansas Dep't of Revenue, 315 Kan. 451, 454, 509 P.3d 1211 (2022).