Printable Format77-611. 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 regulation, a person subject to that rule; or
(d) a person eligible for standing under another provision of law.
History: L. 1984, ch. 338, ยง 11; July 1.
CASE ANNOTATIONS
1. Cited; judicial review unavailable where party fails to exhaust administrative remedies as required by K.S.A. 77-607, 77-612. W.S. Dickey Clay Mfg. Co. v. Kansas Corp. Comm'n, 241 Kan. 744, 750, 751, 740 P.2d 585 (1987).
2. Nonprofit organization has standing to seek judicial relief as a "person who was a party to the agency proceedings that led to the agency action". Families Against Corporate Takeover v. Mitchell, 268 Kan. 803, 1 P.3d 884 (2000).
3. Landfill permit; court discusses and applies "standing" test. Board of Sumner County Comm'rs v. Bremby, 38 Kan. App. 2d 557, 168 P.3d 1034 (2007).
4. Cited in discussion of standing; persons commenting during public hearing by agency meet KJRA standing requirements. Board of Sumner County Comm'rs v. Bremby, 286 Kan. 745, 749 to 753, 755 to 757, 759 to 761, 189 P.3d 494 (2008).
5. Phrase "entitled to obtain judicial review" discussed and applied. Kingsley v. Kansas Dept. of Revenue, 288 Kan. 390, 204 P.3d 562 (2009).
6. Pleading requirements under K.S.A. 77-614 discussed and applied in driver's license suspension proceeding. Rivera v. Kansas Dept. of Revenue, 41 Kan. App. 2d 949, 206 P.3d 891 (2009).
7. To establish statutory standing, the petitioner must satisfy the requirements for both the Kansas air quality act and Kansas judicial review act. Sierra Club v. Moser, 298 Kan. 22, 310 P.3d 360 (2013).