Printable Format77-613. 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 not a prerequisite for seeking judicial review, a petition for judicial review of a final order shall be filed within 30 days after service of the order.
(c) Except as provided in K.S.A. 77-631, and amendments thereto, if reconsideration has been requested or is a prerequisite for seeking judicial review, a petition for judicial review of a final order shall be filed: (1) Within 30 days after service of the order rendered upon reconsideration, unless a further petition for reconsideration is required under K.S.A. 66-118b, and amendments thereto; (2) within 30 days after service of an order denying the request for reconsideration; or (3) in proceedings before the Kansas corporation commission, within 30 days of the date the request for reconsideration is deemed to have been denied.
(d) A petition for judicial review of agency action other than a rule and regulation or final order shall be filed within 30 days after the agency action, but the time is extended:
(1) During the pendency of the petitioner's timely attempts to exhaust administrative remedies; and
(2) during any period that the petitioner did not know and was under no duty to discover, or did not know and was under a duty to discover but could not reasonably have discovered, that the agency had taken the action or that the agency action had a sufficient effect to confer standing upon the petitioner to obtain judicial review under this act.
(e) Service of an order, pleading or other matter shall be made upon the parties to the agency proceeding and their attorneys of record, if any, by:
(1) Delivering a copy of it to them;
(2) mailing a copy of it to them at their last known addresses; or
(3) transmitting a copy of it to them by electronic means when authorized by supreme court rule or a local rule.
Delivery of a copy of an order, pleading or other matter means handing it to the person being served or leaving it at that person's principal place of business or residence with a person of suitable age and discretion who works or resides therein. Service shall be presumed if the presiding officer, or a person directed to make service by the presiding officer, makes a written certificate of service. Service by mail is complete upon mailing. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after service of an order, pleading or other matter and it is served by mail or electronic means, three days shall be added to the prescribed period. Unless reconsideration is a prerequisite for seeking judicial review, a final order shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.
History: L. 1984, ch. 338, § 13; L. 1986, ch. 318, § 6; L. 1995, ch. 175, § 10; L. 2016, ch. 63, § 8; July 1.
Law Review and Bar Journal References:
"The Kansas Property Tax: Understanding and Surviving Reappraisal," P. John Brady, Brian T. Howes, and Greg L. Musil, 57(3) J.K.B.A. 23, 29 (1988).
"Appellate Court Jurisdiction: An Update," Debra S. Byrd, 58 J.K.B.A. No. 1, 21, 23 (1989).
"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 32, 33, 36 (1995).
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
"A Species Unto Themselves: Professional Disciplinary Actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).
"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. 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. Cited; petition for review of BOTA order (K.S.A. 74-2426) served by mail as including additional time covered by K.S.A. 60-206(a) examined. In re Tax Appeal of Newton Country Club Co., 12 Kan. App. 2d 638, 640, 304 P.2d 753 (1988).
3. 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).
4. 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).
5. Act contains no provision for substantial compliance with service requirement. Claus v. Kansas Dept. of Revenue, 16 Kan. App. 2d 12, 13, 825 P.2d 172 (1991).
6. Noted in discussion of K.S.A. 44-556 in determining when payment of award in preliminary hearing order past due. Stout v. Stixon Petroleum, 17 Kan. App. 2d 195, 201, 836 P.2d 1185 (1992).
7. Driver's license suspension proceedings (K.S.A. 8-1002) governed by act; substantial compliance ineffective. State v. Lovett, 17 Kan. App. 2d 450, 454, 839 P.2d 53 (1992).
8. Construction and application of time allowed for filing petition with KCCR. United Steelworkers of America v. Kansas Comm'n on Civil Rights, 17 Kan. App. 2d 863, 864, 865, 866, 867, 845 P.2d 89 (1993).
9. Time allowed for filing petition for judicial review, interpretation of three-day statutory grace period for service by mail examined. United Steelworkers of America v. Kansas Comm'n on Civil Rights, 253 Kan. 327, 329, 855 P.2d 905 (1993).
10. Cited in holding personal service requirement of notice of suspension of driver's license (K.S.A. 8-1002(c)) mandatory; "substantial compliance" insufficient. Anderson v. Kansas Dept. of Revenue, 18 Kan. App. 2d 347, 353, 853 P.2d 69 (1993).
11. Whether K.S.A. 77-529(b) procedural requirements must be strictly complied with to preserve party's right to proceed examined. Sunflower Racing, Inc. v. Board of Wyandotte County Comm'rs, 256 Kan. 426, 433, 885 P.2d 1233 (1994).
12. Who should receive service and notice of petition for judicial review of agency action examined. Hale v. Substance Abuse Center East, Inc., 19 Kan. App. 2d 569, 570, 873 P.2d 932 (1994).
13. Whether motion to reconsider order of Kansas civil service board is permissive tolling limitations period for judicial review examined. State Bank Commissioner v. Emery, 19 Kan. App. 2d 1063, 1064, 1066, 880 P.2d 783 (1994).
14. Appeal of workers compensation order must be filed within 30 days of order date; three additional mailing days not allowed. Jones v. Continental Can Co., 260 Kan. 547, 555, 920 P.2d 939 (1996).
15. Oral averments at hearing conducted within limitation period sufficient amendment of petition for judicial review jurisdiction (concurring opinion). Karns v. Kansas Bd. of Agriculture, 22 Kan. App. 2d 739, 752, 923 P.2d 78 (1996).
16. Notice requirements of subsection (e) require strict compliance; KJRA has no provision for substantial compliance. Reifschneider v. Kansas State Lottery, 266 Kan. 338, 341, 969 P.2d 875 (1998).
17. Excusable neglect under K.S.A. 60-2103 does not justify untimeliness of workers compensation appeal under subsection (b)(1). Anderson v. Bill Morris Constr. Co. Inc., 25 Kan. App. 2d 603, 605, 966 P.2d 96 (1998).
18. ALJ's workers compensation award misaddressed; not received before review application filing date expiration; notice insufficient to satisfy due process. Nguyen v. IBP, Inc., 266 Kan. 580, 584, 972 P.2d 747 (1999).
19. Time for filing a petition for review under KJRA had not begun to run because of agency's failure to provide notice of agency officer to receive service. Heiland v. Dunnick, 270 Kan. 663, 19 P.3d 103 (2001).
20. Appeal from agency's final order governed by K.S.A. 77-613(b) and (e) rather than K.S.A. 77-613(d); appeal filed 29 days after request of order was timely. Wiest v. Kansas Board of Regents, 30 Kan. App. 2d 301, 40 P.3d 988 (2002).
21. Plaintiff required to exhaust all administrative remedies before proceeding under KJRA; failure of SRS to provide insurance qualifies as an agency action. Jones v. State, 279 Kan. 364, 109 P.3d 1166 (2005).
22. Cited; failure to include petitioner's mailing address; no district court jurisdiction. White v. Kansas Dept. of Revenue, 38 Kan. App. 2d 11, 19, 163 P.3d 320 (2007).
23. Federal 1983 action; state administrative proceeding was coercive for purposes of Younger abstention; exhaustion of state remedy required. Brown v. Day, 477 F. Supp. 2d 1110 (2007).
24. Failure to satisfy K.S.A. 77-613(e) with respect to service of agency's final order does not change status as "final order." Guss v. Fort Hays State Univ., 38 Kan. App. 2d 912, 916, 917, 918, 173 P.3d 1159 (2008).
25. Cited; appeal to secretary of revenue essential to exhaustion of administrative remedies. Blomgren v. Kansas Dept. of Revenue, 40 Kan. App. 2d 208, 210, 213, 214, 191 P.3d 320 (2008).
26. Cited; developmentally disabled adult's medicaid benefits terminated; exhaustion of state proceedings held non-applicable to remedial proceedings. Brown ex rel. Brown v. Day, 555 F.3d 882, 886, 887, 902 (2009).
27. Petition for judicial review held to comply with pleading requirements of K.S.A. 77-614(b). Kingsley v. Kansas Dept. of Revenue, 288 Kan. 390, 204 P.3d 562 (2009).
28. Ten-day limit for filing petition for review per K.S.A. 8-259 applies to every order of suspension issued pursuant to K.S.A. 8-1001 et seq. Moser v. Kansas Dept. of Revenue, 289 Kan. 513, 213 P.3d 1061 (2009).