Printable Format77-631. Failure of agency to act in timely manner, interlocutory review of agency's failure to act. (a) A person aggrieved by the failure of an agency to act in a timely manner as required by K.S.A. 77-526 or 77-549, and amendments thereto, or as otherwise required by law, is entitled to interlocutory review of the agency's failure to act.
(b) If an agency, not including the Kansas corporation commission, does not act on a petition for reconsideration within the time prescribed by K.S.A. 77-529, and amendments thereto, a party may petition for judicial review of the final order at any time within 90 days of service of such final order. If prior to the filing of a petition for judicial review under this subsection, the agency grants the petition for reconsideration, the time for seeking judicial review of an order rendered upon such reconsideration shall be governed by subsection (c) of K.S.A. 77-613, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas judicial review act.
History: L. 1995, ch. 175, § 1; L. 2010, ch. 17, § 209; July 1.
Law Review and Bar Journal References:
"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. Party cannot collaterally attack a final agency order in a civil enforcement action by the agency. State ex rel. Bremby v. Thorson, 42 Kan. App. 2d 188, 210 P.3d 132 (2009).
2. Board of tax appeals' inaction or failure to issue a full and complete opinion was an interlocutory decision. In re Target Corp., 311 Kan. 772, 777, 466 P.3d 1189 (2020).