Printable Format77-425. Effective date of permanent rules and regulations; effect of filing and publication; effect of revocation. Every rule and regulation other than a temporary rule and regulation which is filed by a state agency in the office of the secretary of state as provided in this act shall have the force and effect of law on and after the date prescribed in K.S.A. 77-426, and amendments thereto, until amended or revoked as provided by law and such amendment or revocation shall have become effective. Any rule and regulation not filed and published as required by this act shall be of no force or effect, except that any error or irregularity in form or any clerical error or omission of the secretary of state in the filing of such regulation not affecting substantial rights shall not invalidate the same. The filing and publication of rules and regulations as required by this act shall not be construed as dispensing with the requirements of any other law necessary to make the rules and regulations effective. The revocation of a rule and regulation by a state agency shall not be construed as reviving a rule and regulation previously revoked by such agency, nor shall such revocation by a state agency be construed as affecting any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced, under or by virtue of the rule and regulation revoked.
History: L. 1965, ch. 506, § 11; L. 1974, ch. 421, § 2; L. 1976, ch. 415, § 5; L. 1977, ch. 321, § 11; L. 1985, ch. 307, § 3; L. 1988, ch. 366, § 38; June 1.
Law Review and Bar Journal References:
"Dubious Doctrines in Administrative Law," David L. Ryan and Edwin P. Carpenter, 11 W.L.J. 351, 359 (1972).
Article concerning discrimination, Joseph P. Doherty, 12 W.L.J. 28, 29 (1972).
Note concerning a private employer's denial of disability benefits for pregnancy leave, 16 W.L.J. 745, 754 (1977).
"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 24 (1995).
Attorney General's Opinions:
Scope and extent of rules and regulations filing act. 82-119.
State board of accountancy; rules and regulations; restraint of trade. 88-139.
Board of technical professions (architects); rules and regulations; specifications; public policy. 90-23.
Rules and regulations; definitions; appraisal directives issued by property valuation director. 94-120.
CASE ANNOTATIONS
1. When no contention made that administrative regulation filed hereunder is void, it is impliedly recognized as valid. Allen v. Schauf, 202 Kan. 348, 357, 449 P.2d 1010.
2. Section mentioned; when adopted, regulations have force and effect of law. Harder v. Kansas Commissioner on Civil Rights, 225 Kan. 556, 559, 592 P.2d 456.
3. Statute applied; rules and regulations have force and effect of law and operate prospectively unless contrary intent clearly indicated. Jones v. The Grain Club, 227 Kan. 148, 150, 605 P.2d 142.
4. Filing and publishing requirement primarily for public information; failure to comply cured by actual notice. Clark v. Ivy, 240 Kan. 195, 206, 727 P.2d 493 (1986).
5. Cited in opinion Governor lacked legislative authority to bind state in negotiating with Kickapoo nation on gaming compact. State ex rel Stephan v. Finney, 251 Kan. 559, 581, 836 P.2d 1169 (1992).
6. Regulation reaching beyond legislative authority violates the statute; authority to declare public policy vested in legislature not administrative agency. Kansas Human Rights Comm'n v. Topeka Golf Ass'n, 18 Kan. App. 2d 581, 588, 856 P.2d 515 (1993).
7. Whether board of technical professions erred by denying plaintiff license based on unfiled, unpublished internal policy examined. Bruns v. Kansas State Bd. of Technical Professions, 255 Kan. 728, 733, 877 P.2d 391 (1994).
8. Department of revenue regulation (Kan. App. R. 92-19-72) does not exceed statutory authority contained in K.S.A. 79-3602(a). Pemco, Inc., v. Kansas Dept. of Revenue, 258 Kan. 717, 720, 907 P.2d 863 (1995).
9. Department of revenue rule of not imposing tax on Indian retailer was void where rule not filed or published. Kaul v. Stephan, 83 F.3d 1208, 1209 (1996).
10. KDR's interpretation of K.S.A. 79-3606(kk) reasonable despite misreliance on "rule" published in information guide having no force or effect. In re Tax Appeal of Alsop Sand Co., Inc., 265 Kan. 510, 513, 962 P.2d 435 (1998).
11. Administrative regulations have the force and effect of law. Mitchell v. Petsmart, Inc., 41 Kan. App. 2d 523, 203 P.3d 76 (2009).
12. Under savings statute, repeal in March of regulations that had previously certified breath testing machine in January did not revoke certification of machine. State v. Ernesti, 291 Kan. 54, 239 P.3d 40 (2010).