Printable Format77-602. Definitions. As used in this act:
(a) "Agency" means a state agency.
(b) "Agency action" means:
(1) The whole or a part of a rule and regulation or an order;
(2) the failure to issue a rule and regulation or an order; or
(3) an agency's performance of, or failure to perform, any other duty, function or activity, discretionary or otherwise.
(c) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.
(d) "License" means a franchise, permit, certification, approval, registration, charter or similar form of authorization required by law.
(e) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons.
(f) "Party to agency proceedings," or "party" in context so indicating, means:
(1) A person to whom the agency action is specifically directed; or
(2) a person named as a party to any agency proceeding or allowed to intervene or participate as a party in the proceeding.
(g) "Party to judicial review or civil enforcement proceedings," or "party" in context so indicating, means:
(1) A person who files a petition for judicial review; or
(2) a person named as a party in a proceeding for judicial review or civil enforcement or allowed to participate as a party in the proceeding.
(h) "Person" means an individual, partnership, corporation, association, political subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.
(i) "Rule and regulation" means a standard, statement of policy or general order, including amendments or revocations thereof, of general application and having the effect of law, issued or adopted by an agency to implement or interpret legislation enforced or administered by such agency or to govern the organization of procedure of such agency.
(j) "Rulemaking" means the process for formulation and adoption of a rule and regulation.
(k) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state which is authorized by law to administer, enforce or interpret any law of this state but does not include any political or taxing subdivision of the state, or any agency thereof, or the judicial or legislative branch of state government.
History: L. 1984, ch. 338, § 2; L. 1986, ch. 318, § 1; July 1.
Revisor's Note:
As the history indicates, this section was included in a 1986 act but was unchanged by the act as passed.
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, 749, 751, 740 P.2d 585 (1987).
2. Appropriate standards of review as excluding city and county rezoning decisions examined. Landau v. City Council of Overland Park, 244 Kan. 257, 273, 767 P.2d 1290 (1989).
3. Cited by dissent; majority holding judicial branch employees not covered by public employer-employee relations act (PEERA K.S.A. 75-4321 et seq.). Kansas Ass'n of Public Employees v. Public Employees Relations Bd., 13 Kan. App. 2d 657, 662, 778 P.2d 377 (1989).
4. State historic preservation officer's authority as not denying due process, owner's requirements regarding alternatives examined. Allen Realty, Inc. v. City of Lawrence, 14 Kan. App. 2d 361, 369, 790 P.2d 948 (1990).
5. Act for judicial review inapplicable to appeal from unified school district board acting as quasi-judicial body. O'Hair v. U.S.D. No. 300, 15 Kan. App. 2d 52, 56, 805 P.2d 40 (1991).
6. Act is exclusive means 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, 2, 818 P.2d 797 (1991).
7. "Agency" construed, Department of Administration ordered to pay transcript preparation costs for court review. Everett v. Topeka Correctional Facility, 16 Kan. App. 2d 739, 740, 828 P.2d 949 (1992).
8. Nothing in act provides trial court with jurisdiction to review a decision by board of county commissioners. Justice v. Board of Wyandotte County Comm'rs, 17 Kan. App. 2d 102, 105, 835 P.2d 692 (1992).
9. Cited; whether act was plaintiff's exclusive remedy in multicount action resulting from administrative license suspension examined. Lindenman v. Umscheid, 255 Kan. 610, 619, 875 P.2d 964 (1994).
10. 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, 571, 873 P.2d 932 (1994).
11. Whether an ALJ order which awards workers compensation benefits is an order subject to review examined. McClure v. Rodricks, 20 Kan. App. 2d 102, 105, 883 P.2d 1228 (1994).
12. Sexual predator treatment program participant challenges lack of formal disciplinary procedure, KJRA held applicable, not K.S.A. 60-1501 or 60-1701. Williams v. DesLauriers, 38 Kan. App. 2d 629, 635, 172 P.3d 42 (2007).
13. 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, 752, 753, 755, 757, 189 P.3d 494 (2008).
14. Appeals under K.S.A. 58-3509 are by trial de novo; Kansas act for judicial review does not apply. Frick v. City of Salina, 289 Kan. 1, 208 P.3d 739 (2009).
15. Breach of contract claims against state agency must be brought under Kansas act for judicial review and civil enforcement of agency actions. 10th Street Medical v. State, 42 Kan. App. 2d 249, 210 P.3d 670 (2009).