Kansas Statutes 77-537. Summary proceedings; use, when; right to request hearing; orders, contents
Terms Used In Kansas Statutes 77-537
- Order: means a state agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interest of one or more specific persons. See Kansas Statutes 77-502
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- State agency: means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches of state government and political subdivisions of the state, which is authorized by law to administer, enforce or interpret any law of this state. See Kansas Statutes 77-502
(a) A state agency may use summary proceedings, subject to a party’s request for a hearing on the order, if:
(1) The use of those proceedings in the circumstances does not violate any provision of law;
(2) the protection of the public interest does not require the state agency to give notice and an opportunity to participate to persons other than the parties;
(3) based upon an investigation of the facts by the state agency, beyond receipt of the allegations, the state agency believes in good faith that the allegations will be supported to the applicable standard of proof, provided however that an alleged failure to meet the standards set forth in this subsection shall not be subject to immediate judicial review and shall not invalidate any later agency action that has been supported to the applicable standard of proof; and
(4) the order does not take effect until after the time for requesting a hearing has expired.
(b) The state agency shall serve each party with a copy of the order in a summary proceeding in the manner prescribed by Kan. Stat. Ann. § 77-531, and amendments thereto. The order shall include at least:
(1) A statement of the state agency’s action and, if unfavorable action is taken, a brief statement of the reasons for the action;
(2) notice of the time and manner for requesting a hearing on the order, as provided in Kan. Stat. Ann. § 77-542; and
(3) notice that, if a hearing is not requested, the order shall become effective upon the expiration of the time for requesting a hearing.
(c) If a hearing is requested, the prior issuance of a summary order shall not affect the burden of proof.