Terms Used In Kansas Statutes 77-609

  • Agency: means a state agency. See Kansas Statutes 77-602
  • 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. See Kansas Statutes 77-602

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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. See Kansas Statutes 77-602
  • 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. See Kansas Statutes 77-602
  • Statute: A law passed by a legislature.
  • Venue: The geographical location in which a case is tried.

(a) The district court shall conduct judicial review except when:

(1) A statute specifically provides for review of an agency action by appeal directly to the court of appeals; or

(2) otherwise provided by law.

(b) Except as otherwise provided by Kan. Stat. Ann. § 8-259, 31-144, 44-556, 72-5430a and 74-2426, and amendments thereto, venue is in the county in which the order or agency action is entered or is effective or the rule and regulation is promulgated.