Kansas Statutes 77-624. Initiation of action; petition; venue; form of action
(a) In addition to other remedies provided by law, an agency may seek enforcement of its rule and regulation or order by filing a petition for civil enforcement in the district court.
(b) The petition shall name, as defendants, each alleged violator against whom the agency seeks to obtain civil enforcement.
Terms Used In Kansas Statutes 77-624
- Agency: means a state agency. See Kansas Statutes 77-602
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- 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. 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
- Subpoena: A command to a witness to appear and give testimony.
- Venue: The geographical location in which a case is tried.
(c) A party to an agency hearing may seek enforcement of a subpoena, discovery order or protective order by filing a petition for civil enforcement in the district court. The petition shall name, as defendants, each person against whom the party seeks to obtain civil enforcement.
(d) Venue shall be in the county:
(1) In which the order is entered or the rule and regulation is promulgated; or
(2) determined in the manner provided for determination of venue in other civil cases.
(e) A petition for civil enforcement may request, and the court may grant, declaratory relief, temporary or permanent injunctive relief, any other civil remedy provided by law or any combination of the foregoing.