44-1011. Enforcement of commission orders; judicial review; procedure. (a) The commission, attorney general or county or district attorney, at the request of the commission, may secure enforcement of any final order of the commission in accordance with the Kansas judicial review act. The evidence presented to the commission, together with its findings and the order issued thereon, shall be certified by the commission to the district court as its return. No order of the commission shall be superseded or stayed during the proceeding on review unless the district court shall so direct.
(b) Any action of the commission pursuant to the Kansas act against discrimination is subject to review in accordance with the Kansas judicial review act except: (1) As provided by K.S.A. 44-1044, and amendments thereto; (2) the attorney general or county or district attorney, in addition to those persons specified by K.S.A. 77-611, and amendments thereto, shall have standing to bring an action for review; and (3) on review, the court shall hear the action by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and amendments thereto, and the court, in its discretion, may permit any party or the commission to submit additional evidence on any issue. The review shall be heard and determined by the court as expeditiously as possible. After hearing, the court may affirm the adjudication. If the adjudication by the commission is not affirmed, the court may set aside or modify it, in whole or in part, or may remand the proceedings to the commission for further disposition in accordance with the order of the court.
The commission's copy of the testimony shall be available at all reasonable times to all parties for examination without cost, and for the purpose of judicial review of the order. The review shall be heard on the record without requirement of printing.
The commission shall be deemed a party to the review of any order by the court.
History: L. 1961, ch. 248, § 8; L. 1963, ch. 279, § 6; L. 1965, ch. 323, § 7; L. 1967, ch. 285, § 3; L. 1970, ch. 192, § 6; L. 1979, ch. 161, § 3; L. 1986, ch. 318, § 64; L. 2010, ch. 17, § 79; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 10 - Kansas Acts Against Discrimination
44-1001 Title of act; declaration of state policy and purpose.
44-1003 Human rights commission; membership; organization compensation and expenses staff.
44-1004 Powers and duties of commission.
44-1009 Unlawful employment practices; unlawful discriminatory practices.
44-1010 Petition for reconsideration of orders of commission.
44-1011 Enforcement of commission orders; judicial review; procedure.
44-1012 Posting of law and information.
44-1013 Unlawful acts; penalties.
44-1015 Discrimination in housing; definitions.
44-1016 Same; unlawful acts in connection with sale or rental of real property.
44-1017 Same; unlawful acts as to real estate loans.
44-1017a Same; homeowners association; removal of certain restrictive covenants; penalties.
44-1018 Same; application of act.
44-1021 Same; judicial review of commission action; civil enforcement of act.
44-1022 Same; civil action by attorney general, when.
44-1023 Same; assignment of case; expedition.
44-1024 Same; effect of city ordinances governing housing practices.
44-1025 Same; cooperation of commission with local agencies; agreements.
44-1026 Same; unlawful acts; enforcement of section.
44-1027 Same; unlawful act; penalties.
44-1029 Same; act supplemental.
44-1030 State and local government contracts; mandatory provisions.
44-1033 Initiation and processing complaints; use of information.
44-1034 Rules and regulations.
44-1038 Provisions of 44-1031 to 44-1037 supplemental to act against discrimination.
44-1039 Unlawful act; perjury.
44-1041 Unlawful acts; penalty.
44-1042 Award of compensatory damages; reduction.
44-1043 Provisions of 44-1039 to 44-1042 supplemental to act against discrimination.