77-529. Reconsideration. (a) (1) Except as otherwise provided by paragraph (2), any party, within 15 days after service of a final order, may file a petition for reconsideration with the agency head, stating the specific grounds upon which relief is requested. The filing of the petition is not a prerequisite for seeking administrative or judicial review except as provided in K.S.A. 44-1010 and 44-1115, and amendments thereto, concerning orders of the Kansas human rights commission, K.S.A. 55-606 and 66-118b, and amendments thereto, concerning orders of the corporation commission.
(2) Any party applying for an exemption under: (A) Section 13, of article 11 of the constitution of the state of Kansas, or (B) K.S.A. 79-201a Second, and amendments thereto, for property constructed or purchased, in whole or in part, with the proceeds of revenue bonds under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto, may file a petition for reconsideration with the state board of tax appeals within 30 days after service of a final order.
(b) Within 20 days after the filing of the petition, the agency head shall render a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further proceedings. An order on reconsideration altering a prior order shall be in writing and shall include findings of fact, conclusions of law and policy reasons for the decision. In proceedings before the state corporation commission, the petition is deemed to have been denied if the agency head does not dispose of it within 30 days after the filing of the petition.
An order under this section shall be served on the parties in the manner prescribed by K.S.A. 77-531, and amendments thereto.
(c) If there are multiple parties to an agency adjudication and one party files a petition for judicial review, the agency retains jurisdiction to act on a timely petition for reconsideration filed by another party.
(d) Any order rendered upon reconsideration or any order denying a petition for reconsideration shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.
(e) For the purposes of this section, "agency head" shall include a presiding officer designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto.
History: L. 1984, ch. 313, § 29; L. 1988, ch. 356, § 15; L. 1991, ch. 148, § 11; L. 1995, ch. 175, § 7; L. 1997, ch. 132, § 4; L. 1998, ch. 146, § 4; L. 2008, ch. 109, § 72; L. 2009, ch. 109, § 15; L. 2014, ch. 141, § 8; July 1.
Structure Kansas Statutes
Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure
Article 5 - Administrative Procedure Act
77-503 Application and construction; computing period of time.
77-503a Information not disclosed in public record; when.
77-505 Informal settlements; alternative dispute resolution.
77-506 Conversion of proceedings.
77-508 Hearings, not required in certain circumstances.
77-512 Orders affecting licensure; requirements.
77-513 Hearings, applicable procedures.
77-515 Participation and representation.
77-516 Prehearing conference; notice.
77-517 Prehearing conference; procedure; prehearing order.
77-519 Pleadings, motions, objections, briefs; service.
77-522 Discovery; authorization; requests; subpoenas, discovery orders and protective orders.
77-524 Evidence; official notice.
77-525 Ex parte communications; exemption for certain agencies.
77-526 Orders, initial and final; exception for state corporation commission.
77-527 Review of initial order; exceptions to reviewability.
77-530 Orders, when effective.
77-531 Service of order or notice.
77-533 Conference hearing; use, when.
77-535 Disclosure of material or essential facts.
77-536 Emergency proceedings; use, when; procedure.
77-537 Summary proceedings; use, when; right to request hearing; orders, contents.
77-542 Right to request hearing; statement filed.
77-547 Same; administrative proceedings; agency head, defined.
77-550 Division of property valuation; administrative proceedings; agency head, designation.
77-551 Hearing of state agencies; presiding officer.
77-561 Office of administrative hearings; director; employees.
77-563 Same; officers and employees transferred; benefits and rights.
77-564 Same; conflicts as to power, function or duty to be resolved by governor.
77-565 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.