77-625. Defenses; limitations on new issues and new evidence. A defendant may assert, in a proceeding for civil enforcement, any of the following defenses on which the court, to the extent necessary for the determination of the matter, may consider new issues or take new evidence:
(a) The rule and regulation or order does not apply to the party;
(b) the party has not violated the rule or order;
(c) the party has violated the rule and regulation or order but has subsequently complied, but a party who establishes this defense is not necessarily relieved from any sanction provided by law for past violations; or
(d) any other defense allowed by law.
History: L. 1984, ch. 338, ยง 25; July 1.
Structure Kansas Statutes
Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure
Article 6 - Kansas Judicial Review Act
77-603 Application and construction.
77-606 Act exclusive means of review.
77-607 Persons entitled to review; final agency action.
77-608 Same; nonfinal agency action.
77-610 Initiation of action; form of action.
77-612 Exhaustion of administrative remedies.
77-613 Time for filing petition; service of order, pleading or other matter.
77-614 Petition; filing and contents; responsive pleading, filing and service.
77-615 Petition, service and notice.
77-616 Stay and other temporary remedies.
77-617 Limitations on new issues.
77-618 Review of disputed facts, extent.
77-620 Agency record; contents, preparation, transmittal, cost.
77-622 Relief on final disposition.
77-623 Review by higher court.
77-624 Initiation of action; petition; venue; form of action.
77-625 Defenses; limitations on new issues and new evidence.
77-627 Review by higher court.
77-631 Failure of agency to act in timely manner, interlocutory review of agency's failure to act.