8-259. Cancellation, suspension, revocation or denial of license by division; judicial review. (a) Except in the case of mandatory revocation under K.S.A. 8-254 or 8-286, and amendments thereto, mandatory suspension for an alcohol or drug-related conviction under subsection (b) of K.S.A. 8-1014, and amendments thereto, mandatory suspension under K.S.A. 8-262, and amendments thereto, or mandatory disqualification of the privilege to drive a commercial motor vehicle under subsection (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(2)(A), (a)(3)(A) or (a)(3)(B) of K.S.A. 8-2,142, and amendments thereto, the cancellation, suspension, revocation, disqualification or denial of a person's driving privileges by the division is subject to review. Such review shall be in accordance with the Kansas judicial review act. In the case of review of an order of suspension under K.S.A. 8-1001 et seq., and amendments thereto, or of an order of disqualification under subsection (a)(1)(D) of K.S.A. 8-2,142, and amendments thereto, the petition for review shall be filed within 14 days after the effective date of the order and venue of the action for review is the county where the administrative proceeding was held or the county where the person was arrested. In all other cases, the time for filing the petition is as provided by K.S.A. 77-613, and amendments thereto, and venue is the county where the licensee resides. The action for review shall be by trial de novo to the court. The court shall take testimony, examine the facts of the case and determine whether the petitioner is entitled to driving privileges or whether the petitioner's driving privileges are subject to suspension, cancellation or revocation under the provisions of this act. Unless the petitioner's driving privileges have been extended pursuant to subsection (o) of K.S.A. 8-1020, and amendments thereto, the court on review may grant a stay or other temporary remedy pursuant to K.S.A. 77-616, and amendments thereto, after considering the petitioner's traffic violations record and liability insurance coverage. If a stay is granted, it shall be considered equivalent to any license surrendered. If a stay is not granted, trial shall be set upon 21 days' notice to the legal services bureau of the department of revenue. No stay shall be issued if a person's driving privileges are canceled pursuant to K.S.A. 8-250, and amendments thereto.
(b) The clerk of any court to which an appeal has been taken under this section, within 14 days after the final disposition of such appeal, shall forward a notification of the final disposition to the division.
History: L. 1937, ch. 73, § 26; L. 1949, ch. 104, § 31; L. 1959, ch. 49, § 27; L. 1963, ch. 52, § 2; L. 1985, ch. 47, § 1; L. 1986, ch. 318, § 16; L. 1987, ch. 184, § 1; L. 1988, ch. 47, § 10; L. 1989, ch. 38, § 32; L. 1990, ch. 44, § 2; L. 1991, ch. 36, § 12; L. 1993, ch. 259, § 15; L. 1994, ch. 353, § 3; L. 2005, ch. 31, § 3; L. 2010, ch. 135, § 4; L. 2011, ch. 91, § 2; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
8-222 Liability of owner for damages caused by negligence of minors under age of sixteen.
8-234d Motor vehicle drivers' license act; scope and effect of certain sections.
8-235b Findings of department upon receipt of application; issuance of license, when.
8-235c Findings of division; when examination required; exception.
8-236 Persons exempt from license.
8-237 Persons to whom license not issued.
8-239 Instruction permits for persons 17 years of age and older; conditions and requirements.
8-244 Licenses to be carried and delivered upon demand; defense.
8-245 Restrictions on licensees; suspension or revocation; misdemeanor.
8-246 Replacement drivers' licenses.
8-248 Notice of change of address or name.
8-249 Records to be kept by division; rules and regulations.
8-250 Authority of division to cancel license; surrender of license.
8-252a Suspension or revocation of driving privileges of nonresident or unlicensed person.
8-255b Medical advisory board; appointment; procedure; advisory opinions; limiting tort liability.
8-256 Period of suspension or revocation.
8-256a Application of act to certain persons.
8-257 Surrender of license; division authorized to destroy; application.
8-258 No operation under foreign license during suspension or revocation in this state.
8-259 Cancellation, suspension, revocation or denial of license by division; judicial review.
8-261a Making false affidavit perjury.
8-263 Permitting unauthorized minor to drive.
8-264 Permitting unauthorized person to drive.
8-265 Employing persons to operate vehicle; proper class of license required.
8-266 Renting motor vehicle to another; record.
8-268 Penalties for violations.
8-269 Uniformity of interpretation.
8-270 Effect of noncompliance.
8-273 Drivers' training school license act; definitions.
8-274 Same; license to operate.
8-275 Same; qualifications to operate school.
8-276 Drivers' training schools; qualifications for instructor of school.
8-277 Same; issuance of certificate, when; expiration; renewal of licenses.
8-278 Same; rules and regulations by state board.
8-279 Same; cancellation, suspension, revocation or refusal to issue license, when.
8-280 Same; disposition of moneys.
8-281 Same; penalty for violations.
8-282 Same; act inapplicable to certain schools.
8-285 "Habitual violator" defined; other definitions.
8-286 Habitual violator; revocation of driving privileges.
8-287 Habitual violator; penalty.
8-288 Same; restriction of driver's license; exception.
8-291 Violation of restrictions on driver's license or permit; misdemeanor; penalties.
8-292 Court imposition of driving privilege restrictions; duration; procedure; violation; penalty.
8-293 Driver's license; nonissuance of new or replacement license; exception.
8-294 Instruction permit for commercial class motor vehicles or class A or class B motor vehicles.
8-295 Vision standards for drivers' licenses.
8-296 Farm permit; requirements; procedure.
8-297 Continuation of driving privileges for certain drivers' licenses.
8-298 Voluntary surrender of driver's license.
8-299 Photo fee fund; expenditures.
8-2,100 Instruction permits; conditions, restrictions and requirements; under 17 years of age.
8-2,101 Restricted license; conditions, restrictions and requirements.
8-2,125 Uniform commercial driver's license act; citation of act; effective date.
8-2,127 Uniform commercial driver's license act; vehicles exempt from act.
8-2,129 Same; one driver's license restriction.
8-2,131 Same; requirements which must be complied with by employer of commercial driver.
8-2,133 Same; issuance of license; knowledge and skills test; administration of skills test.
8-2,136 Same; prohibiting driving with alcohol in person's system; out-of-service order.
8-2,137 Same; tests for alcohol or drugs; consent implied.
8-2,138 Same; notification of conviction of traffic control to licensing state.
8-2,139 Same; division to provide information to certain persons; fee.
8-2,140 Same; rules and regulations.
8-2,141 Same; exemption from state license.
8-2,144 Driving a commercial motor vehicle under the influence; penalties.
8-2,147 Commercial drivers' licenses; farm custom harvesting operations; age.
8-2,148 Nonresident commercial driver's license; requirements.
8-2,150 Commercial driver's licenses; diversion agreements not allowed.
8-2,152 Commercial driver's licenses; civil penalties.
8-2,153 Commercial driver's licenses; violation of act; penalty.
8-2,154 Commercial driver's license drive test fee fund; use of moneys.
8-2,155 Commercial driver's license drive test fees; disposition and use of moneys.