Printable Format77-529. 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.
Law Review and Bar Journal References:
"Appellate Court Jurisdiction: An Update," Debra S. Byrd, 58 J.K.B.A. No. 1, 21, 23 (1989).
"Loss of Water Rights for Non-Use," John C. Peck and Constance Crittenden Owen, 43 K.L.R. 801, 804 (1995).
"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 25, 33 (1995).
"A Species Unto Themselves: Professional Disciplinary Actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).
CASE ANNOTATIONS
1. Board of tax appeals may not allow longer time to file petition for reconsideration. In re Tax Appeal of Cessna Aircraft Co., 16 Kan. App. 2d 229, 230, 231, 232, 233, 821 P.2d 328 (1991).
2. Construction and application of time allowed for filing petition with KCCR. United Steelworkers of America v. Kansas Comm'n on Civil Rights, 17 Kan. App. 2d 863, 864, 845 P.2d 89 (1993).
3. Petition for reconsideration a prerequisite for seeking judicial review of decision of Kansas human resources commission (K.S.A. 44-1010). United Steelworkers of America v. Kansas Comm'n on Civil Rights, 253 Kan. 327, 330, 855 P.2d 905 (1993).
4. Whether section's procedural requirements must be strictly complied with to preserve party's right to proceed examined. Sunflower Racing, Inc. v. Board of Wyandotte County Comm'rs, 256 Kan. 426, 434, 885 P.2d 1233 (1994).
5. Whether motion to reconsider order of Kansas civil service board is permissive tolling limitations period for judicial review examined. State Bank Commissioner v. Emery, 19 Kan. App. 2d 1063, 1064, 1068, 880 P.2d 783 (1994).
6. Unique circumstances doctrine excused party's untimely petition for reconsideration of workers compensation board ruling for appellate jurisdiction purposes. In re Tax Appeal of Sumner County, 261 Kan. 307, 308, 311, 930 P.2d 1385 (1997).
7. Supplemental issues in appellants' petition for reconsideration, with one exception, raised with sufficient specificity to meet statutory requirements. Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 24 Kan. App. 2d 222, 227, 943 P.2d 494 (1997).
8. Mentioned; discussion of difference in "final agency action" and "final agency order." Cimarex Energy Co. v. Board of Seward County Commissioners, 38 Kan. App. 2d 298, 302, 303, 164 P.3d 833 (2007).
9. Corporation commission's order upheld in levying penalty against excavator under Kansas underground utility act. Double M Constr. v. Kansas Corporation Comm'n, 288 Kan. 268, 202 P.3d 7 (2009).