Law Review and Bar Journal References:

"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 23 (1995).

"A Species Unto Themselves: Professional Disciplinary Actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).

Attorney General's Opinions:

Audit records held by the department of revenue; limits on dissemination and use. 95-6.

Professional license or registration disciplinary proceedings; definitions; burden of proof. 95-54.

CASE ANNOTATIONS

1. Act creates only procedural rights and imposes only procedural duties. Expert Environmental Control, Inc. v. Walker, 13 Kan. App. 2d 56, 57, 761 P.2d 320 (1988).

2. Provisions of act not applicable to decisions and actions of Kansas racing commission regarding issuance of licenses (K.S.A. 74-8801 et seq.). Kansas Racing Management, Inc. v. Kansas Racing Comm'n, 244 Kan. 343, 347, 364, 770 P.2d 423 (1989).

3. Authority of Board of Healing Arts to regulate the practice of medicine, review of board's decisions examined. Vakas v. Kansas Bd. of Healing Arts, 248 Kan. 589, 590, 808 P.2d 1355 (1991).

4. Where action duly revived (K.S.A. 60-225), appellate decision, if any, noted as final judgment perfecting demand against estate (K.S.A. 59-2238). In re Estate of Rains, 249 Kan. 178, 183, 815 P.2d 61 (1991).

5. Act for judicial review of agency actions (K.S.A. 77-601 et seq.) noted as exclusive means of review unless agency specifically exempted. Kansas Sunset Assocs. v. Kansas Dept. of Health & Environment, 16 Kan. App. 2d 1, 2, 818 P.2d 797 (1991).

6. Noted in opinion holding current statutes (K.S.A. 22-3428 et seq.) regarding continued commitment of insanity acquittee unconstitutional; court engrafts new requirements. In re Application of Noel for Discharge Hearing, 17 Kan. App. 2d 303, 314, 838 P.2d 336 (1992).

7. Petition for reconsideration a prerequisite for seeking judicial review (K.S.A. 77-529) 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).

8. Cited in review of Kansas water authority's water transfer order on statutory, jurisdictional and administrative procedure grounds. Water District No. 1 v. Kansas Water Authority, 19 Kan. App. 2d 236, 241, 866 P.2d 1076 (1994).

9. Whether defendants misused emergency proceedings provisions of KAPA in administrative license suspension action examined. Lindenman v. Umscheid, 255 Kan. 610, 613, 875 P.2d 964 (1994).

10. Whether the denial of hearing on emergency suspension until doctor submitted to mental evaluation violated due process examined. Corder v. Kansas Board of Healing Arts, 256 Kan. 638, 647, 889 P.2d 1127 (1994).

11. Whether court erred by quashing most of subpoena duces tecum as unreasonable and oppressive examined. In re Tax Appeal of Collingwood Grain, Inc., 257 Kan. 237, 254, 891 P.2d 422 (1995).

12. Notice requirements of K.S.A. 77-613(e) require strict compliance; KJRA has no provision for substantial compliance. Reifschneider v. Kansas State Lottery, 266 Kan. 338, 340, 969 P.2d 875 (1998).

13. Kansas Lottery Act not subject to provisions of Kansas Administrative Procedure Act. Reifschneider v. Kansas State Lottery, 270 Kan. 560, 17 P.3d 907 (2001).

14. In administrative proceedings, no error in admitting hearsay statement of former spouse of respondent. Winston v. Kansas Dept. of SRS, 274 Kan. 396, 49 P.3d 1274 (2002).

15. Cited in discussion of standing; persons commenting during public hearing by agency meet KJRA standing requirements. Board of Sumner County Comm'rs v. Bremby, 286 Kan. 745, 749, 189 P.3d 494 (2008).

16. Cited; appeal to secretary of revenue essential to exhaustion of administrative remedies. Blomgren v. Kansas Dept. of Revenue, 40 Kan. App. 2d 208, 211, 191 P.3d 320 (2008).

17. Court discusses and applies principles regarding independent contractor versus employee status involving cab drivers. Hill v. Kansas Dept. of Labor, 42 Kan. App. 2d 215, 210 P.3d 647 (2009).

18. Breach of contract claims against state agency must be brought under Kansas act for judicial review and civil enforcement of agency actions. 10 th Street Medical v. State, 42 Kan. App. 2d 249, 210 P.3d 670 (2009).