Kansas Statutes 77-608. Same; nonfinal agency action
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Terms Used In Kansas Statutes 77-608
- Agency: means a state agency. See Kansas Statutes 77-602
- Agency action: means :
(1) The whole or a part of a rule and regulation or an order;
(2) the failure to issue a rule and regulation or an order; or
(3) an agency's performance of, or failure to perform, any other duty, function or activity, discretionary or otherwise. See Kansas Statutes 77-602
- Person: means an individual, partnership, corporation, association, political subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency. See Kansas Statutes 77-602
A person is entitled to interlocutory review of nonfinal agency action only if:
(a) It appears likely that the person will qualify under Kan. Stat. Ann. § 77-607 for judicial review of the related final agency action; and
(b) postponement of judicial review would result in an inadequate remedy or irreparable harm disproportionate to the public benefit derived from postponement.