Kansas Statutes 66-118a. Review proceedings; court of jurisdiction; parties; transfer to proper court
Terms Used In Kansas Statutes 66-118a
- Commission: means the state corporation commission. See Kansas Statutes 66-101a
- Common carrier: means any common carrier, as defined in Kan. See Kansas Statutes 66-1,215
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party: means any person, firm, corporation, association, municipality, taxpayer, municipal organization, mercantile, agricultural or manufacturing organization or system, public utility or common carrier interested in any matter pending before the state corporation commission or in proceedings for review of an order or decision of the commission. See Kansas Statutes 66-118a
- Person: means any individual, partnership, corporation or other association of persons. See Kansas Statutes 66-1,158
- Public utility: means a public utility as defined by Kan. See Kansas Statutes 66-118a
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) As used in this act:
(1) “Party” means any person, firm, corporation, association, municipality, taxpayer, municipal organization, mercantile, agricultural or manufacturing organization or system, public utility or common carrier interested in any matter pending before the state corporation commission or in proceedings for review of an order or decision of the commission.
(2) “Public utility” means a public utility as defined by Kan. Stat. Ann. §§ 66-104 and amendments thereto.
(b) The court of appeals shall have exclusive jurisdiction to review any agency action of the state corporation commission arising from a rate hearing requested by a public utility or requested by the state corporation commission when a public utility is a necessary party. Proceedings for review of other agency actions of the state corporation commission shall be in accordance with Kan. Stat. Ann. §§ 77-609 and amendments thereto.
(c) In proceedings for review of an agency action of the commission, the state corporation commission and any public utility which participated in the agency proceeding and could be bound by the review shall be parties to the proceedings and shall have all rights and privileges granted by this act to any other party to such proceedings.
(d) A proceeding for review timely filed shall not be dismissed but shall be transferred to the proper court if it is determined to have been improperly filed (A) in the court of appeals for an action not arising from a rate hearing or (B) in the district court in accordance with Kan. Stat. Ann. §§ 77-609 and amendments thereto for an action arising from a rate hearing.