Kansas Statutes 77-631. Failure of agency to act in timely manner, interlocutory review of agency’s failure to act
Terms Used In Kansas Statutes 77-631
- Agency: means a state agency. See Kansas Statutes 77-602
- 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.
- Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of one or more specific persons. 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) A person aggrieved by the failure of an agency to act in a timely manner as required by Kan. Stat. Ann. §§ 77-526 or 77-549, and amendments thereto, or as otherwise required by law, is entitled to interlocutory review of the agency’s failure to act.
(b) If an agency, not including the Kansas corporation commission, does not act on a petition for reconsideration within the time prescribed by Kan. Stat. Ann. § 77-529, and amendments thereto, a party may petition for judicial review of the final order at any time within 90 days of service of such final order. If prior to the filing of a petition for judicial review under this subsection, the agency grants the petition for reconsideration, the time for seeking judicial review of an order rendered upon such reconsideration shall be governed by subsection (c) of Kan. Stat. Ann. § 77-613, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas judicial review act.