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Kansas Statutes Chapter 77. Statutes; Administrative Rules and Regulations and Procedure § 77-617. Limitations on new issues

Current as of January 01, 2025 | Updated by Findlaw Staff

A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:

(a) The agency did not have jurisdiction to grant an adequate remedy based on a determination of the issue;

(b) the agency action subject to judicial review is a rule and regulation and the person has not been a party in adjudicative proceedings which provided an adequate opportunity to raise the issue;

(c) the agency action subject to judicial review is an order and the person was not notified of the adjudicative proceeding; or

(d) the interests of justice would be served by judicial resolution of an issue arising from:

(1) A change in controlling law occurring after the agency action; or

(2) agency action occurring or first reasonably knowable to the person after the person exhausted the last feasible opportunity for seeking relief from the agency.

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Cite this article: FindLaw.com - Kansas Statutes Chapter 77. Statutes; Administrative Rules and Regulations and Procedure § 77-617. Limitations on new issues - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-77-statutes-administrative-rules-and-regulations-and-procedure/ks-st-sect-77-617/

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