K.S.A. § 41-323

Same; judicial review of secretary's decision

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41-323. Same; judicial review of secretary's decision. Any action of the secretary pursuant to K.S.A. 41-321, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. At the time of the filing of the petition for review, the petitioner shall give a bond for costs conditioned on the petitioner's prosecuting the appeal without delay and paying all costs assessed against the petitioner. If review of the decision of the district court is sought pursuant to K.S.A. 77-623, and amendments thereto, the director shall not be required to give a bond on such review.

History: L. 1949, ch. 242, § 39; L. 1986, ch. 318, § 47; L. 1987, ch. 182, § 31; L. 2010, ch. 17, § 69; July 1.

Notes of Decisions
Cited in 4 cases, 1982–2008 · leading case: Pieren-Abbott v. Kansas Department of Revenue
Pieren-Abbott v. Kansas Department of Revenue (2005) kan “See K.S.A. 41-323 and [K.S.A.] 65-1628. K.S.A.”
In Re the Revocation of Driving Privileges of Gantz (1985) kanctapp · cites it 2× “60-2101(d) does not require service of process; K.S.A. 41-323 and 65-1628 require service of process; K.”
Blomgren v. Kansas Department of Revenue (2008) kanctapp · cites it 2× “K.S.A. 41-323. The KJRA provides that a person is entitled to file a petition for judicial review of any “final agency action” as long as that person meets the requirements under the KJRA for standing, exhaustion of administrative remedies, and time limitations for filing a…”
Cray v. Kennedy (1982) kan “K.S.A. 41-323, covering appeals to the district court from decisions of the ABC Board of Review, provides that an appeal shall be heard as an equity proceeding, and that the final decision made in the appeal shall be entered as a judgment as in other civil cases against the…”
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