Kansas Statutes Annotated

K.S.A. § 75-2929d (2026)

State civil service board; hearing of appeals; witnesses; production of papers

✓ current as of May 2026

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75-2929d. State civil service board; hearing of appeals; witnesses; production of papers. (a) The state civil service board shall hear appeals taken to it pursuant to: (1) K.S.A. 75-2940, 75-2949 and 75-3747, and amendments thereto, concerning demotion, dismissal or suspension of a permanent employee in the classified service, or concerning refusal to examine an applicant or to certify a person as eligible for a job class, and (2) K.S.A. 75-2973, and amendments thereto, concerning disciplinary action in violation of that statute.

(b) When an appeal is taken to the board, the board shall establish a time and a place for the hearing which shall be held within 45 days after receipt of request for the appeal. The board shall notify the person bringing the appeal and the appointing authority or other person whose action is being reviewed of the time and the place of the hearing at least 14 days prior to such hearing. Each party at the hearing shall have the right to be represented by a person of the party's own choice. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act. For purposes of the administrative procedure act, the state civil service board shall be deemed the agency head. The board may affirm, modify or reverse an agency action and order any other action it deems appropriate.

(c) The board, or the director of personnel services when authorized by majority vote of the board, may depose witnesses. Either party to a hearing may depose witnesses in accordance with the Kansas administrative procedure act. If books and papers are required to be produced in advance of a hearing date, the person or agency producing the books and papers shall be entitled to receive reasonable compensation to recover all costs of such production from the person or agency for which they are produced. The board, any presiding officer or the director may examine such public records as may be required in relation to any matter which the board has authority to investigate.

(d) Each person not in the classified or unclassified service who appears before the board or the director by order shall receive for such person's attendance the fees and mileage provided for witnesses in civil actions in the district court. Such fees and mileage shall be audited and paid by the state upon presentation of proper vouchers. Each witness subpoenaed at the request of parties other than the board or the director shall be entitled to compensation from the state for attendance or travel only if the board certifies that the testimony of such witness was relevant and material to the matter investigated or, if such witness is not called to testify, the board determines and certifies that such compensation should be paid.

History: L. 1978, ch. 332, § 21; L. 1981, ch. 334, § 1; L. 1985, ch. 276, § 1; L. 1988, ch. 356, § 300; L. 1989, ch. 283, § 20; L. 2000, ch. 152, § 26; July 1.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1989–2022 · leading case: Hill v. State, 448 P.3d 457 (Kan. 2019).

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Hill v. State, 448 P.3d 457 (Kan. 2019). · cites it 5× “The Civil Service Board's jurisdiction under the Civil Service Act, K.S.A. 2018 Supp. 75-2929d(a), does not extend to retaliatory job actions in work assignments, relocations, or transfers.”

Hill v. State, 388 P.3d 122 (Kan. Ct. App. 2016). · cites it 4× “) K.S.A. 75-2929d(a). K.S.A. 75-2949 governs the procedures concerning the dismissal, demotion, or suspension of public employees.”

Morales v. Kansas State Univ., 727 F. Supp. 1389 (D. Kan. 1989). · cites it 4× “S.A. 75-2949(f). At the hearing before the Board, the employee and the employer may be represented by counsel, may cross-examine each other, may present witnesses, and may testify on their own behalf.”

Kansas State Dep't of Soc. & Rehab. Servs. v. Goertzen, 783 P.2d 1300 (Kan. 1989). “75-2929 (Weeks 1969) (now K.S.A. 1988 Supp. 75-2929d) as enacted in 1941, the Kansas Civil Service Board was required to hear appeals regarding complaints by or against any employee concerning a demotion.”

Kansas Dep't of Transp. v. Humphreys, 967 P.2d 759 (Kan. 1998). · cites it 2× “Board’s authority to modify agency decisions Humphreys contends that pursuant to K.S.A. 75-2929d(b), the Board’s power to modify agency actions is provided by KAPA.”

Brown v. Youth Ctr. at Topeka, 883 F. Supp. 572 (D. Kan. 1995). “75-2949 K.S.A. 75-2929d(b) (providing that "[h]earings shall be conducted in accordance with the provisions of the Kansas administrative procedure act”); K.”

State Bank Comm'r v. Emery, 880 P.2d 783 (Kan. Ct. App. 1994). “75-2949(f); K.S.A. 75-2929d(b). Appeals from decisions of the Board are governed by the KJRA.”

Prince v. Kansas Dept. of Labor (Kan. Ct. App. 2022). “Nevertheless, the Board rejected Prince's requests to present evidence after the district court subsequently remanded the issue of his reinstatement for the Board's reconsideration by the district court.”

Everett v. Topeka Corr. Facility, 828 P.2d 949 (Kan. Ct. App. 1992). “77-602(a), the term “agency” as used in the Act refers to a state agency. A state agency includes any board “of this state which is authorized by law to administer, enforce or interpret any law of this state.”

— K.S.A. § 75-2929d(a) — 2 cases

Hill v. State, 448 P.3d 457 (Kan. 2019). “The Civil Service Board's jurisdiction under the Civil Service Act, K.S.A. 2018 Supp. 75-2929d(a), does not extend to retaliatory job actions in work assignments, relocations, or transfers.”

Hill v. State, 388 P.3d 122 (Kan. Ct. App. 2016). “) K.S.A. 75-2929d(a). K.S.A. 75-2949 governs the procedures concerning the dismissal, demotion, or suspension of public employees.”

— K.S.A. § 75-2929d(a)(1) — 1 case

— K.S.A. § 75-2929d(a)(l) — 1 case

Hill v. State, 388 P.3d 122 (Kan. Ct. App. 2016). “) K.S.A. 75-2929d(a). K.S.A. 75-2949 governs the procedures concerning the dismissal, demotion, or suspension of public employees.”

— K.S.A. § 75-2929d(b) — 5 cases

Morales v. Kansas State Univ., 727 F. Supp. 1389 (D. Kan. 1989). “S.A. 75-2949(f). At the hearing before the Board, the employee and the employer may be represented by counsel, may cross-examine each other, may present witnesses, and may testify on their own behalf.”

Kansas Dep't of Transp. v. Humphreys, 967 P.2d 759 (Kan. 1998). “Board’s authority to modify agency decisions Humphreys contends that pursuant to K.S.A. 75-2929d(b), the Board’s power to modify agency actions is provided by KAPA.”

State Bank Comm'r v. Emery, 880 P.2d 783 (Kan. Ct. App. 1994). “75-2949(f); K.S.A. 75-2929d(b). Appeals from decisions of the Board are governed by the KJRA.”

— K.S.A. § 75-2929d(c) — 1 case

— K.S.A. § 75-2929d(f) — 1 case

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