Kansas Statutes Annotated

K.S.A. § 77-415 (2026)

Citation of act; effect of certain adjudications and orders; guidance documents; exclusions; definitions

✓ current as of May 2026

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77-415. Citation of act; effect of certain adjudications and orders; guidance documents; exclusions; definitions. (a) K.S.A. 77-415 through 77-440 and K.S.A. 2025 Supp. 77-441, and amendments thereto, shall be known and may be cited as the rules and regulations filing act.

(b) (1) Unless otherwise provided by statute or constitutional provision, each rule and regulation issued or adopted by a state agency shall comply with the requirements of the rules and regulations filing act. Except as provided in this section, any standard, requirement or other policy of general application may be given binding legal effect only if it has complied with the requirements of the rules and regulations filing act.

(2) Notwithstanding the provisions of this section:

(A) An agency may bind parties, establish policies, and interpret statutes or regulations by order in an adjudication under the Kansas administrative procedure act or other procedures required by law, except that such policies shall not include the establishment of rules governing future private conduct that have the force of law and such order shall not be used as precedent in any subsequent adjudication against a person who was not a party to the original adjudication unless the order is:

(i) Designated by the agency as precedent;

(ii) not overruled by a court or later adjudication; and

(iii) disseminated to the public in one of the following ways:

(a) Inclusion in a publicly available index, maintained by the agency and published on its website, of all orders designated as precedent;

(b) publication by posting in full on an agency website in a format capable of being searched by key terms; or

(B) Any statement of agency policy may be treated as binding within the agency if such statement of policy is directed to agency personnel relating to the performance of their duties or the internal management of or organization of the agency. No statement of agency policy listed in this subparagraph may be relied on to bind the general public.

(C) An agency may provide forms, the content or substantive requirements of which are prescribed by rule and regulation or statute, except that no such form may give rise to any legal right or duty or be treated as authority for any standard, requirement or policy reflected therein.

(D) An agency may provide guidance or information to the public, describing any agency policy or statutory or regulatory requirement except that no such guidance or information may give rise to any legal right or duty or be treated as authority for any standard, requirement or policy reflected therein.

(E) None of the following shall be subject to the rules and regulations filing act:

(i) Any policy relating to the curriculum of a public educational institution or to the administration, conduct, discipline, or graduation of students from such institution.

(ii) Any parking and traffic regulations of any state educational institution under the control and supervision of the state board of regents.

(iii) Any rule and regulation relating to the emergency or security procedures of a correctional institution, as defined in K.S.A. 75-5202(d), and amendments thereto.

(iv) Any order issued by the secretary of corrections or any warden of a correctional institution under K.S.A. 75-5256, and amendments thereto.

(F) When a statute authorizing an agency to issue rules and regulations or take other action specifies the procedures for doing so, those procedures shall apply instead of the procedures in the rules and regulations filing act.

(c) As used in the rules and regulations filing act, and amendments thereto, unless the context clearly requires otherwise:

(1) "Board" means the state rules and regulations board established under the provisions of K.S.A. 77-423, and amendments thereto.

(2) "Environmental rule and regulation" means:

(A) A rule and regulation adopted by the secretary of agriculture, the secretary of health and environment or the state corporation commission that has as a primary purpose the protection of the environment; or

(B) a rule and regulation adopted by the secretary of wildlife and parks concerning threatened or endangered species of wildlife as defined in K.S.A. 32-958, and amendments thereto.

(3) "Implementation and compliance costs" means direct costs that are readily ascertainable based upon standard business practices, including, but not limited to, fees, the cost to obtain a license or registration, the cost of equipment required to be installed or used, additional operating costs incurred, the cost of monitoring and reporting and any other costs to comply with the requirements of the proposed rule and regulation.

(4) "Person" means an individual, firm, association, organization, partnership, business trust, corporation, company or any other legal or commercial entity.

(5) "Rule and regulation," "rule" and "regulation" means a standard, requirement or other policy of general application that has the force and effect of law, including amendments or revocations thereof, issued or adopted by a state agency to implement or interpret legislation.

(6) "Rulemaking" means the same as defined in K.S.A. 77-602, and amendments thereto.

(7) "Small employer" means any person, firm, corporation, partnership or association that employs not more than 50 employees, the majority of whom are employed within this state.

(8) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches, which is authorized by law to promulgate rules and regulations concerning the administration, enforcement or interpretation of any law of this state.

History: L. 1965, ch. 506, § 1; L. 1977, ch. 321, § 1; L. 1978, ch. 120, § 24; L. 1978, ch. 386, § 1; L. 1980, ch. 303, § 1; L. 1981, ch. 364, § 1; L. 1981, ch. 157, § 3; L. 1981, ch. 365, § 1; L. 1982, ch. 385, § 2; L. 1982, ch. 386, § 1; L. 1982, ch. 142, § 26; L. 1983, ch. 307, § 1; L. 1989, ch. 282, § 1; L. 1991, ch. 276, § 1; L. 1995, ch. 171, § 1; L. 1996, ch. 43, § 4; L. 1997, ch. 160, § 42; L. 2008, ch. 25, § 1; L. 2010, ch. 95, § 1; L. 2011, ch. 14, § 1; L. 2012, ch. 47, § 122; L. 2013, ch. 2, § 1; L. 2023, ch. 7, § 136; L. 2024, ch. 90, § 2; July 1.

Notes of Decisions

Cited in 39 cases (3 in the last 5 years), 1968–2025 · leading case: Am. Trust Administrators, Inc. v. Kansas Ins. Dept., 44 P.3d 1253 (Kan. 2002).

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Am. Trust Administrators, Inc. v. Kansas Ins. Dept., 44 P.3d 1253 (Kan. 2002). · cites it 14× “We hold: (1) The Commissioner has statutoiy authority under K.S.A. 40-2201(b) to require minimum attachment points for stop-loss insurance policies; and (2) the Commissioner’s attempt to reg *695 ulate stop-loss policies is void for failure to comply with K.”

State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984). · cites it 8× “There are no specific guidelines provided by the legislature upon which the executive agencies can rely in their rule making.”

Vinson v. McKune, 960 P.2d 222 (Kan. 1998). · cites it 14× “They also contend that IMPP 11-101 is void for lack of publication under K.S.A. 77-415 et seq. We affirm. IMPP 11-101 is an internal management policy and procedure concerning offender privileges and incentives.”

Gilmore v. McKune, 940 P.2d 78 (Kan. Ct. App. 1997). · cites it 11× “The district court ruled that the policy memorandum which created and defined an “unassigned for cause" status was invalid because the filing and publication requirements under K.S.A. 77-415 et seq. for rules and regulations were not fulfilled.”

Taylor v. Kansas Dep't of Health & Env't, 305 P.3d 729 (Kan. Ct. App. 2013). · cites it 3× “He also contended that the Department should have adopted the no-overtime policy as an administrative regulation, as provided in the Rules and Regulations Filing Act, K.S.A. 77-415 et seq., and the failure to do so rendered it invalid.”

Kathy L. Kaul v. Robert T. Stephan, Attorney Gen., 83 F.3d 1208 (10th Cir. 1996). “The court noted that K.S.A. § 77-415(4) defines a rule or regulation as a “statement of policy .”

Hemphill v. Kansas Dep't of Revenue, 11 P.3d 1165 (Kan. 2000). · cites it 3× “We conclude the manual is neither a K.S.A. 77-415 rule or regulation nor a document which is adopted by reference by a rule or regulation.”

Bruns v. Kansas State Bd. of Technical Professions, 877 P.2d 391 (Kan. 1994). · cites it 3× “of general application and having the effect of law, issued or adopted by a state agency to implement or interpret legislation enforced or administered by such state agency or to govern the organization or procedure of such state agency.”

Bd. of Cnty. Commissioners v. Bremby, 189 P.3d 494 (Kan. 2008). “See generally K.S.A. 77-415 et seq. (setting forth the procedures for administrative rulemaking).”

Matson v. Kansas Dep't of Corr., 346 P.3d 327 (Kan. 2015). · cites it 3× “” K.S.A. 2014 Supp. 77-415(b)(2)(B). But this statute also provides that “[n]o such statement .”

Bd. of Com'rs of Sumner Cnty. v. Bremby, 189 P.3d 494 (Kan. 2008). “See generally K.S.A. 77-415 et seq. (setting forth the procedures for administrative rulemaking).”

Pullen v. West, 92 P.3d 584 (Kan. 2004). “K.S.A. 77-415(4) provides that a “rule” or “regulation” or words of like effect “mean a standard, statement of policy or general order .”

Show all 39 citing cases →

— K.S.A. § 77-415(1) — 1 case

Vinson v. McKune, 960 P.2d 222 (Kan. 1998). “They also contend that IMPP 11-101 is void for lack of publication under K.S.A. 77-415 et seq. We affirm. IMPP 11-101 is an internal management policy and procedure concerning offender privileges and incentives.”

— K.S.A. § 77-415(4) — 14 cases

State Ex Rel. Stephan v. Kansas House of Representatives, 687 P.2d 622 (Kan. 1984). “There are no specific guidelines provided by the legislature upon which the executive agencies can rely in their rule making.”

Kathy L. Kaul v. Robert T. Stephan, Attorney Gen., 83 F.3d 1208 (10th Cir. 1996). “The court noted that K.S.A. § 77-415(4) defines a rule or regulation as a “statement of policy .”

Gilmore v. McKune, 940 P.2d 78 (Kan. Ct. App. 1997). “The district court ruled that the policy memorandum which created and defined an “unassigned for cause" status was invalid because the filing and publication requirements under K.S.A. 77-415 et seq. for rules and regulations were not fulfilled.”

Bruns v. Kansas State Bd. of Technical Professions, 877 P.2d 391 (Kan. 1994). “of general application and having the effect of law, issued or adopted by a state agency to implement or interpret legislation enforced or administered by such state agency or to govern the organization or procedure of such state agency.”

Pullen v. West, 92 P.3d 584 (Kan. 2004). “K.S.A. 77-415(4) provides that a “rule” or “regulation” or words of like effect “mean a standard, statement of policy or general order .”

— K.S.A. § 77-415(4)(a) — 1 case

— K.S.A. § 77-415(b)(1) — 3 cases

Schneider v. The Kansas Sec. Comm'rs (Kan. Ct. App. 2017).

Bd. of Riley Cnty. Comm'rs v. Kansas Historical Soc'y (Kan. Ct. App. 2025).

Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2022).

— K.S.A. § 77-415(b)(2)(A) — 1 case

Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2022).

— K.S.A. § 77-415(b)(2)(A)(i) — 1 case

Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2022).

— K.S.A. § 77-415(b)(2)(B) — 1 case

Matson v. Kansas Dep't of Corr., 346 P.3d 327 (Kan. 2015). “” K.S.A. 2014 Supp. 77-415(b)(2)(B). But this statute also provides that “[n]o such statement .”

— K.S.A. § 77-415(b)(2)(D) — 1 case

Bd. of Riley Cnty. Comm'rs v. Kansas Historical Soc'y (Kan. Ct. App. 2025).

— K.S.A. § 77-415(c)(4) — 3 cases

Taylor v. Kansas Dep't of Health & Env't, 305 P.3d 729 (Kan. Ct. App. 2013). “He also contended that the Department should have adopted the no-overtime policy as an administrative regulation, as provided in the Rules and Regulations Filing Act, K.S.A. 77-415 et seq., and the failure to do so rendered it invalid.”

Matson v. Kansas Dep't of Corr., 346 P.3d 327 (Kan. 2015). “” K.S.A. 2014 Supp. 77-415(b)(2)(B). But this statute also provides that “[n]o such statement .”

Schneider v. The Kansas Sec. Comm'rs (Kan. Ct. App. 2017).

— K.S.A. § 77-415(c)(5) — 1 case

Bd. of Riley Cnty. Comm'rs v. Kansas Historical Soc'y (Kan. Ct. App. 2025).

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