77-425.
Effective date of permanent rules and regulations; effect of filing and publication; effect of revocation.
Every rule and regulation other than a temporary rule and regulation which is filed by a state agency in the office of the secretary of state as provided in this act shall have the force and effect of law on and after the date prescribed in K.S.A. 77-426, and amendments thereto, until amended or revoked as provided by law and such amendment or revocation shall have become effective. Any rule and regulation not filed and published as required by this act shall be of no force or effect, except that any error or irregularity in form or any clerical error or omission of the secretary of state in the filing of such regulation not affecting substantial rights shall not invalidate the same. The filing and publication of rules and regulations as required by this act shall not be construed as dispensing with the requirements of any other law necessary to make the rules and regulations effective. The revocation of a rule and regulation by a state agency shall not be construed as reviving a rule and regulation previously revoked by such agency, nor shall such revocation by a state agency be construed as affecting any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced, under or by virtue of the rule and regulation revoked.
History:
L. 1965, ch. 506, § 11; L. 1974, ch. 421, § 2; L. 1976, ch. 415, § 5; L. 1977, ch. 321, § 11; L. 1985, ch. 307, § 3; L. 1988, ch. 366, § 38; June 1.
Notes of Decisions
Cited in
43
cases (
6 in the last 5 years), 1979–2025 · leading case:
State v. Ernesti, 239 P.3d 40 (Kan. 2010).
State v. Ernesti, 239 P.3d 40 (Kan. 2010).
· cites it 11× “On the State’s appeal from the suppression order, we reverse and conclude the January certification remained valid because K.S.A. 77-425, a savings statute, preserves rights and remedies vesting under a revoked rule or regulation and because the new regulations do not have…”
Kathy L. Kaul v. Robert T. Stephan, Attorney Gen., 83 F.3d 1208 (10th Cir. 1996).
· cites it 3× “First, Kaul states that at the time she applied for a license to sell cigarettes, the state Department of Revenue had a policy of not collecting sales taxes from products sold on Indian reservations.”
In Re Tax Appeal of Chief Indus., Inc., 875 P.2d 278 (Kan. 1994).
· cites it 4× “79-3271(a) contemplates the `transactional' and `functional' tests in its first and second clauses, respectively.”
Varney Bus. Servs., Inc. v. Pottroff, 59 P.3d 1003 (Kan. 2002).
“, which provides in part: “A certified public accountant shall not pay a commission or offer any item of value to a third party to obtain a client.”
Clark v. Ivy, 727 P.2d 493 (Kan. 1986).
· cites it 3× “” K.S.A. 1985 Supp. 77-425 provides, in pertinent part: “Any rule and regulation not filed and published as required by this act shall be of no force or effect, except that any error or irregularity in form or any clerical error or omission of the revisor of statutes in the…”
Vill. Villa v. Kansas Health Policy Auth., 291 P.3d 1056 (Kan. 2013).
“K.S.A. 77-425. Regulations K.A.R. 30-10-la defines words and terms used in Article 10 (Adult Care Home Program) of the Kansas Administrative Regulations.”
Vinson v. McKune, 960 P.2d 222 (Kan. 1998).
· cites it 2× “Because IMPP 11-101 was not published, petitioners argue that it was invalid pursuant to K.S.A. 77-425, which states that any regulation not published as required shall be of no force or effect.”
State Ex Rel. Stephan v. Finney, 836 P.2d 1169 (Kan. 1992).
“K.S.A. 77-425 provides: “Every rule and regulation other than a temporary rule and regulation which is filed by a state agency in the office of the secretary of state as provided in this act shall have the force and effect of law on and after the date prescribed in K.”
Stansbury v. Hannigan, 960 P.2d 227 (Kan. 1998).
“See K.S.A. 77-425. This statute provides in part: “Every rule and regulation other than a temporary rule and regulation which is filed by the state agency in the office of the secretary of state as provided in this act shall have the force and effect of law on and after the date…”
Tonge v. Werholtz, 109 P.3d 1140 (Kan. 2005).
“See K.S.A. 77-425. Administrative regulations such as the one in issue adopted by the DOC must be within the agency’s statutory authority, as it acts as a political subdivision exercising delegated legislative power.”
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