77-503.
Application and construction; computing period of time.
(a) This act applies only to the extent that other statutes expressly provide that the provisions of this act govern proceedings under those statutes.
(b) This act creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.
(c) In computing any period of time prescribed by this act, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. As used in this act, unless otherwise specified, "day" means calendar day and not business day; therefore, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. As used in this act, "business day" means any day that is not a Saturday, Sunday or legal holiday. "Legal holiday" includes any day designated as a holiday by any statute or regulation of this state. If a state agency is inaccessible on the last day of any period of time prescribed by this act, the time period shall be extended until the next business day on which the agency is open for business.
History:
L. 1984, ch. 313, § 3; L. 2009, ch. 109, § 4; L. 2010, ch. 135, § 224; July 1.
Notes of Decisions
Heiland v. Dunnick, 19 P.3d 103 (Kan. 2001).
“K.S.A. 77-503. Thus, the KAPA is not applicable in the situation before the court.”
Riedmiller v. Harness, 34 P.3d 474 (Kan. Ct. App. 2001).
“K.S.A. 77-503. Reifschneider v. Kansas State Lottery, 270 Kan.”
In Re Tax Appeal of Trickett, 8 P.3d 18 (Kan. Ct. App. 2000).
“S.A. 77-523(b). Further, the Administrative Procedure Act states it “creates only procedural rights and imposes only procedural duties.”
Johnson v. Kansas Dep't of Revenue, 27 P.3d 943 (Kan. Ct. App. 2001).
“The Kansas Administrative Procedure Act (KAPA) does provide a procedure for the reconsideration of agency decisions prior to judicial review. K.S.A. 2000 Supp. 77-529. However, KAPA “applies ‘only to the extent that other statutes expressly provide that the provisions of [the]…”
Kansas Dep't of Transp. v. Humphreys, 967 P.2d 759 (Kan. 1998).
“KDOT’s argument is based on K.S.A. 77-503(b) of KAPA, which provides: “This act creates only procedural rights and imposes only procedural duties.”
Expert Env't Control, Inc. v. Walker, 761 P.2d 320 (Kan. Ct. App. 1988).
“K.S.A. 1987 Supp. 77-503(b). After a hearing is held pursuant to the Act, “[a] final order or initial order pursuant to this section shall be rendered in writing and served within 30 days after conclusion of the hearing or after submission of proposed findings in accordance with…”
— K.S.A. § 77-503(a) — 1 case
— K.S.A. § 77-503(b) — 3 cases
In Re Tax Appeal of Trickett, 8 P.3d 18 (Kan. Ct. App. 2000).
“S.A. 77-523(b). Further, the Administrative Procedure Act states it “creates only procedural rights and imposes only procedural duties.”
Kansas Dep't of Transp. v. Humphreys, 967 P.2d 759 (Kan. 1998).
“KDOT’s argument is based on K.S.A. 77-503(b) of KAPA, which provides: “This act creates only procedural rights and imposes only procedural duties.”
Expert Env't Control, Inc. v. Walker, 761 P.2d 320 (Kan. Ct. App. 1988).
“K.S.A. 1987 Supp. 77-503(b). After a hearing is held pursuant to the Act, “[a] final order or initial order pursuant to this section shall be rendered in writing and served within 30 days after conclusion of the hearing or after submission of proposed findings in accordance with…”
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