Kansas Statutes Annotated

K.S.A. § 77-529 (2026)

Reconsideration

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

77-529. Reconsideration. (a) (1) Except as otherwise provided by paragraph (2), any party, within 15 days after service of a final order, may file a petition for reconsideration with the agency head, stating the specific grounds upon which relief is requested. The filing of the petition is not a prerequisite for seeking administrative or judicial review except as provided in K.S.A. 44-1010 and 44-1115, and amendments thereto, concerning orders of the Kansas human rights commission, K.S.A. 55-606 and 66-118b, and amendments thereto, concerning orders of the corporation commission.

(2) Any party applying for an exemption under: (A) Section 13, of article 11 of the constitution of the state of Kansas, or (B) K.S.A. 79-201a Second, and amendments thereto, for property constructed or purchased, in whole or in part, with the proceeds of revenue bonds under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto, may file a petition for reconsideration with the state board of tax appeals within 30 days after service of a final order.

(b) Within 20 days after the filing of the petition, the agency head shall render a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further proceedings. An order on reconsideration altering a prior order shall be in writing and shall include findings of fact, conclusions of law and policy reasons for the decision. In proceedings before the state corporation commission, the petition is deemed to have been denied if the agency head does not dispose of it within 30 days after the filing of the petition.

An order under this section shall be served on the parties in the manner prescribed by K.S.A. 77-531, and amendments thereto.

(c) If there are multiple parties to an agency adjudication and one party files a petition for judicial review, the agency retains jurisdiction to act on a timely petition for reconsideration filed by another party.

(d) Any order rendered upon reconsideration or any order denying a petition for reconsideration shall state the agency officer to receive service of a petition for judicial review on behalf of the agency.

(e) For the purposes of this section, "agency head" shall include a presiding officer designated in accordance with subsection (g) of K.S.A. 77-514, and amendments thereto.

History: L. 1984, ch. 313, § 29; L. 1988, ch. 356, § 15; L. 1991, ch. 148, § 11; L. 1995, ch. 175, § 7; L. 1997, ch. 132, § 4; L. 1998, ch. 146, § 4; L. 2008, ch. 109, § 72; L. 2009, ch. 109, § 15; L. 2014, ch. 141, § 8; July 1.

Notes of Decisions

Cited in 38 cases (1 in the last 5 years), 1993–2024 · leading case: In Re the Appeal of Sumner Cnty., 930 P.2d 1385 (Kan. 1997).

Sort: Relevance Newest Treatment

In Re the Appeal of Sumner Cnty., 930 P.2d 1385 (Kan. 1997). · cites it 16× “74-2426(b) states: "No final order of the [BOTA] shall be subject to review pursuant to subsection (c) unless the aggrieved party files a petition for reconsideration of that order with the board in accordance with the provisions of K.”

United Steelworkers of Am. v. KAN COMM'N ON CIVIL RIGHTS, 855 P.2d 905 (Kan. 1993). · cites it 6× “44-1010 provides: “Any party being dissatisfied with any order or decision of the commission may petition for reconsideration in accordance with the provisions of K.S.A. 77-529 and amendments thereto. No cause of action arising out of any order or decision of the commission…”

Norris v. Kansas Emp. Sec. Bd. of Review, 321 P.3d 28 (Kan. Ct. App. 2014). · cites it 6× “See K.S.A. 2013 Supp. 77-529. But the KAPA “applies only to the extent that other statutes expressly provide that the provisions of this act govern proceedings' under those statutes-.”

Sunflower Racing, Inc. v. Bd. of Cnty. Commissioners, 885 P.2d 1233 (Kan. 1994). · cites it 3× “The county asserts that even though Sunflowers petition for reconsideration was filed within the 15 days required by statute, the matter was not properly disposed of by the agency head by written order stating the facts and law involved as required by K.S.A. 1993 Supp. 77-529.…”

Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009). “66-118b and K.S.A. 77-529(a)(l), which the Corporation Commission denied.”

Parsells v. Manhattan Radiology Grp., L.L.P., 255 F. Supp. 2d 1217 (D. Kan. 2003). · cites it 6× “§ 44-1010, which states: Any party being dissatisfied with any order or decision of the commission may petition for reconsideration in accordance with the provisions of KS.A. § 77-529 and amendments thereto. No cause of action arising out of any order or decision of the…”

In Re Application of Strother Field Airport, 263 P.3d 182 (Kan. Ct. App. 2011). · cites it 4× “74-2426(b) provides that the filing of a petition for reconsideration, in accordance with the provisions of K.S.A. 2010 Supp. 77-529, is a prerequisite to seeking judicial review of a decision by COTA.”

Golden Rule Ins. Co. v. Tomlinson, 335 P.3d 1178 (Kan. 2014). ““On September 28, 2009, Golden Rule filed a petition for reconsideration pursuant to K.S.A. 77-529(a)(l). Golden Rule argued there was insufficient evidence to establish any unfair claim settlement practice.”

W. Resources, Inc. v. Kansas Corp. Comm'n, 42 P.3d 162 (Kan. Ct. App. 2002). · cites it 2× “A review of the record on appeal strongly suggests this issue has not been preserved for appeal.”

Cimarex Energy Co. v. Seward Cnty. Bd. of Cnty. Commissioners, 164 P.3d 833 (Kan. Ct. App. 2007). · cites it 6× “Petition for Reconsideration The County suggests that under K.S.A. 2006 Supp. 77-529, a petition for reconsideration must be filed as a jurisdictional pre *303 requisite to invoking judicial review on all orders of BOTA.”

Sandlin v. Roche Labs., Inc., 991 P.2d 883 (Kan. 1999). · cites it 2× “Either of the above initial orders shall be reviewed by the KHRC, and a copy of the final order shall be served on the parties. K.S.A. 44-1005(n). Any party dissatisfied with any order or decision of the KHRC “may petition for reconsideration in accordance with the provisions of…”

CITIZENS'Util. RATEPAYER BD. v. Kansas Corp. Comm'n, 943 P.2d 494 (Kan. Ct. App. 1997). · cites it 5× “66-118b and K.S.A. 1996 Supp. 77-529(a). K.S.A. 1996 Supp.”

Show all 38 citing cases →

— K.S.A. § 77-529(a) — 15 cases

In Re the Appeal of Sumner Cnty., 930 P.2d 1385 (Kan. 1997). “74-2426(b) states: "No final order of the [BOTA] shall be subject to review pursuant to subsection (c) unless the aggrieved party files a petition for reconsideration of that order with the board in accordance with the provisions of K.”

In Re Application of Strother Field Airport, 263 P.3d 182 (Kan. Ct. App. 2011). “74-2426(b) provides that the filing of a petition for reconsideration, in accordance with the provisions of K.S.A. 2010 Supp. 77-529, is a prerequisite to seeking judicial review of a decision by COTA.”

CITIZENS'Util. RATEPAYER BD. v. Kansas Corp. Comm'n, 943 P.2d 494 (Kan. Ct. App. 1997). “66-118b and K.S.A. 1996 Supp. 77-529(a). K.S.A. 1996 Supp.”

Cimarex Energy Co. v. Seward Cnty. Bd. of Cnty. Commissioners, 164 P.3d 833 (Kan. Ct. App. 2007). “Petition for Reconsideration The County suggests that under K.S.A. 2006 Supp. 77-529, a petition for reconsideration must be filed as a jurisdictional pre *303 requisite to invoking judicial review on all orders of BOTA.”

Sunflower Racing, Inc. v. Bd. of Cnty. Commissioners, 885 P.2d 1233 (Kan. 1994). “The county asserts that even though Sunflowers petition for reconsideration was filed within the 15 days required by statute, the matter was not properly disposed of by the agency head by written order stating the facts and law involved as required by K.S.A. 1993 Supp. 77-529.…”

— K.S.A. § 77-529(a)(1) — 5 cases

Miller v. State Dep't of Soc. & Rehab. Servs., 64 P.3d 395 (Kan. 2003).

Norris v. Kansas Emp. Sec. Bd. of Review, 321 P.3d 28 (Kan. Ct. App. 2014). “See K.S.A. 2013 Supp. 77-529. But the KAPA “applies only to the extent that other statutes expressly provide that the provisions of this act govern proceedings' under those statutes-.”

In re Equalization Appeal of Target Corp. (Kan. 2020).

Cunningham v. Andersen (Kan. Ct. App. 2020).

Sprint Commc'ns v. Corp. Com'n, 249 P.3d 1210 (2011).

— K.S.A. § 77-529(a)(l) — 6 cases

Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009). “66-118b and K.S.A. 77-529(a)(l), which the Corporation Commission denied.”

Home Tel. Co. v. Kansas Corp. Comm'n, 76 P.3d 1071 (Kan. Ct. App. 2003).

Golden Rule Ins. v. Tomlinson Ex Rel. Comm'r of Ins., 277 P.3d 421 (Kan. Ct. App. 2012).

Twin Valley Developmental Servs., Inc. v. Kansas Dep't of Soc. & Rehab. Servs., 146 P.3d 234 (Kan. Ct. App. 2006).

— K.S.A. § 77-529(b) — 6 cases

United Steelworkers of Am. v. KAN COMM'N ON CIVIL RIGHTS, 855 P.2d 905 (Kan. 1993). “44-1010 provides: “Any party being dissatisfied with any order or decision of the commission may petition for reconsideration in accordance with the provisions of K.S.A. 77-529 and amendments thereto. No cause of action arising out of any order or decision of the commission…”

Kansas Pipeline P'ship v. Kansas Corp. Comm'n, 941 P.2d 390 (Kan. Ct. App. 1997).

Excel Corp. v. Kansas Human Rights Comm'n, 864 P.2d 220 (Kan. Ct. App. 1993).

— K.S.A. § 77-529(d) — 1 case

Sprint Commc'ns v. Corp. Com'n, 249 P.3d 1210 (2011).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.