Kansas Statutes Annotated

K.S.A. § 77-551 (2026)

Hearing of state agencies; presiding officer

✓ current as of May 2026

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77-551. Hearing of state agencies; presiding officer. (a) Except as provided in subsection (b), in all hearings of any state agency that are required to be conducted in accordance with the provisions of the Kansas administrative procedure act, the presiding officer shall be the agency head, one or more members of the agency head or a presiding officer assigned by the office of administrative hearings.

(b) The provisions of this section shall not apply to the employment security law, pursuant to K.S.A. 44-701 et seq., and amendments thereto or article 5 of chapter 44 and amendments thereto, except K.S.A. 44-532 and 44-5,120, and amendments thereto, concerning the workers compensation act.

(c) Notwithstanding subsection (a) the agency head or one or more members of the agency head who will serve as a presiding officer may designate any other person to serve as a presiding officer to determine procedural matters that may arise prior to the hearing on the merits, including but not limited to conducting prehearing conferences pursuant to K.S.A. 77-516 and 77-517, and amendments thereto.

History: L. 1997, ch. 182, § 90; L. 2004, ch. 145, § 42; L. 2009, ch. 109, § 22; July 1.

Notes of Decisions

Cited in 3 cases, 2004–2020 · leading case: In Re Doe, 90 P.3d 940 (Kan. 2004).

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In Re Doe, 90 P.3d 940 (Kan. 2004). “77-514(a) provides that the agency head, one or more members of the agency head, an administrative law judge assigned by the office of administrative hearings, or, unless prohibited by K.S.A. 77-551, one or more persons designated by the agency head may be the presiding officer.”

Doe v. Kansas Dep't of Human Resources, 90 P.3d 940 (Kan. 2004). “77-514(a) provides that the agency head, one or more members of the agency head, an administrative law judge assigned by the office of administrative hearings, or, unless prohibited by K.S.A. 77-551, one or more persons designated by the agency head may be the presiding officer.”

Minges v. Kansas Behavioral Sciences Regulatory Bd. (Kan. Ct. App. 2020). “77-514(a) (presiding officer may be agency head, one or more members of agency head, an administrative law judge assigned by office of administrative hearings, or, unless prohibited by K.S.A. 77-551, one or more persons designated by agency head).”

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