Kansas Statutes Annotated

K.S.A. § 77-616 (2026)

Stay and other temporary remedies

✓ current as of May 2026

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77-616. Stay and other temporary remedies. (a) Unless precluded by law, the agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review.

(b) A party may file a motion in the reviewing court, during the pendency of judicial review, seeking interlocutory review of the agency's action on an application for stay or other temporary remedies.

(c) If the agency has found that its action on an application for stay or other temporary remedies is justified to protect against a substantial threat to the public health, safety or welfare, the court may not grant relief unless it finds that:

(1) The applicant is likely to prevail when the court finally disposes of the matter;

(2) without relief the applicant will suffer irreparable injury;

(3) the grant of relief to the applicant will not substantially harm other parties to the proceedings; and

(4) the threat to the public health, safety or welfare relied on by the agency is not sufficiently serious to justify the agency's action in the circumstances.

(d) If subsection (c) does not apply, the court shall grant relief if it finds, in its independent judgment, that the agency's action on the application for stay or other temporary remedies was unreasonable in the circumstances.

(e) If the court determines that relief should be granted from the agency's action on an application for stay or other temporary remedies, the court may remand the matter to the agency with directions to deny a stay, to grant a stay on appropriate terms or to grant other temporary remedies, or the court may issue an order denying a stay, granting a stay on appropriate terms or granting other temporary remedies. As used in this subsection, "appropriate terms" may include requirement of a bond.

(f) Except as otherwise authorized by rule of the supreme court, the court shall not issue any ex parte order pursuant to this section.

(g) This section shall not apply to proceedings under K.S.A. 66-118g through 66-118k, and amendments thereto.

History: L. 1984, ch. 338, § 16; July 1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1986–2021 · leading case: Nuessen v. Sutherlands, 352 P.3d 587 (Kan. Ct. App. 2015).

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Nuessen v. Sutherlands, 352 P.3d 587 (Kan. Ct. App. 2015). · cites it 8× “In tire alternative, they argue that Sutherlands failed to obtain a stay pursuant to K.S.A. 77-616 to stop the payment of those benefits pending an appeal to this court.”

Activator Supply Co. v. Wurth, 722 P.2d 1081 (Kan. 1986). · cites it 2× “The district court, in its order denying the commissioner’s motion to set aside the temporary restraining order, held that, as a court of equity, it had jurisdiction to issue a temporary restraining order or temporary injunction and stated in its memorandum opinion as follows:…”

Buchanan v. Kansas Dep't of Revenue, 788 P.2d 285 (Kan. Ct. App. 1989). “K.S.A. 77-616(f) of the Act clearly states: “Except as otherwise authorized by rule of the supreme court, the court shall not issue any ex parte order pursuant to this section.”

Guzzo v. Heartland Plant Innovations (Kan. Ct. App. 2021). · cites it 8× “"K.S.A. 77-616 controls the procedure to obtain a stay of a decision of the Board.”

Sierra Club v. Mosier (Kan. 2017). · cites it 2× “In granting relief, a court may order agency action required by law, order agency exercise of discretion required by law, set aside or modify agency action, enjoin or stay the effectiveness of agency action, remand a matter for further proceedings, render a declaratory judgment,…”

— K.S.A. § 77-616(a) — 4 cases

Nuessen v. Sutherlands, 352 P.3d 587 (Kan. Ct. App. 2015). “In tire alternative, they argue that Sutherlands failed to obtain a stay pursuant to K.S.A. 77-616 to stop the payment of those benefits pending an appeal to this court.”

Guzzo v. Heartland Plant Innovations (Kan. Ct. App. 2021). “"K.S.A. 77-616 controls the procedure to obtain a stay of a decision of the Board.”

Sierra Club v. Mosier (Kan. 2017). “In granting relief, a court may order agency action required by law, order agency exercise of discretion required by law, set aside or modify agency action, enjoin or stay the effectiveness of agency action, remand a matter for further proceedings, render a declaratory judgment,…”

— K.S.A. § 77-616(b) — 2 cases

Guzzo v. Heartland Plant Innovations (Kan. Ct. App. 2021). “"K.S.A. 77-616 controls the procedure to obtain a stay of a decision of the Board.”

— K.S.A. § 77-616(c) — 1 case

Guzzo v. Heartland Plant Innovations (Kan. Ct. App. 2021). “"K.S.A. 77-616 controls the procedure to obtain a stay of a decision of the Board.”

— K.S.A. § 77-616(c)(2) — 1 case

Activator Supply Co. v. Wurth, 722 P.2d 1081 (Kan. 1986). “The district court, in its order denying the commissioner’s motion to set aside the temporary restraining order, held that, as a court of equity, it had jurisdiction to issue a temporary restraining order or temporary injunction and stated in its memorandum opinion as follows:…”

— K.S.A. § 77-616(f) — 1 case

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