77-619.
Additional evidence.
(a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding:
(1) Improper constitution as a decision-making body; or improper motive or grounds for disqualification, of those taking the agency action; or
(2) unlawfulness of procedure or of decision-making process.
(b) The court may remand a matter to the agency, before final disposition of a petition for judicial review, with directions that the agency conduct fact-finding and other proceedings the court considers necessary and that the agency take such further action on the basis thereof as the court directs, if:
(1) The agency was required to base its action exclusively on a record of a type reasonably suitable for judicial review, but the agency failed to prepare or preserve an adequate record;
(2) the court finds that (A) new evidence has become available that relates to the validity of the agency action at the time it was taken, that one or more of the parties did not know and was under no duty to discover, or did not know and was under a duty to discover but could not reasonably have discovered until after the agency action, and (B) the interests of justice would be served by remand to the agency;
(3) the agency improperly excluded or omitted evidence from the record; or
(4) a relevant provision of law changed after the agency action and the court determines that the new provision may control the outcome.
History:
L. 1984, ch. 338, § 19; July 1.
Notes of Decisions
Cited in
23
cases (
7 in the last 5 years), 1989–2026 · leading case:
Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013).
Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013).
· cites it 2× “77-618 of the KJRA provides that review is “confined to the agency record for judicial review,” although K.S.A. 77-619(a) does permit the supplementation of the record with additional evidence in some limited circumstances.”
Romkes v. Univ. of Kansas, 317 P.3d 124 (Kan. Ct. App. 2014).
· cites it 4× “Romkes moved the court pursuant to K.S.A. 77-619(a) to permit him to admit additional evidence beyond what was contained in the administrative record.”
Ben J. v. City of Salina, 208 P.3d 739 (Kan. 2009).
· cites it 2× “2002); see also K.S.A. 77-619 (under KJRA a court may "receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding:…”
In Re Fleet for Relief From a Tax Grievance, 272 P.3d 583 (Kan. 2012).
“For reasons that are not clear in the record, the district court allowed the County to supplement the agency record with tire corrected tax assessments over the owners’ objections but then found the effort to no avail because of the court’s view of the issues.”
Brewer v. Schalansky, 102 P.3d 1145 (Kan. 2004).
· cites it 2× “See K.S.A. 77-619. In this case, the district court made findings regarding the attorney fees, based upon its own knowledge and expertise, and evaluated the costs and anticipated fees of such an action.”
Parker v. Kansas Neurological Inst., 778 P.2d 390 (Kan. Ct. App. 1989).
“77-617 and K.S.A. 77-619 limit the evidence and issues available for judicial review of the Board’s discretion.”
Reifschneider v. State, 17 P.3d 907 (Kan. 2001).
· cites it 12× “The Lottery now argues K.S.A. 77-619 allows receipt of additional evidence by a court during the course of an appeal from an administrative decision.”
Fischer v. State Dep't of Soc. & Rehab. Servs., 21 P.3d 509 (Kan. 2001).
“77-617 and K.S.A. 77-619 were applicable and that SRS had properly de *175 termined that the value of the farm property and personal property supported its finding that the farming operation was exempt and had then correctly determined the community spouse resource allowance.”
In Re Doe, 90 P.3d 940 (Kan. 2004).
“K.S.A. 77-619(a)(2). "(b) The State agency record consists only of: (1) Notices of all proceedings; (2) any prehearing order; (3) any motions, pleadings, briefs, petitions, requests, and intermediate rulings; (4) evidence received or considered; (5) a statement of matters…”
— K.S.A. § 77-619(a) — 6 cases
Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013).
“77-618 of the KJRA provides that review is “confined to the agency record for judicial review,” although K.S.A. 77-619(a) does permit the supplementation of the record with additional evidence in some limited circumstances.”
Romkes v. Univ. of Kansas, 317 P.3d 124 (Kan. Ct. App. 2014).
“Romkes moved the court pursuant to K.S.A. 77-619(a) to permit him to admit additional evidence beyond what was contained in the administrative record.”
In Re Fleet for Relief From a Tax Grievance, 272 P.3d 583 (Kan. 2012).
“For reasons that are not clear in the record, the district court allowed the County to supplement the agency record with tire corrected tax assessments over the owners’ objections but then found the effort to no avail because of the court’s view of the issues.”
Reifschneider v. State, 17 P.3d 907 (Kan. 2001).
“The Lottery now argues K.S.A. 77-619 allows receipt of additional evidence by a court during the course of an appeal from an administrative decision.”
— K.S.A. § 77-619(a)(2) — 4 cases
In Re Doe, 90 P.3d 940 (Kan. 2004).
“K.S.A. 77-619(a)(2). "(b) The State agency record consists only of: (1) Notices of all proceedings; (2) any prehearing order; (3) any motions, pleadings, briefs, petitions, requests, and intermediate rulings; (4) evidence received or considered; (5) a statement of matters…”
— K.S.A. § 77-619(a)(l) — 1 case
Romkes v. Univ. of Kansas, 317 P.3d 124 (Kan. Ct. App. 2014).
“Romkes moved the court pursuant to K.S.A. 77-619(a) to permit him to admit additional evidence beyond what was contained in the administrative record.”
— K.S.A. § 77-619(b) — 4 cases
Reifschneider v. State, 17 P.3d 907 (Kan. 2001).
“The Lottery now argues K.S.A. 77-619 allows receipt of additional evidence by a court during the course of an appeal from an administrative decision.”
— K.S.A. § 77-619(b)(1) — 1 case
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