Kansas Statutes Annotated

K.S.A. § 77-631 (2026)

Failure of agency to act in timely manner, interlocutory review of agency's failure to act

✓ current as of May 2026
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77-631. Failure of agency to act in timely manner, interlocutory review of agency's failure to act. (a) A person aggrieved by the failure of an agency to act in a timely manner as required by K.S.A. 77-526 or 77-549, and amendments thereto, or as otherwise required by law, is entitled to interlocutory review of the agency's failure to act.

(b) If an agency, not including the Kansas corporation commission, does not act on a petition for reconsideration within the time prescribed by K.S.A. 77-529, and amendments thereto, a party may petition for judicial review of the final order at any time within 90 days of service of such final order. If prior to the filing of a petition for judicial review under this subsection, the agency grants the petition for reconsideration, the time for seeking judicial review of an order rendered upon such reconsideration shall be governed by subsection (c) of K.S.A. 77-613, and amendments thereto.

(c) This section shall be part of and supplemental to the Kansas judicial review act.

History: L. 1995, ch. 175, § 1; L. 2010, ch. 17, § 209; July 1.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2013–2022 · leading case: Norris v. Kansas Emp. Sec. Bd. of Review, 321 P.3d 28 (Kan. Ct. App. 2014).
Norris v. Kansas Emp. Sec. Bd. of Review, 321 P.3d 28 (Kan. Ct. App. 2014). · cites it 5× “See K.S.A. 2013 Supp. 77-631(b). For its part, the Board asserted the reconsideration provisions of the KJRA did not apply because the Board had no authority to reconsider its decisions under the KESL.”
Norris v. Kansas Emp. Sec. Bd. of Review, 367 P.3d 1252 (Kan. 2016). “77-613(c)(2) for 30-day deadline and K.S.A. 2013 Supp. 77-631(b) for 90-day deadline).”
Friends of Bethany Place, Inc. v. City of Topeka, 307 P.3d 1255 (Kan. 2013). “74-7028; K.S.A. 77-631(a); K.S.A. 2012 Supp. 82a-302(a); K.”
In re Equalization Appeal of Target Corp. (Kan. Ct. App. 2022). · cites it 10× “at 776-77; see K.S.A. 77-631. The Supreme Court remanded the case to our court with directions "to consider whether the Board acted properly in failing to issue a full and complete opinion.”
In re Equalization Appeal of Target Corp. (Kan. 2020). · cites it 6× “77-526(g) (providing generally that initial or final order must be served within 30 days after matter submitted for decision); K.”
— K.S.A. § 77-631(a) — 3 cases
Friends of Bethany Place, Inc. v. City of Topeka, 307 P.3d 1255 (Kan. 2013). “74-7028; K.S.A. 77-631(a); K.S.A. 2012 Supp. 82a-302(a); K.”
In re Equalization Appeal of Target Corp. (Kan. 2020). “77-526(g) (providing generally that initial or final order must be served within 30 days after matter submitted for decision); K.”
In re Equalization Appeal of Target Corp. (Kan. Ct. App. 2022). “at 776-77; see K.S.A. 77-631. The Supreme Court remanded the case to our court with directions "to consider whether the Board acted properly in failing to issue a full and complete opinion.”
— K.S.A. § 77-631(b) — 2 cases
Norris v. Kansas Emp. Sec. Bd. of Review, 321 P.3d 28 (Kan. Ct. App. 2014). “See K.S.A. 2013 Supp. 77-631(b). For its part, the Board asserted the reconsideration provisions of the KJRA did not apply because the Board had no authority to reconsider its decisions under the KESL.”
Norris v. Kansas Emp. Sec. Bd. of Review, 367 P.3d 1252 (Kan. 2016). “77-613(c)(2) for 30-day deadline and K.S.A. 2013 Supp. 77-631(b) for 90-day deadline).”
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