Kansas Statutes
§ 77-617 — Limitations on new issues
Kansas § 77-617
JurisdictionKansas
Ch. 77STATUTES; ADMINISTRATIVE RULES AND REGULATIONS AND PROCEDURE
Art. 6KANSAS JUDICIAL REVIEW ACT
This text of Kansas § 77-617 (Limitations on new issues) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Kan. Stat. Ann. § 77-617 (2026).
Text
A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:
(a)The agency did not have jurisdiction to grant an adequate remedy based on a determination of the issue;
(b)the agency action subject to judicial review is a rule and regulation and the person has not been a party in adjudicative proceedings which provided an adequate opportunity to raise the issue;
(c)the agency action subject to judicial review is an order and the person was not notified of the adjudicative proceeding; or
(d)the interests of justice would be served by judicial resolution of an issue arising from:
(1)A change in controlling law occurring after the agency action; or
(2)agency action occurring or first reasonably knowable to the person after the person exh
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Related
Brown Ex Rel. Brown v. Day
555 F.3d 882 (Tenth Circuit, 2009)
Lindenman v. Umscheid
875 P.2d 964 (Supreme Court of Kansas, 1994)
Hamlin v. Kansas Department of Revenue
204 P.3d 562 (Supreme Court of Kansas, 2009)
Zarda v. State
826 P.2d 1365 (Supreme Court of Kansas, 1992)
Dean v. State
826 P.2d 1372 (Supreme Court of Kansas, 1992)
Wheatland Electric Cooperative, Inc. v. Polansky
265 P.3d 1194 (Court of Appeals of Kansas, 2011)
Romkes v. University of Kansas
317 P.3d 124 (Court of Appeals of Kansas, 2014)
Fischer v. State Department of Social & Rehabilitation Services
21 P.3d 509 (Supreme Court of Kansas, 2001)
Jarvis v. Kansas Dept. of Revenue
442 P.3d 1054 (Court of Appeals of Kansas, 2019)
USD NO. 500 v. Womack
890 P.2d 1233 (Court of Appeals of Kansas, 1995)
Turner & Boisseau v. Kansas State Board of Healing Arts
978 P.2d 288 (Court of Appeals of Kansas, 1998)
Bicknell v. Kansas Dept. of Revenue
(Court of Appeals of Kansas, 2021)
FreeState Electric Cooperative, Inc. v. Kansas Dept. of Revenue
(Supreme Court of Kansas, 2024)
Garden City Educators' Ass'n v. Board of Education
805 P.2d 511 (Court of Appeals of Kansas, 1991)
Jarvis v. Kansas Dept. of Revenue
(Supreme Court of Kansas, 2020)
Kamila v. University of Kansas
(Court of Appeals of Kansas, 2020)
Zhu v. Kansas Dept. of Health and Environment
(Court of Appeals of Kansas, 2022)
Legislative History
L. 1984, ch. 338, § 17; L. 1987, ch. 184, § 4; L. 2009, ch. 109, § 27; July 1.
Nearby Sections
15
§ 77-102
Same; members§ 77-107
Record of 1923 revision§ 77-108
Quorum of commission§ 77-109
Common law§ 77-115a
Sale of Revised Statutes 1923Cite This Page — Counsel Stack
Bluebook (online)
Kansas § 77-617, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/77-617.