Administrative Hearing Request Packet - Kansas

ADMINISTRATIVE HEARING REQUEST PACKET — KANSAS

Comprehensive Hearing Request, Cover Letter, and Practice Guide

Pursuant to the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.)

TABLE OF CONTENTS

1. Filing Overview and Preliminary Information
2. Hearing Request Cover Letter
3. Formal Request for Administrative Hearing
4. Statement of Issues / Grounds for Hearing
5. Agency Identification and the Office of Administrative Hearings
6. Filing Instructions
7. Deadlines and Timeline
8. Discovery and Evidence Rules in Administrative Proceedings
9. Pre-Hearing Conference Procedures
10. Hearing Procedures and Rules of Evidence
11. Post-Hearing Briefs and Procedures
12. Appeal Rights from Administrative Decision
13. Stay of Agency Action
14. Document Checklist
15. Practice Tips for Kansas Administrative Hearings
16. Sources and References

1. FILING OVERVIEW AND PRELIMINARY INFORMATION

Petitioner / Requester Information:

Agency Action Being Challenged:

Hearing Request Summary:

2. HEARING REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Agency Name / Kansas Office of Administrative Hearings]
[________________________________]
[Street Address]
[________________________________]
[City, Kansas ZIP]

RE: Request for Administrative Hearing
Petitioner: [________________________________]
Agency Docket/Case No.: [________________________________]
Agency Action Dated: [__/__/____]

Dear [Presiding Officer / Administrative Law Judge / Agency Head]:

Pursuant to the Kansas Administrative Procedure Act, K.S.A. 77-512, and applicable agency regulations, the undersigned hereby requests a formal administrative hearing to contest the [type of agency action — e.g., denial, revocation, suspension, penalty assessment, order, determination] issued by [Agency Name] on [__/__/____].

Nature of the Dispute:
The Petitioner challenges the agency's [decision/action/order] on the following grounds: [________________________________]

Timeliness of Request:
Notice of the adverse agency action was received on [__/__/____]. This request is filed within the applicable statutory deadline as established by [cite specific statute or agency rule governing the deadline].

Forum:
The Petitioner understands that this matter [will be / may be] referred to the Kansas Office of Administrative Hearings (OAH) pursuant to K.S.A. 75-37,121 for assignment to an Administrative Law Judge.

Hearing Format:
The Petitioner requests a [☐ formal evidentiary hearing / ☐ hearing on the record] and [☐ requests / ☐ does not request] that the hearing be conducted in person at the OAH offices in Topeka or at a regional location.

Stay Request:
[If applicable] The Petitioner respectfully requests a stay of enforcement of the agency action pending resolution of this hearing. Grounds for the stay are set forth in the accompanying Stay Request (Section 13 of this Packet).

Enclosed with this letter please find: (1) the Formal Request for Administrative Hearing; (2) Statement of Issues; (3) copies of the challenged agency action/notice; (4) supporting documentation; and (5) proof of service.

Respectfully submitted,

________________________________________
[Full Name / Attorney Name]
[Title / Kansas Bar No.]
[Address]
[Telephone]
[Email]

3. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE KANSAS OFFICE OF ADMINISTRATIVE HEARINGS

(or Before [Agency Name])

In the Matter of:

[________________________________], Petitioner

v.

[________________________________], Respondent Agency

Agency Docket No.: [________________________________]
OAH Docket No.: [________________________________] (to be assigned)

PETITION FOR ADMINISTRATIVE HEARING

NOW COMES Petitioner [________________________________], by and through [self / undersigned counsel], and pursuant to the Kansas Administrative Procedure Act, K.S.A. 77-501 et seq., and [cite specific agency enabling statute], hereby requests a formal administrative hearing and states as follows:

I. PARTIES

1. Petitioner is [an individual / a business entity / an organization] located at [________________________________], Kansas, with a direct interest in the agency action at issue.

2. Respondent is [________________________________], a state agency of the State of Kansas, located at [________________________________].

II. JURISDICTION AND AUTHORITY

3. This proceeding constitutes a "contested case" as defined by K.S.A. 77-502(c), in that it is a proceeding before a state agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

4. The agency has jurisdiction over this matter pursuant to [________________________________] [cite agency enabling statute].

5. The Kansas Office of Administrative Hearings has authority to conduct this hearing pursuant to K.S.A. 75-37,121.

6. This request is timely filed within [____] days of receipt of the agency's decision, as required by [________________________________].

III. FACTUAL BACKGROUND

7. On or about [__/__/____], the agency issued [describe action — notice of proposed action, license denial, order, determination, etc.].

8. [________________________________]
   [Provide additional relevant facts, numbered sequentially]

9. [________________________________]

10. [________________________________]

11. [________________________________]

IV. STATEMENT OF ISSUES

12. The following issues are presented for hearing:

a. [________________________________]

b. [________________________________]

c. [________________________________]

d. [________________________________]

V. LEGAL BASIS FOR CHALLENGE

13. The agency action is [unauthorized by law / based upon an erroneous interpretation of law / made upon unlawful procedure / not supported by substantial evidence / unreasonable, arbitrary, or capricious] for the following reasons:

a. [________________________________]

b. [________________________________]

c. [________________________________]

VI. RELIEF REQUESTED

14. WHEREFORE, Petitioner respectfully requests that the Administrative Law Judge / Agency:

a. Schedule and conduct a full evidentiary hearing on the merits;

b. Reverse, vacate, or modify the agency action dated [__/__/____];

c. [________________________________] [specify other relief sought];

d. Grant such other and further relief as may be just and proper.

Date: [__/__/____]

________________________________________
[Petitioner / Attorney for Petitioner]
[Printed Name]
[Kansas Bar No.]
[Address]
[Telephone]
[Email]

4. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Detailed Statement of Contested Issues

Issue No. 1:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 2:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 3:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as understood): [________________________________]
• Petitioner's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Additional Issues: [Attach additional sheets as necessary]

5. AGENCY IDENTIFICATION AND THE OFFICE OF ADMINISTRATIVE HEARINGS

The Kansas Office of Administrative Hearings (OAH)

Overview:
Since July 1, 2009, the Kansas Office of Administrative Hearings (OAH) has operated as a free-standing, independent state agency. The OAH employs Administrative Law Judges (ALJs) and support personnel to conduct contested case proceedings under the Kansas Administrative Procedure Act (KAPA) and other state statutes. The OAH also coordinates the State Civil Service Board (SCSB) hearing process.

OAH Contact Information:

Common Kansas Agencies That Refer Cases to OAH:

Forum Determination Checklist:

☐ Identify the agency that issued the adverse action
☐ Determine whether the case will be heard by OAH or by the agency itself
☐ Review the agency's specific enabling statute for hearing procedures
☐ Confirm whether KAPA (K.S.A. 77-501 et seq.) applies or if the agency has exemptions
☐ Identify the presiding officer: OAH ALJ or agency hearing officer
☐ Verify whether the agency head makes the final decision or the ALJ issues the final order
☐ Check for any mandatory informal resolution or mediation requirements

6. FILING INSTRUCTIONS

Where and How to File in Kansas

Step 1: Determine Where to File

The hearing request is typically filed with the agency that issued the adverse action. The agency then refers the matter to the OAH. Some agencies accept direct filing with the OAH.

Step 2: Accepted Filing Methods

☐ U.S. Mail (certified mail recommended)
☐ Personal delivery / hand filing
☐ Facsimile (where permitted)
☐ Electronic filing (check OAH and agency-specific requirements)
☐ Email (where permitted by the agency or OAH)

Step 3: Filing Fees

Most Kansas administrative hearing requests do not require a filing fee. Certain specialized proceedings (e.g., tax appeals to BOTA) may have specific fee requirements.

Step 4: Service Requirements

☐ Serve a copy of the hearing request on the agency's legal counsel
☐ Serve a copy on all other parties of record
☐ File a certificate of service with the hearing request
☐ Service may be made by first-class mail, personal delivery, or as permitted

OAH Forms:

The OAH makes certain forms available electronically on its website at oah.ks.gov. Check the OAH Forms page for:
☐ Request for Administrative/Fair Hearing form
☐ Prehearing questionnaire
☐ Continuance request form
☐ Subpoena request form

7. DEADLINES AND TIMELINE

Critical Deadlines Under Kansas Law

Filing Deadline for Hearing Request:

The deadline to request an administrative hearing varies by agency and the type of action. The applicable statute or the agency's notice of action will specify the deadline.

CRITICAL: Failure to file within the statutory deadline typically results in waiver of the right to a hearing and renders the agency action final.

General Hearing Timeline Under KAPA:

8. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Discovery Under the Kansas APA

Governing Statute: K.S.A. 77-522

Discovery in Kansas administrative proceedings follows the Kansas Rules of Civil Procedure as adapted for administrative hearings. The ALJ has discretion to manage discovery.

Available Discovery Methods:

☐ Interrogatories (written questions)
☐ Requests for production of documents
☐ Requests for admissions
☐ Depositions (with ALJ permission)
☐ Subpoenas for documents (subpoena duces tecum)
☐ Subpoenas for witness testimony at hearing

Discovery Process:

1. Initiation: Discovery typically begins after the prehearing conference where the ALJ sets discovery deadlines and scope
2. Scope: Parties may obtain discovery of any matter relevant to the subject matter of the pending action
3. Limitations: The ALJ may limit discovery to prevent undue burden, expense, or delay
4. Disputes: Discovery disputes are resolved by the ALJ through motions to compel or motions for protective orders
5. Sanctions: The ALJ may impose sanctions for failure to comply with discovery orders, including exclusion of evidence

Subpoenas (K.S.A. 77-520):

• The ALJ or agency head may issue subpoenas for the attendance of witnesses and production of documents
• Subpoenas must be served in accordance with the Kansas Rules of Civil Procedure
• A party may request the ALJ to issue a subpoena by filing a written request
• Non-compliance with a subpoena may be enforced through the district court

Pre-Hearing Document Exchange:

☐ Witness lists with expected testimony descriptions
☐ Exhibit lists identifying all documentary evidence
☐ Copies of all documents to be offered as exhibits
☐ Pre-hearing memoranda or position statements (if required by ALJ order)
☐ Stipulations of undisputed facts

9. PRE-HEARING CONFERENCE PROCEDURES

Pre-Hearing Conferences Under K.S.A. 77-516

Overview:
Not all Kansas administrative cases involve a prehearing conference. Whether a prehearing conference is held is determined by the ALJ. When held, the conference is an informal proceeding.

Purposes of the Pre-Hearing Conference:

☐ Identify and narrow the contested issues
☐ Discuss and establish a schedule for the proceedings
☐ Set a hearing date
☐ Establish discovery deadlines and scope
☐ Discuss potential dispositive motions (summary judgment)
☐ Address motions to dismiss or other preliminary motions
☐ Explore settlement possibilities
☐ Address procedural matters (continuances, accommodations)
☐ Clarify the burden of proof (K.S.A. 77-621(a)(1))
☐ Determine whether the proceeding will result in an initial order or final order

Pre-Hearing Conference Format:

• Conferences are typically conducted by telephone or video conference
• In-person conferences may be arranged upon request
• The ALJ presides over the conference

Pre-Hearing Conference Preparation Checklist:

☐ Review the agency's notice of action and all related documents
☐ Prepare a concise statement of the issues in dispute
☐ Prepare proposed hearing dates (coordinate with witnesses)
☐ Prepare preliminary witness and exhibit lists
☐ Identify any discovery needs and proposed timeline
☐ Prepare any preliminary motions (e.g., continuance, change of venue)
☐ Research and be prepared to discuss the applicable burden of proof
☐ Consider settlement possibilities and authority

Pre-Hearing Orders:

Following the prehearing conference, the ALJ will typically issue a prehearing order that:

• Defines the issues for hearing
• Establishes the discovery schedule
• Sets the hearing date, time, and location
• Sets deadlines for witness and exhibit lists
• Addresses any pending motions
• Memorializes stipulations

10. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Hearings Under the Kansas APA

Notice of Hearing (K.S.A. 77-513):

Notice of the hearing must be served on all parties and must include:

• The time, place, and nature of the hearing
• The legal authority and jurisdiction
• A reference to the particular sections of statutes and rules involved
• A short and plain statement of the matters asserted

Representation:

☐ Parties may appear pro se (self-represented)
☐ Parties may be represented by an attorney licensed in Kansas
☐ In certain proceedings, authorized representatives may appear

Burden of Proof (K.S.A. 77-621(a)(1)):

The burden of proving the invalidity of agency action is on the party asserting invalidity. The ALJ may discuss the specific burden standard applicable to the case during the prehearing conference or in a briefing order.

Evidence Rules (K.S.A. 77-524):

• The ALJ may admit evidence that would be inadmissible under the Kansas Rules of Evidence
• Evidence must be relevant and probative
• Hearsay evidence may be admitted but cannot be the sole basis for a finding of fact if properly objected to
• The ALJ shall give effect to the rules of privilege recognized by law
• Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available
• Judicial notice may be taken of matters that could be judicially noticed by the courts of Kansas
• The ALJ may take official notice of technical or scientific facts within the agency's specialized knowledge

Hearing Format:

Kansas OAH hearings are typically conducted by telephone or video conference. In-person hearings may be requested, but extraordinary circumstances may prevent in-person proceedings.

Record of Proceedings (K.S.A. 77-525):

The hearing is recorded, and the record includes:
☐ All pleadings, motions, and rulings
☐ All evidence received or considered
☐ A statement of matters officially noticed
☐ Offers of proof, objections, and rulings thereon
☐ Proposed findings, requested orders, and exceptions
☐ The recording of the hearing
☐ Staff memoranda or data submitted to the ALJ
☐ Matters placed on the record after an ex parte communication

11. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Process Under the Kansas APA

Post-Hearing Briefs:

The ALJ may permit or require post-hearing briefs or proposed findings of fact and conclusions of law.

ALJ Decision (K.S.A. 77-526):

The ALJ must issue Findings of Fact, Conclusions of Law, and an Order within thirty (30) days after conclusion of the hearing or after submission of proposed findings of fact. This period may be waived or extended with written consent of the parties or for good cause shown.

Initial Order vs. Final Order:

The ALJ's order will be either an Initial Order or a Final Order, depending on the agency's determination:

• Initial Order: Subject to review by the agency head before becoming final. Becomes final if no petition for review is filed within the applicable time period.
• Final Order: The ALJ's order is the final agency action. Directly subject to judicial review.

Review of Initial Order (K.S.A. 77-527):

If the ALJ issues an initial order:

• Any party may petition the agency head for review
• The petition must be filed within the time specified in the order (typically 15 days)
• The agency head may review on its own motion
• The agency head may affirm, modify, reverse, or remand
• If no review is sought, the initial order becomes the final order

Content of the Order:

The order must include:
☐ Findings of fact based on the evidence in the record
☐ Conclusions of law based on the applicable statutes and regulations
☐ The ALJ's order (granting or denying relief)
☐ A description of the parties' appeal rights
☐ The deadline for filing a petition for judicial review

12. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under K.S.A. 77-601 et seq.

Governing Statute: Kansas Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. 77-601 through 77-627.

Exhaustion of Administrative Remedies:

Before seeking judicial review, the Petitioner must:
☐ Receive a final agency order
☐ Exhaust all available administrative review (including review of initial order under K.S.A. 77-527)
☐ File any required petition for reconsideration (K.S.A. 77-529)

Filing for Judicial Review:

Scope of Judicial Review (K.S.A. 77-621):

The court may grant relief if it determines:

• The agency action is unconstitutional
• The agency exceeded its statutory authority
• The agency followed unlawful procedure
• The agency erroneously interpreted or applied the law
• The agency action is not supported by evidence that is substantial when viewed in light of the record as a whole
• The agency action is unreasonable, arbitrary, or capricious
• The agency action is based upon a determination of fact not supported by substantial competent evidence

Burden on Appeal:

The burden of proving the invalidity of agency action rests on the party asserting invalidity (K.S.A. 77-621(a)(1)).

Further Appeals:

• From the district court: Appeal to the Kansas Court of Appeals
• From the Court of Appeals: Petition for Review to the Kansas Supreme Court

13. STAY OF AGENCY ACTION

Request for Stay Pending Hearing

To: [________________________________] [Agency Name / OAH ALJ]
From: [________________________________] [Petitioner]
Date: [__/__/____]
Re: Request for Stay — Docket No. [________________________________]

The Petitioner respectfully requests a stay of enforcement of the agency's [decision/order/action] dated [__/__/____] pending the resolution of this administrative hearing, and states the following grounds:

1. Likelihood of Success on the Merits:
[________________________________]

2. Irreparable Harm Absent a Stay:
[________________________________]

3. The Stay Will Not Substantially Harm Other Parties:
[________________________________]

4. The Public Interest Favors a Stay:
[________________________________]

Statutory Authority: K.S.A. 77-528 (Stay of agency action pending review).

Supporting Documentation:
☐ Affidavit or declaration of Petitioner
☐ Financial records demonstrating harm
☐ Other supporting evidence: [________________________________]

14. DOCUMENT CHECKLIST

Complete Filing Checklist for Kansas Administrative Hearing Request

Required Documents:

☐ Cover letter (signed and dated)
☐ Formal Request for Administrative Hearing / Petition
☐ Copy of the agency's adverse action / decision / notice
☐ Statement of Issues / Grounds for Hearing
☐ Proof of service on agency counsel and all parties
☐ Certificate of service
☐ Agency-specific hearing request form (if required — check OAH website)
☐ Filing fee or fee waiver request (if applicable)

Recommended Documents:

☐ Stay request with supporting documentation (if applicable)
☐ Preliminary witness list with contact information
☐ Preliminary exhibit list with copies of key exhibits
☐ Chronological statement of facts
☐ Relevant statutory and regulatory provisions
☐ Authorization for representative (power of attorney, if applicable)
☐ Interpreter / accommodation request (if applicable)
☐ Proposed prehearing schedule

Service Verification:

☐ Retained a copy of all filed documents for your records
☐ Sent copies to all parties via [certified mail / personal delivery]
☐ Obtained proof of delivery (certified mail receipt, delivery confirmation)
☐ Filed certificate of service with the agency/OAH

Post-Filing Tasks:

☐ Calendar the hearing request filing deadline and confirm timely filing
☐ Calendar 30-day judicial review deadline from date of final order
☐ Monitor for OAH acknowledgment and ALJ assignment
☐ Monitor for prehearing conference scheduling notice
☐ Prepare for the prehearing conference
☐ Begin identifying witnesses and gathering documentary evidence
☐ Review the Kansas Code of Conduct for Administrative Law Judges
☐ Review OAH guidelines posted at oah.ks.gov

15. PRACTICE TIPS FOR KANSAS ADMINISTRATIVE HEARINGS

Strategic Considerations for Kansas Practitioners

1. Understand the OAH System
Since 2009, the Kansas OAH has operated as an independent agency, separate from the Department of Administration. The OAH employs its own ALJs who follow the Kansas Code of Conduct for Administrative Law Judges. Understanding this independent structure can inform hearing strategy.

2. Prepare for Telephone/Video Hearings
Kansas OAH hearings are typically conducted by telephone or video conference, not in person. Prepare accordingly: ensure reliable technology, organize exhibits for easy reference, and practice presenting testimony in a non-courtroom setting.

3. Know the Burden of Proof
Under K.S.A. 77-621(a)(1), the party challenging agency action bears the burden of proving the invalidity of that action. Understand this burden before the hearing and organize your evidence to meet it.

4. Master Discovery Under K.S.A. 77-522
Discovery in Kansas administrative proceedings follows the Kansas Rules of Civil Procedure. Take advantage of interrogatories, requests for production, and requests for admissions. The ALJ controls the discovery schedule set at the prehearing conference.

5. Understand the Hearsay Rule
Under K.S.A. 77-524, the ALJ may admit hearsay evidence, but it cannot serve as the sole basis for a finding of fact if properly objected to. Object to hearsay at the hearing and present corroborating evidence for all critical facts.

6. Mind the 30-Day Deadlines
Two critical 30-day deadlines govern Kansas administrative proceedings:

• The ALJ must issue the order within 30 days after the hearing or briefing (K.S.A. 77-526(g))
• The petition for judicial review must be filed within 30 days of the final order (K.S.A. 77-613(b))

7. Distinguish Initial Orders from Final Orders
The ALJ may issue either an initial order (subject to agency head review) or a final order (directly reviewable by the district court). The agency determines which type of order the ALJ will issue. Know which you are receiving and plan accordingly.

8. Exhaust Administrative Remedies
Before seeking judicial review, ensure you have exhausted all administrative remedies. If the ALJ issues an initial order, consider whether to petition the agency head for review under K.S.A. 77-527 before going to court.

9. File in the Correct Court
Judicial review is filed in the district court of the county where the petitioner resides or in the District Court of Shawnee County. Choose the forum most convenient and potentially most favorable.

10. Utilize OAH Resources
The OAH website (oah.ks.gov) provides forms, guidelines, FAQs, and scheduling information. Review these resources before the hearing. The OAH also publishes a calendar of scheduled hearings.

16. SOURCES AND REFERENCES

Kansas Administrative Hearing Authorities

Primary Statutes:

• Kansas Administrative Procedure Act (KAPA): K.S.A. 77-501 through 77-566
• K.S.A. 77-502: Definitions
• K.S.A. 77-512: Commencement of contested cases
• K.S.A. 77-513: Notice in contested cases
• K.S.A. 77-516: Prehearing conferences
• K.S.A. 77-520: Subpoenas
• K.S.A. 77-522: Discovery
• K.S.A. 77-524: Evidence
• K.S.A. 77-525: Record in contested cases
• K.S.A. 77-526: Orders in contested cases
• K.S.A. 77-527: Review of initial orders
• K.S.A. 77-528: Stay of agency action
• K.S.A. 77-529: Reconsideration
• Kansas Act for Judicial Review: K.S.A. 77-601 through 77-627
• K.S.A. 77-613: Time for filing petition
• K.S.A. 77-621: Scope of review; grounds for relief
• Kansas Office of Administrative Hearings: K.S.A. 75-37,121
• Kansas Open Records Act (KORA): K.S.A. 45-215 et seq.

Key Agency and Court Resources:

• Kansas Office of Administrative Hearings: oah.ks.gov
• Forms: oah.ks.gov/Home/Forms
• FAQs: oah.ks.gov/home/faqs
• Guidelines: oah.ks.gov/Home/Guidelines
• Hearing Calendar: oah.ks.gov/Home/Calendar
• Kansas Legislature (statutes): kslegislature.org
• Kansas Secretary of State (regulations): sos.ks.gov
• Kansas Judicial Branch: kscourts.org
• Kansas Bar Association: ksbar.org

Practice Resources:

• Kansas Bar Association, Administrative Law Section
• Kansas Continuing Legal Education (CLE) programs
• KLRD Memo on Kansas Administrative Procedure Act (kslegresearch.org)

This template is intended for use by licensed attorneys and qualified legal professionals. It does not constitute legal advice. The information contained herein reflects general provisions of Kansas law and must be adapted to the specific agency, proceeding, and facts of each case. Always verify current statutory requirements, agency-specific rules, and applicable deadlines before filing.

Document Version: 2026-03-07
Jurisdiction: Kansas
Governing Law: Kansas Administrative Procedure Act, K.S.A. 77-501 et seq.; Kansas Act for Judicial Review, K.S.A. 77-601 et seq.