Agency Rulemaking Request Preparation Packet - Kansas

REQUEST FOR AGENCY RULEMAKING CONSIDERATION — KANSAS

COVER LETTER

[__/__/____]

[________________________________]
[Agency Head Name / Title]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Request for Agency Consideration of Rule Adoption, Amendment, or Revocation
Requesting: ☐ Adoption ☐ Amendment ☐ Revocation of Rule or Regulation
Subject Matter: [________________________________]

Dear [________________________________]:

The undersigned requester(s) ask [________________________________] [Agency Name] to consider initiating rulemaking proceedings to [adopt/amend/revoke] [________________________________] [identify rule, regulation, or subject area], under the agency's organic authority and any agency-specific request procedure identified below.

Current K.S.A. 77-420 does not create a general public right to petition an agency for rulemaking and does not impose a 60-day response deadline. This packet includes proposed language, reasons, and supporting material as a discretionary request unless an agency-specific statute or rule entered in this packet provides otherwise.

The requester(s) respectfully ask the Agency to acknowledge and consider this submission under the authority and procedure identified in Section V.

Respectfully submitted,

[________________________________]
[Petitioner Name / Title]
[________________________________]
[Organization / Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]
[________________________________]
[Telephone Number]
[________________________________]
[Email Address]

RULEMAKING REQUEST

BEFORE THE [________________________________] [AGENCY NAME]

STATE OF KANSAS

PETITION NO.: [____] (Agency Assigned)

I. IDENTIFICATION OF PETITIONER(S)

Primary Petitioner:

Additional Petitioner(s): ☐ See Attachment A for additional petitioners

Attorney/Representative (if applicable):

II. TYPE OF RULEMAKING ACTION REQUESTED

☐ Adoption of a new rule and regulation
☐ Amendment of an existing rule and regulation
☐ Revocation of an existing rule and regulation

Existing Rule Citation (if amendment or revocation):
Kansas Administrative Regulations (K.A.R.) [____]-[____]-[____]

Proposed Rule Title: [________________________________]

Subject Matter Category: [________________________________]

III. STATEMENT OF NEED AND REASONS

A. Description of the Problem or Regulatory Gap

[________________________________]
[________________________________]
[________________________________]

Provide a clear statement of reasons as a best-practice submission and as required by any agency-specific procedure identified in Section V. Address: (1) the specific problem or gap in current regulation; (2) who is affected and how; (3) the scope of the problem; and (4) why rulemaking is the appropriate remedy.

B. Factual Basis Supporting the Petition

[________________________________]
[________________________________]
[________________________________]

Provide supporting facts, data, and documentation, including:

☐ Documented incidents or complaints: [________________________________]
☐ Statistical data or research: [________________________________]
☐ Industry or practice changes: [________________________________]
☐ Federal regulatory developments: [________________________________]
☐ Court decisions affecting the area: [________________________________]
☐ Technological or scientific changes: [________________________________]
☐ Other factual basis: [________________________________]

C. Inadequacy of Current Regulations

[________________________________]
[________________________________]
[________________________________]

IV. PROPOSED RULE LANGUAGE

A. Complete Text of Proposed Rule (New Adoption)

Provide complete proposed text if the agency's procedure requires it or if doing so will make the request concrete. Do not attribute an exact-language requirement to current K.S.A. 77-420.

KANSAS ADMINISTRATIVE REGULATIONS
AGENCY [____] — [Agency Name]
ARTICLE [____]

K.A.R. [____]-[____]-[____]. [Title of Proposed Rule]

(a) [________________________________]
(b) [________________________________]
(c) [________________________________]
(d) [________________________________]

B. Proposed Amendment (Showing Changes)

For amendments, show existing text and proposed changes:

Current K.A.R. [____]-[____]-[____]:
[________________________________]
[________________________________]

Proposed Amendment (additions underlined, deletions struck):
[________________________________]
[________________________________]

C. Proposed Revocation

If seeking revocation, identify the specific rule(s) and regulations:

V. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The [________________________________] [Agency Name] possesses authority to adopt the proposed rule under the following statutes:

1. Organic Statute: K.S.A. [________________________________]
   - Grant of rulemaking authority: [________________________________]
   - Specific section: [________________________________]

2. Rules and Regulations Filing Act: K.S.A. 77-415 and the specific procedural sections cited in this packet, as amended by 2026 Kan. Sess. Laws chs. 138 and 155, govern the covered adoption, filing, and publication steps.

3. Additional Authority:
   - K.S.A. [________________________________]
   - K.S.A. [________________________________]

B. Authority and Procedure for This Request

Current K.S.A. 77-420 governs executive review and approval of proposed rules; it does not create a general public petition right or 60-day agency-response deadline. Before filing, identify one of the following:

• Agency-specific statute authorizing this request: K.S.A. [________________________________]
• Agency rule, form, or published procedure: [________________________________]
• Agency invitation or pending docket accepting proposals: [________________________________]
• If none applies, confirmation that the submission is a discretionary policy request rather than a statutory petition: [________________________________]

Response deadline, if any, and exact authority: [________________________________]

C. Kansas Legislative Oversight

Kansas administrative rules are subject to oversight by the Joint Committee on Administrative Rules and Regulations. Under K.S.A. 77-426:

• The Secretary of State provides the Joint Committee the requested number of copies after filing
• The Legislature may adopt a concurrent resolution expressing concern with an existing rule and requesting its revocation or amendment
• Permanent rules generally become effective 15 days after publication in the Kansas Register, or on a later date stated in the rule

D. Current 2026 Process Classification

Before asking the agency to begin a full notice-and-hearing process, classify the requested action under the law effective July 1, 2026:

☐ Technical amendment only: 2026 Kan. Sess. Laws ch. 138, § 1 permits an agency to avoid new rulemaking proceedings when the change is nonsubstantive and limited to the listed technical categories, with immediate adoption after Department of Administration review and approval.

☐ Priority rule: Under Chapter 138, §§ 2 and 4, priority processing applies when an enactment directs adoption within nine months or expressly specifies priority status.

☐ Ordinary substantive rulemaking: Follow the prefiling input, review, notice, hearing, adoption, filing, and publication requirements summarized below.

E. Constitutional and Preemption Analysis

☐ The proposed rule does not violate the Kansas Constitution
☐ The proposed rule does not conflict with federal law or regulations
☐ The proposed rule is consistent with existing Kansas statutes
☐ The proposed rule does not exceed the agency's delegated authority
☐ Preemption analysis attached (if applicable): [________________________________]

VI. IMPACT ANALYSIS

A. Economic Impact

B. Information for the Agency's Economic Impact Statement

K.S.A. 77-416 requires the agency—not the requester—to prepare the economic impact statement for a proposed substantive rule. The requester may provide information addressing:

☐ The proposal's purpose, expected benefits, and quantified costs
☐ Any difference from approaches used by contiguous states or the federal government
☐ Whether federal law mandates the proposal and whether it exceeds the federal requirement
☐ Effects on business activity and growth
☐ Effects on businesses, business sectors, public-utility ratepayers, individuals, local governmental units, and the state economy
☐ Businesses directly affected
☐ Measures that could minimize costs and burdens
☐ Estimated annual implementation and compliance costs and the initial five-year total

C. Environmental and Social Impact

[________________________________]
[________________________________]

VII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety Benefits

[________________________________]
[________________________________]

B. Consumer Protection Benefits

[________________________________]
[________________________________]

C. Economic Development Benefits

[________________________________]
[________________________________]

D. Consistency with Kansas Public Policy

[________________________________]
[________________________________]

E. Stakeholder Support

VIII. SUPPORTING EVIDENCE AND EXHIBITS

IX. PETITIONER'S SPECIFIC REQUESTS

The petitioner(s) respectfully request that the [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition in writing;

2. Respond under the agency-specific authority or procedure identified in Section V, if that authority requires a response;

3. If ordinary substantive rulemaking is initiated, complete the early public-input step under K.S.A. 77-420(f), then publish notice in the Kansas Register and provide opportunity for public comment and hearing under K.S.A. 77-421;

4. Prepare the economic impact materials required by K.S.A. 77-416, if applicable;

5. Provide the petitioner with notice of all proceedings, hearings, and actions related to this petition;

6. Complete the current filing and notice steps required by the Rules and Regulations Filing Act, including filing with the Secretary of State; § 77-426(b) then directs the Secretary to provide requested copies to the Joint Committee.

X. VERIFICATION AND SIGNATURE

I, [________________________________], certify that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Use any agency-required verification or declaration form instead when one applies.

Petitioner Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Printed Name: [________________________________]

Kansas Bar Number: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS — KANSAS

Where to File

Primary Filing: File with the specific state agency that has jurisdiction over the subject matter of the proposed rule.

Agency Contact:

• Identify the agency's rules coordinator or general counsel
• Check the agency's website for specific filing procedures
• Check the current Kansas rules portal for notices, comments, and regulation resources

Kansas Secretary of State (for reference):
Docking State Office Building
915 S.W. Harrison Street
Topeka, KS 66612
Phone: (785) 296-4564

Joint Committee on Administrative Rules and Regulations:
Current committee page: https://www.kslegislature.gov/b2025_26/committees/ctte_jt_rules_regs_1/

How to File

☐ Deliver by certified mail, return receipt requested
☐ Hand-deliver to the agency's designated office (obtain date-stamped receipt)
☐ Check whether the agency accepts electronic filing
☐ Retain a complete copy of the petition with proof of filing

Filing Requirements

☐ Original petition plus copies as required by the specific agency
☐ All exhibits and supporting documents properly labeled and attached
☐ Cover letter addressed to agency head
☐ Proof of delivery retained by requester

Filing Fee

This packet does not identify a statewide filing fee for a discretionary rulemaking request. Confirm any agency-specific fee before submission.

AGENCY RESPONSE AND RULEMAKING PROCESS

Response to This Request

Current K.S.A. 77-420 does not require an agency to decide a public rulemaking request within 60 days. Record the actual agency-specific rule, statute, published procedure, or written commitment controlling the response:

If the agency elects to initiate rulemaking, it must follow the current process applicable to the proposed rule.

Kansas Rulemaking Process (If Petition Is Granted)

Technical amendments under 2026 Kan. Sess. Laws ch. 138, § 1 follow the narrower route stated there rather than this ordinary substantive-rulemaking table.

Notice Requirements Under K.S.A. 77-421

Before adopting, amending, or revoking any rule or regulation, the agency must:

☐ Determine whether the general 60-day period or a statutory 30-day exception applies
☐ Publish notice in the Kansas Register
☐ Send the required notice to the Secretary of State and Joint Committee recipients
☐ Include the summaries, access information, hearing details, and written-comment instructions required by § 77-421(a)
☐ Conduct a public hearing on the proposed rule

Tracking Your Petition

☐ Record filing date and any agency-specific response date
☐ Monitor the Kansas Register for rulemaking notices
☐ Check with the Secretary of State's office for filed rules
☐ Follow up on the date supported by the agency's procedure or a reasonable date chosen by counsel

APPEAL OF DENIAL

Options if the Petition Is Denied

No automatic appeal follows from denial or nonresponse to this discretionary request. Before seeking review, counsel must determine whether there is final agency action, standing, exhaustion, and a reviewable duty under the Kansas Judicial Review Act or an agency-specific statute.

A. Judicial Review

• If current authority establishes reviewability, file only in the court, time, and manner that authority specifies.
• K.S.A. 77-607 and 77-611 through 77-613 address finality, standing, exhaustion, and timing. K.S.A. 77-621 supplies the review standards after those and any other threshold requirements are met. The statutory grounds are whether:
  ☐ The agency action, statute, or rule is unconstitutional on its face or as applied
  ☐ The agency acted beyond its jurisdiction
  ☐ The agency failed to decide an issue requiring resolution
  ☐ The agency erroneously interpreted or applied the law
  ☐ The agency used an unlawful procedure or failed to follow prescribed procedure
  ☐ The decision-making body was improperly constituted or subject to disqualification
  ☐ A factual determination lacked substantial supporting evidence under the statutory record standard
  ☐ The agency action was otherwise unreasonable, arbitrary, or capricious

B. Legislative Action

• Petition the Joint Committee on Administrative Rules and Regulations
• Contact members of the Kansas Legislature to request statutory action
• K.S.A. 77-426(c) permits a concurrent resolution expressing concern with an existing rule and requesting its revocation or amendment; it is not a mechanism requiring an agency to adopt a requester's proposed new rule.

C. Renewed Petition

• Submit a revised petition addressing the agency's stated reasons for denial
• Provide additional evidence and broader stakeholder support
• Select any refiling interval based on the agency-specific procedure and circumstances

D. Governor's Office

• Counsel may consider policy outreach to the Governor's Office, but should not present that outreach as a statutory appeal or substitute for a review route authorized by law.

Judicial Review Standards Under K.S.A. 77-621

The burden of proving the invalidity of agency action is on the party asserting invalidity. Under K.S.A. 77-621(c), the court shall grant relief only if it determines one or more of the following:

☐ The agency action, statute, or rule is unconstitutional on its face or as applied
☐ The agency acted beyond the jurisdiction conferred by law
☐ The agency failed to decide an issue requiring resolution
☐ The agency erroneously interpreted or applied the law
☐ The agency used an unlawful procedure or failed to follow prescribed procedure
☐ The decision-makers were improperly constituted or subject to disqualification
☐ A factual determination is unsupported by substantial evidence viewed in light of the record as a whole
☐ The agency action is otherwise unreasonable, arbitrary, or capricious

DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Identified the correct agency with jurisdiction over the subject
☐ Researched agency-specific filing requirements and rules coordinator contact
☐ Confirmed agency mailing address and preferred method of receipt
☐ Researched statutory authority for the proposed rule
☐ Reviewed the Kansas Administrative Regulations on the subject
☐ Checked the Kansas Register for pending related rulemakings
☐ Reviewed the Secretary of State's administrative regulations publications

Petition Components

☐ Cover letter addressed to agency head
☐ Formal petition with all required sections
☐ Clear statement of reasons (best practice or agency-specific requirement)
☐ Exact language of proposed rule or amendment, if useful or required by the agency
☐ Legal authority analysis with statutory citations
☐ Impact analysis (economic, environmental, social)
☐ Public interest arguments
☐ Supporting exhibits properly labeled and indexed

Filing Requirements

☐ Petition signed and dated
☐ Attorney signature (if represented)
☐ Sufficient copies prepared
☐ Filing sent by certified mail or hand-delivered with receipt

Post-Filing Actions

☐ Calendar any verified agency-specific response deadline
☐ Calendar a reasonable follow-up date
☐ Monitor Kansas Register for rulemaking notices
☐ Prepare for potential public hearing testimony
☐ Notify stakeholders and supporters of filing

PRACTICE TIPS FOR KANSAS PRACTITIONERS

Strengthening Your Petition

1. Do not claim a generic 60-day statutory deadline. Current K.S.A. 77-420 contains no public rulemaking-petition remedy. Use only a deadline found in the agency's own current authority or procedure.

2. Provide exact rule language when useful or required. Proposed text can strengthen a discretionary request, but current K.S.A. 77-420 does not impose that requirement on a member of the public.

3. Address the economic impact. K.S.A. 77-416 requires the agency to prepare the economic impact statement for proposed substantive rules. Providing grounded cost-and-benefit information may assist the agency.

4. Engage with the Joint Committee. The Joint Committee on Administrative Rules and Regulations has significant oversight authority. Informing the Committee of your petition may encourage agency responsiveness.

5. Build a coalition. Petitions supported by multiple affected businesses, associations, or organizations carry greater weight with agencies.

6. Research the agency's rulemaking history. Review the Kansas Register for the agency's past rulemaking activities to understand institutional practices and receptivity.

7. Attend the public hearing. Ordinary substantive rulemaking under K.S.A. 77-421 includes a public hearing. If the agency initiates that process, consider participating.

Common Pitfalls to Avoid

1. Inventing a statewide petition procedure. Verify an agency-specific route instead of treating current K.S.A. 77-420 as a public petition statute.
2. Filing with the wrong agency. Verify the correct agency has jurisdiction.
3. Vague statement of reasons. Provide a detailed, factual basis rather than general policy assertions.
4. Assuming a response deadline. Track only a verified agency-specific deadline and choose a reasonable follow-up date otherwise.
5. Failing to check for pending rulemaking. The agency may already be considering rules on the same topic.

Timeline Expectations

• Agency response deadline: No generic deadline under current K.S.A. 77-420; enter agency-specific authority
• Early public input for ordinary substantive rules: At least 15 days before submission to the Department of Administration under K.S.A. 77-420(f), as amended effective July 1, 2026
• Notice of proposed rulemaking: Generally 60 days, with 30-day exceptions in K.S.A. 77-421(a)(2)-(3)
• Rule effective date: 15 days after publication in Kansas Register (K.S.A. 77-426)
• Total rulemaking process (if initiated): Agency- and proposal-specific; do not promise a fixed duration

SOURCES AND REFERENCES

Primary Kansas Statutes

• K.S.A. 77-420 — Early public input and executive review and approval of proposed rules; not a general public petition statute
• K.S.A. 77-415 — Rules and Regulations Filing Act scope and definitions
• K.S.A. 77-416 — Economic Impact Statement Requirement
• K.S.A. 77-421 — Notice, comment, and hearing procedure (general 60-day period and specified 30-day exceptions)
• K.S.A. 77-426 — Effective Date and Legislative Review of Rules
• K.S.A. 77-436 — Joint Committee review and reports
• K.S.A. 77-601, 77-607, 77-611 through 77-613, and 77-621 — Kansas Judicial Review Act title, review thresholds, timing, and scope
• 2026 Kan. Sess. Laws ch. 138, as reconciled in part by ch. 155 — Technical amendments, priority processing, early public input, and 2026 changes effective July 1, 2026

Administrative Resources

• Kansas Register and Administrative Regulations: https://rules.ks.gov/
• Kansas Secretary of State, 2026 Session Laws: https://sos.ks.gov/publications/session-laws.html
• Kansas Secretary of State, 2026 Kan. Sess. Laws ch. 138: https://sos.ks.gov/publications/sessionlaws/2026/Chapter-138-HB-2719.html
• Kansas Secretary of State, 2026 Kan. Sess. Laws ch. 155: https://sos.ks.gov/publications/sessionlaws/2026/Chapter-155-HB-2029.html
• Kansas Revisor of Statutes, Chapter 77: https://www.ksrevisor.gov/statutes/chapters/ch77/
• Joint Committee on Administrative Rules and Regulations: https://www.kslegislature.gov/b2025_26/committees/ctte_jt_rules_regs_1/
• Kansas Legislative Research Department: https://klrd.gov/

Helpful References

• Kansas Bar Association, Administrative Law Section resources
• Kansas Secretary of State, Policy and Procedure Manual for the Filing of Kansas Administrative Rules and Regulations
• Kansas Legislative Research Department, Legislative Oversight of Administrative Rules and Regulations memorandum

This template is designed for use by Kansas attorneys and interested persons preparing a discretionary rulemaking request. It should be adapted to the target agency's current authority and procedure. This document does not constitute legal advice.