Agency Rulemaking Petition - Kansas

PETITION FOR RULEMAKING — KANSAS

COVER LETTER

[__/__/____]

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

Re: Petition for Rulemaking Under K.S.A. 77-420
Requesting: ☐ Adoption ☐ Amendment ☐ Repeal of Rule or Regulation
Subject Matter: [________________________________]

Dear [________________________________]:

Pursuant to K.S.A. 77-420, the undersigned petitioner(s) respectfully submit this Petition for Rulemaking requesting that [________________________________] [Agency Name] initiate rulemaking proceedings to [adopt/amend/repeal] [________________________________] [identify rule, regulation, or subject area].

Under K.S.A. 77-420, any interested person may petition a state agency requesting the adoption, amendment, or repeal of any rule and regulation. This petition includes the text of the proposed rule or amendment, the reasons supporting the requested action, and supporting documentation.

The petitioner(s) respectfully request that the Agency consider this petition and respond within the time period required by Kansas law.

Respectfully submitted,

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

FORMAL PETITION FOR RULEMAKING

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
☐ Repeal of an existing rule and regulation

Existing Rule Citation (if amendment or repeal):
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

[________________________________]
[________________________________]
[________________________________]

This section must include a clear statement of reasons for the proposed rule, amendment, or repeal, as required by K.S.A. 77-420. 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)

K.S.A. 77-420 requires petitions to include the exact language of the suggested new rule or amendment. Provide complete proposed text:

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 Repeal

If seeking repeal, 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 et seq. establishes the procedures for adopting, filing, and publishing rules and regulations by Kansas state agencies.

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

B. Petition Right Under Kansas Law

Under K.S.A. 77-420, any interested person may petition a state agency requesting the adoption, amendment, or repeal of any rule and regulation. The petition must contain:

• A clear statement of reasons for the proposed rule, amendment, or repeal
• The exact language of the suggested new rule or amendment

The agency must consider the petition and, within 60 days after its submission, either deny the petition in writing (stating its reasons for the denial) or initiate rulemaking proceedings in accordance with K.S.A. 77-421.

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 Legislature may adopt a concurrent resolution requesting revocation or amendment of rules
• The Joint Committee reviews proposed rules and regulations
• Rules must be filed with the Secretary of State and published in the Kansas Register

D. 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. Economic Impact Statement Requirements

Kansas law requires agencies to prepare an economic impact statement for proposed rules. The petitioner should address the following to assist the agency:

☐ Description of the proposed rule's economic impact on state agencies
☐ Impact on local government units
☐ Costs imposed on businesses and individuals
☐ Cost of compliance with the proposed rule
☐ Benefits derived from the proposed rule
☐ Less costly or less intrusive alternatives considered
☐ Impact on Kansas economic competitiveness

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. Within 60 days, either initiate rulemaking proceedings under K.S.A. 77-421 or deny the petition in writing with stated reasons, as required by K.S.A. 77-420;

3. If rulemaking is initiated, publish notice in the Kansas Register and provide opportunity for public comment and hearing under K.S.A. 77-421;

4. Prepare an economic impact statement for the proposed rule;

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

6. Submit the adopted rule to the Joint Committee on Administrative Rules and Regulations for review and to the Secretary of State for filing.

X. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

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
• The Kansas Secretary of State's office maintains agency contact lists

Kansas Secretary of State (for reference):
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594
Phone: (785) 296-4564

Joint Committee on Administrative Rules and Regulations:
Kansas Legislature
300 S.W. 10th Avenue
Topeka, KS 66612

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 service retained by petitioner

Filing Fee

Kansas law does not impose a specific filing fee for petitions for rulemaking. Confirm with the specific agency.

AGENCY RESPONSE REQUIREMENTS

Agency Obligations Under K.S.A. 77-420

Upon receipt of a properly filed petition for rulemaking, the agency must:

1. Consider the petition — Review the petition, proposed rule language, reasons, and supporting materials.

2. Respond within 60 days — Within 60 days after submission of the petition, the agency must either:
   - Deny the petition in writing, stating the agency's reasons for the denial, or
   - Initiate rulemaking proceedings in accordance with K.S.A. 77-421

3. If rulemaking is initiated, the agency must follow the standard rulemaking process.

Kansas Rulemaking Process (If Petition Is Granted)

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

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

☐ Give at least 60 days' notice of the proposed action
☐ Publish notice in the Kansas Register
☐ Mail written notice to all persons who have made timely request for advance notice
☐ Provide notice to businesses, local governments, and affected members of the public
☐ Conduct a public hearing on the proposed rule

Tracking Your Petition

☐ Record filing date — the 60-day response deadline runs from this date
☐ Monitor the Kansas Register for rulemaking notices
☐ Check with the Secretary of State's office for filed rules
☐ Follow up in writing if no response by day 45

APPEAL OF DENIAL

Options if the Petition Is Denied

If the agency denies the petition for rulemaking within (or after) the 60-day period, the petitioner may pursue the following remedies:

A. Judicial Review

• Under the Kansas Judicial Review Act (K.S.A. 77-601 et seq.), a person aggrieved by agency action may seek judicial review
• File a petition for judicial review in the appropriate Kansas district court
• The court reviews whether the denial was:
  ☐ Unconstitutional
  ☐ Beyond the jurisdiction of the agency
  ☐ Based on an erroneous interpretation of the law
  ☐ Made upon unlawful procedure
  ☐ An abuse of discretion
  ☐ Arbitrary, capricious, or unreasonable

B. Legislative Action

• Petition the Joint Committee on Administrative Rules and Regulations
• Contact members of the Kansas Legislature to request statutory action
• The Legislature may adopt a concurrent resolution under K.S.A. 77-426 requesting the agency to adopt, amend, or revoke rules

C. Renewed Petition

• Submit a revised petition addressing the agency's stated reasons for denial
• Provide additional evidence and broader stakeholder support
• Allow a reasonable period before refiling (typically 6-12 months)

D. Governor's Office

• Contact the Governor's Office regarding the regulatory matter
• The Governor may have authority to direct executive branch agencies to act on rulemaking concerns

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

The burden of proving the invalidity of agency action is on the party asserting invalidity. The court shall grant relief only if it determines:

☐ The agency action was fraudulent
☐ The agency action was based on an error of law
☐ The agency action was not reasonably supported by substantial evidence
☐ The agency did not act within the scope of its authority
☐ The agency action was 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 (required by K.S.A. 77-420)
☐ Exact language of proposed rule or amendment (required by K.S.A. 77-420)
☐ 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 60-day response deadline from date of filing
☐ Calendar 45-day follow-up reminder
☐ 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. Emphasize the 60-day statutory deadline. Kansas is one of the states with a specific statutory deadline for agency response to rulemaking petitions. Include this deadline prominently in your petition and follow up accordingly.

2. Provide exact rule language. K.S.A. 77-420 expressly requires the exact language of the proposed rule or amendment. Use the standard Kansas Administrative Regulations format.

3. Address the economic impact. Kansas agencies must prepare economic impact statements for proposed rules. Providing your own economic analysis strengthens the petition.

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. Kansas law requires agencies to hold public hearings on proposed rules. If your petition is granted, actively participate in the hearing process.

Common Pitfalls to Avoid

1. Missing the exact language requirement. Unlike some states, Kansas law specifically requires the exact text of the proposed rule — not merely a description.
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. Ignoring the 60-day timeline. Track the statutory response deadline and follow up promptly.
5. Failing to check for pending rulemaking. The agency may already be considering rules on the same topic.

Timeline Expectations

• Agency response deadline: 60 days from petition submission (K.S.A. 77-420)
• Notice of proposed rulemaking: At least 60 days before hearing (K.S.A. 77-421)
• Rule effective date: 15 days after publication in Kansas Register (K.S.A. 77-426)
• Total rulemaking process (if initiated): 6-12 months from petition to effective date

SOURCES AND REFERENCES

Primary Kansas Statutes

• K.S.A. 77-420 — Petition for Adoption, Amendment, or Repeal of Rules (60-day response requirement)
• K.S.A. 77-415 et seq. — Rules and Regulations Filing Act
• K.S.A. 77-416 — Economic Impact Statement Requirement
• K.S.A. 77-421 — Notice of Hearing on Proposed Rules (60-day advance notice)
• K.S.A. 77-426 — Effective Date and Legislative Review of Rules
• K.S.A. 77-601 et seq. — Kansas Act for Judicial Review and Civil Enforcement of Agency Actions

Administrative Resources

• Kansas Register — Official publication for rulemaking notices
• Kansas Secretary of State, Administrative Regulations: https://sos.ks.gov/publications/pubs_kar.aspx
• Kansas Revisor of Statutes: https://ksrevisor.gov/
• Joint Committee on Administrative Rules and Regulations: Kansas Legislature
• 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 seeking to petition state agencies for rulemaking action. It should be adapted to the specific requirements of the target agency. All statutory citations should be verified for current accuracy before filing. This document does not constitute legal advice.