Petition for Reconsideration (Administrative Agency) - Kansas

PETITION FOR RECONSIDERATION

Before the [________________________________]

State of Kansas

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

Docket No.: [________________________________]
Agency Case No.: [________________________________]

PETITION FOR RECONSIDERATION

Pursuant to K.S.A. § 77-529

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby files this Petition for Reconsideration of the final order issued by the [________________________________] (the "Agency") on [__/__/____], pursuant to K.S.A. § 77-529 and the Kansas Administrative Procedure Act (K.S.A. § 77-501 et seq.).

I. PRELIMINARY STATEMENT

K.S.A. 77-529 provides a reconsideration route for a final order. Before using this packet, confirm that another statute expressly makes the Kansas Administrative Procedure Act (KAPA) applicable to the proceeding, as K.S.A. 77-503(a) requires, and confirm that the challenged document is final. If the document is an initial order, the potentially applicable route is a petition for review under K.S.A. 77-527, not this petition.

For an ordinary covered final order, a party may file a petition for reconsideration with the agency head within fifteen (15) days after service, stating the specific grounds for relief. K.S.A. 77-503(c) governs calendar-day computation, weekends, legal holidays, and agency inaccessibility. K.S.A. 77-531(b) adds three days when the final order was served by mail or electronic means. The agency head must act in writing within twenty (20) days after filing; the Kansas Corporation Commission has the separate thirty-day rule described below.

The Final Order [describe adverse action: e.g., denied Petitioner's application / revoked Petitioner's license / imposed a civil penalty of $[____________] / upheld agency enforcement action against Petitioner]. For the reasons set forth herein, the Final Order is erroneous and should be vacated, modified, or remanded.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

K.S.A. § 77-529(a)(1) provides, in relevant part:

"Except as otherwise provided by paragraph (2), any party, within 15 days after service of a final order, may file a petition for reconsideration with the agency head, stating the specific grounds upon which relief is requested. The filing of the petition is not a prerequisite for seeking administrative or judicial review except as provided in K.S.A. 44-1010 and 44-1115, and amendments thereto, concerning orders of the Kansas human rights commission, K.S.A. 55-606 and 66-118b, and amendments thereto, concerning orders of the corporation commission."

This petition is filed pursuant to K.S.A. § 77-529 and [cite any applicable agency-specific rule: ________________________________].

B. Timeliness

☐ This Petition is timely under the completed calculation below.

Deadline Calculation:

• Challenged document is: ☐ Final order ☐ Initial order (stop and analyze K.S.A. 77-527)
• KAPA applies because this statute expressly incorporates it: K.S.A. [________________________________]
• Date Final Order served: [__/__/____]
• Method of service: ☐ Personal delivery ☐ Mail ☐ Electronic (with consent) ☐ Other: [____]
• Base period: ☐ 15 days under K.S.A. 77-529(a)(1) ☐ 30 days under K.S.A. 77-529(a)(2)
• Three days added under K.S.A. 77-531(b): ☐ Yes ☐ No
• Last day adjusted for weekend, legal holiday, or agency inaccessibility under K.S.A. 77-503(c): ☐ Yes ☐ No
• Calculated filing deadline: [__/__/____]
• Date and time filed: [__/__/____] [____:____] ☐ a.m. ☐ p.m.
• Filing method and receipt confirmation: [________________________________]

C. Agency Head Response Deadline

Under K.S.A. § 77-529(b), the agency head must render a written decision within twenty (20) days after filing of the petition (or thirty (30) days for State Corporation Commission proceedings). The agency head may: (1) deny the petition; (2) grant the petition and dissolve or modify the final order; or (3) grant the petition and set the matter for further proceedings.

D. Effect on Judicial Review

Under K.S.A. 77-529(a)(1), filing a petition for reconsideration is generally not a prerequisite to seeking judicial review. The following statutes create important agency-specific routes:

☐ Kansas Human Rights Commission order or decision — K.S.A. 44-1010 generally requires reconsideration before a court cause of action accrues and limits court grounds to those raised in the petition. For an age-discrimination complaint dismissed under the specific 300-day procedure in K.S.A. 44-1115, however, the statute deems remedies exhausted without a reconsideration petition. Classify the disposition before selecting this route.
☐ Kansas Corporation Commission order or decision — K.S.A. 66-118b generally makes reconsideration a condition precedent for a party and limits court grounds to those raised in the petition. For an action under K.S.A. 55-601 through 55-609, K.S.A. 55-606(b) requires a party to the agency proceeding to petition first but preserves a separate judicial-review route for an aggrieved nonparty. Classify the claimant and governing Commission statute.

Under K.S.A. § 77-613(b)-(c) (Kansas Judicial Review Act):

• If reconsideration was not requested and is not a prerequisite, a petition for judicial review must be filed within thirty (30) days after service of the final order.
• If reconsideration was requested (or is a prerequisite), a petition for judicial review generally must be filed within thirty (30) days after service of the order on reconsideration, within thirty days after service of an order denying reconsideration, or (for Corporation Commission proceedings) within thirty days after the request is deemed denied. Apply K.S.A. 77-613(e)'s service rules, including its three-day addition after mail or authorized electronic service, and any controlling agency-specific statute.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Registration No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Kansas Bar No. (if attorney): [____________________]

B. Respondent Agency / Agency Head

Agency Name: [________________________________]
Agency Head (Director/Secretary/Chair): [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]

C. Kansas Office of Administrative Hearings (if applicable)

Presiding Officer at Hearing: [________________________________]
KS-OAH Case No.: [________________________________]

D. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE ORDER CHALLENGED

A. The Final Order

1. Title/Description: [________________________________]
2. Date Issued: [__/__/____]
3. Date Served on Petitioner: [__/__/____]
4. Order Number/Reference: [________________________________]
5. Presiding Officer at Hearing: [________________________________]

B. Summary of the Final Order

The Final Order found: [________________________________]

The Final Order directed/imposed: [________________________________]

A copy of the Final Order is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency issued a Notice of Action proposing to [describe action]"].

2. On [__/__/____], Petitioner [describe response, e.g., "timely requested a formal hearing before the Kansas Office of Administrative Hearings"].

3. ☐ The Kansas Office of Administrative Hearings assigned Presiding Officer [________________________________] to the matter. ☐ Another presiding officer served: [________________________________].

4. A hearing was held on [__/__/____] at [________________________________], Kansas.

5. The following witnesses testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. The following exhibits were admitted into evidence:
   - [________________________________]
   - [________________________________]

7. Post-hearing briefing:
   - Petitioner's brief submitted: [__/__/____]
   - Agency's brief submitted: [__/__/____]

8. The Presiding Officer issued an Initial Order on [__/__/____] [if applicable].

9. A petition for review of the Initial Order under K.S.A. 77-527 was filed on [__/__/____] [if applicable].

10. The Agency Head issued the Final Order on [__/__/____].

VI. SPECIFIC GROUNDS FOR RECONSIDERATION

K.S.A. 77-529(a) requires the petition to state the "specific grounds" for relief but does not supply a universal list of reconsideration grounds. Use only categories supported by the record, the agency's organic law, and any agency-specific rule. K.S.A. 77-621(c) governs later judicial review; citing one of its standards here preserves an issue but does not make that standard an independent agency-level reconsideration rule.

☐ Ground 1: Error of Law
The Final Order contains errors in the interpretation or application of Kansas law.

Cite statute/rule: [________________________________]
Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact are not supported by substantial evidence when viewed in light of the record as a whole, in violation of K.S.A. § 77-621(c)(7).

Unsupported findings:

• Finding: [________________________________]; Contrary evidence: [________________________________]
• Finding: [________________________________]; Contrary evidence: [________________________________]

☐ Ground 3: Newly Available Evidence (only if the agency may consider it)
Material evidence not reasonably available at the time of the hearing has been discovered.

Description: [________________________________]
Reason not available: [________________________________]
How it would affect the outcome: [________________________________]

☐ Ground 4: Agency Exceeded Its Authority
The Agency's action exceeds its statutory authority or jurisdiction under Kansas law.

Statutory provision at issue: [________________________________]
How authority was exceeded: [________________________________]

☐ Ground 5: Arbitrary, Capricious, or Abuse of Discretion
The Final Order is arbitrary, capricious, or an abuse of discretion, in violation of K.S.A. § 77-621(c)(8).

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Final Order, or the law on which it relies, is unconstitutional on its face or as applied under the following exact provision: [________________________________].

☐ Ground 7: Procedural Error
A material procedural error deprived Petitioner of a fair hearing:
☐ Inadequate notice of hearing or charges
☐ Evidence improperly admitted or excluded
☐ Denial of right to present witnesses or cross-examine
☐ Disqualification, bias, prejudice, or interest of the presiding officer under K.S.A. 77-514
☐ Other: [________________________________]

☐ Ground 8: Order Contrary to Agency Policy or Prior Decisions
The Final Order departs from established agency policy or prior agency decisions without adequate explanation.

Prior decision/policy at issue: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a clear, numbered factual narrative:]

1. Petitioner [________________________________] is a [describe: individual/business entity/licensee/regulated party] who [describe relevant background, including license or permit number if applicable].

2. On [__/__/____], [describe the key triggering event or agency action].

3. On [__/__/____], [describe next relevant event].

4. [Continue as needed.]

B. Factual Errors or Unsupported Findings in the Final Order

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration Under K.S.A. § 77-529

K.S.A. 77-529(a) requires specific grounds. Under subsection (b), the agency head must issue a written order denying the petition, granting it and dissolving or modifying the final order, or granting it and setting the matter for further proceedings. An order that alters a prior order must include findings of fact, conclusions of law, and policy reasons. The statute does not itself enumerate the substantive grounds on which reconsideration must be granted.

B. Kansas Judicial Review Act Standards

Under K.S.A. § 77-621(c), a court reviewing an agency action shall grant relief if the action is:

• Unconstitutional on its face or as applied (§ 77-621(c)(1));
• Beyond the agency's legally conferred jurisdiction (§ 77-621(c)(2));
• Missing a decision on an issue requiring resolution (§ 77-621(c)(3));
• Based on an erroneous interpretation or application of law (§ 77-621(c)(4));
• Reached through an unlawful procedure or failure to follow prescribed procedure (§ 77-621(c)(5));
• Taken by an improperly constituted or disqualified decision-making body (§ 77-621(c)(6));
• Based on a factual determination lacking substantial evidentiary support in light of the record as a whole (§ 77-621(c)(7)); or
• Otherwise unreasonable, arbitrary, or capricious (§ 77-621(c)(8)).

These are judicial-review standards. If Petitioner uses one as a reconsideration ground, Petitioner should tie it to the agency's authority to correct the identified final-order defect and preserve the issue with record citations.

C. Argument on Ground 1: [State Ground Title]

The Final Order erred as a matter of law in [________________________________]. K.S.A. § [____] provides that [________________________________]. The Agency's interpretation or application of this statute is incorrect because [________________________________].

The Kansas Supreme Court / Court of Appeals in [________________________________] held that [________________________________]. Under this controlling authority, [________________________________].

D. Argument on Ground 2: [Insufficient Evidence]

The following findings are not supported by substantial evidence when viewed in light of the record as a whole:

Finding [____]: The Agency found [________________________________]. The record evidence contradicts this finding. [Exhibit [____]] demonstrates [________________________________]. Testimony of [________________________________] (Tr. p. [____]) establishes [________________________________]. The Agency's finding therefore lacks the substantial evidentiary support required under K.S.A. § 77-621(c)(7).

E. [Continue for Each Ground Asserted]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency Head:

☐ 1. Grant this Petition for Reconsideration.

☐ 2. Dissolve the Final Order in its entirety.

☐ 3. Modify the Final Order as follows: [________________________________]

☐ 4. Set the matter for further proceedings on the following issues: [________________________________]

☐ 5. Stay enforcement of the Final Order under the agency's identified stay authority: [________________________________]

☐ 6. Reinstate Petitioner's [license/permit/registration]: [________________________________]

☐ 7. Reduce the [penalty/fine/assessment] to: $[____________]

☐ 8. Grant such other and further relief as is just and proper.

X. LIST OF EXHIBITS

XI. KANSAS-SPECIFIC AGENCY NOTES

Complete this route classification before filing:

☐ KAPA coverage: The proceeding's organic statute expressly makes KAPA applicable, as required by K.S.A. 77-503(a). Citation: [________________________________]

☐ Order status: The challenged document is a final order under K.S.A. 77-526 or 77-527. If it is an initial order, use the K.S.A. 77-527 review route and deadline instead.

☐ Office of Administrative Hearings: OAH conducted the fair and impartial hearing identified in the record. Under K.S.A. 77-514 and 77-526, whether the presiding officer renders an initial or final order depends on the officer's role and designation; do not assume every OAH order is merely proposed or that every agency head automatically redecides it.

☐ Agency-specific procedure: The agency's organic statute, current rules, final order, and filing instructions have been checked for a different deadline, required contents, verification, filing recipient, filing method, stay rule, or further reconsideration requirement. Sources checked: [________________________________]

Kansas Corporation Commission Special Rule: The Commission has thirty (30) days to issue an order on reconsideration, and K.S.A. 77-529(b) deems the petition denied if it is not disposed of within that time. K.S.A. 66-118b generally makes reconsideration a condition precedent for a party; K.S.A. 55-606(b) preserves the narrower aggrieved-nonparty route described above.

Board of Tax Appeals Special Rule: For the narrow class of property-tax-exemption petitions described in K.S.A. § 77-529(a)(2), the filing deadline is thirty (30) days (not 15 days), and the petition is filed with BOTA rather than the agency head.

Kansas Human Rights Commission Special Rule: K.S.A. 44-1010 generally requires reconsideration of a Commission order or decision before a court cause of action accrues and limits later court grounds to those stated in the petition. K.S.A. 44-1115 creates a different result for the specific age-discrimination complaint dismissal described there: that dismissal exhausts administrative remedies without reconsideration.

Verification Requirement: Some Kansas agencies require that petitions for reconsideration be verified (sworn). Check the applicable agency rules before filing.

XII. OPTIONAL VERIFICATION — USE ONLY IF REQUIRED

Do not notarize this section merely because it appears in the packet. Complete it only if the agency's current organic statute, rule, order, or filing instruction requires a verified petition.

I, [________________________________], being first duly sworn, state that I am the Petitioner [or authorized agent/representative of Petitioner]; that I have read the foregoing Petition for Reconsideration; and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Signature

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public, State of Kansas

My Commission Expires: [__/__/____]

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following by the method indicated:

Agency Head:
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted): [________________________________]

Agency Counsel:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Other Parties of Record:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Kansas, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Kansas Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

Agency Response Deadline: The agency head must respond within twenty (20) days (or thirty (30) days for SCC matters, deemed denied if not disposed of within that time) after filing.

If the Agency Does Not Act at All: Under K.S.A. § 77-631(b), if an agency other than the Kansas Corporation Commission fails to act on a timely petition for reconsideration within the time prescribed by K.S.A. § 77-529, a party may petition for judicial review of the final order at any time within ninety (90) days of service of the final order. Apply the K.S.A. 77-613(e) service rule when applicable. If, before that petition for judicial review is filed, the agency grants reconsideration, the ordinary K.S.A. 77-613(c) deadlines apply instead. Do not assume agency silence alone converts to a 30-day deadline.

If Petition is Denied (or Granted/Modified):

1. Judicial Review: Under K.S.A. 77-613(c), a petition for judicial review generally must be filed within thirty (30) days after service of the order rendered upon reconsideration, within thirty days after service of an order denying reconsideration, or (for Corporation Commission proceedings) within thirty days after the request is deemed denied. Apply the three-day service addition in K.S.A. 77-613(e) when applicable. K.S.A. 77-609 generally places review in district court and venue where the order or agency action is entered or effective, but its listed exceptions and other law can supply a different court or venue. K.S.A. 77-614 supplies petition contents.

2. Stay of Agency Action: Under K.S.A. § 77-616, an agency may grant a stay during the pendency of judicial review (unless precluded by law), or a party may request a stay from the reviewing court by motion.

3. Standard of Review: K.S.A. § 77-621 governs judicial review. Courts review the record and may grant relief on the grounds enumerated in § 77-621(c).

4. Further Review: Identify the appellate route, deadline, and governing Kansas Supreme Court rules from the reviewing court's judgment and current law: [________________________________]

Important: Calendar every possible judicial-review deadline immediately and obtain Kansas counsel's calculation before the earliest possible deadline.

SOURCES AND REFERENCES

• K.S.A. 77-501 (Kansas Administrative Procedure Act title and range): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0001.html
• K.S.A. 77-503 (KAPA coverage and time computation): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0003.html
• K.S.A. 77-514 (presiding officer): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0014.html
• K.S.A. 77-526 (initial and final orders): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0026.html
• K.S.A. 77-527 (review of initial order): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0027.html
• K.S.A. 77-529 (reconsideration): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0029.html
• K.S.A. 77-531 (service): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0031.html
• K.S.A. 77-609 (court and venue): https://ksrevisor.gov/statutes/chapters/ch77/077_006_0009.html
• K.S.A. 77-613 (judicial-review time and service): https://ksrevisor.gov/statutes/chapters/ch77/077_006_0013.html
• K.S.A. 77-614 (petition contents): https://ksrevisor.gov/statutes/chapters/ch77/077_006_0014.html
• K.S.A. 77-616 (stay during judicial review): https://ksrevisor.gov/statutes/chapters/ch77/077_006_0016.html
• K.S.A. 77-621 (scope of review): https://ksrevisor.gov/statutes/chapters/ch77/077_006_0021.html
• K.S.A. 77-631 (agency inaction): https://ksrevisor.gov/statutes/chapters/ch77/077_006_0031.html
• K.S.A. 44-1010 and 44-1115 (KHRC routes): https://ksrevisor.gov/statutes/chapters/ch44/044_010_0010.html and https://ksrevisor.gov/statutes/chapters/ch44/044_011_0015.html
• K.S.A. 55-606 and 66-118b (Corporation Commission routes): https://ksrevisor.gov/statutes/chapters/ch55/055_006_0006.html and https://ksrevisor.gov/statutes/chapters/ch66/066_001_0018b.html
• Kan. Const. art. 11, § 13 and K.S.A. 79-201a: https://ksrevisor.gov/kanconst/093_011_0013.html and https://ksrevisor.gov/statutes/chapters/ch79/079_002_0001a.html
• 2026 Session Laws of Kansas, Vols. 1-2 (amended/repealed index): https://www.sos.ks.gov/publications/sessionlaws/2026/2026-Session-Laws-Book-1.pdf and https://www.sos.ks.gov/publications/sessionlaws/2026/2026-Session-Laws-Book-2.pdf
• Kansas Office of Administrative Hearings: https://oah.ks.gov/