Petition for Reconsideration (Administrative Agency)

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 that any party, within fifteen (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 agency head must render a written decision within twenty (20) days after filing (or within thirty (30) days for proceedings before the State Corporation Commission).

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) provides:

"Any party, within fifteen (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."

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

B. Timeliness

☐ This Petition is timely. The Final Order was served on Petitioner on [__/__/____]. The fifteen-day deadline expires on [__/__/____]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Order served: [__/__/____]
• Applicable deadline: 15 days from service
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

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. § 77-613 (Kansas Judicial Review Act), a petition for judicial review must be filed within thirty (30) days after service of the agency's final order. Filing a timely petition for reconsideration under K.S.A. § 77-529 may affect the judicial review deadline — the thirty-day period for judicial review runs from the date of the agency's order on reconsideration. Consult Kansas counsel for the exact timeline.

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.

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 a Proposed Order on [__/__/____] [if applicable].

9. Exceptions/objections were filed on [__/__/____] [if applicable].

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

VI. SPECIFIC GROUNDS FOR RECONSIDERATION

Under K.S.A. § 77-529(a), the petition must state the "specific grounds" upon which relief is requested. Petitioner asserts the following:

☐ 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 Discovered Evidence
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 violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Kan. Const. Bill of Rights § 18)
☐ Equal protection
☐ Other: [________________________________]

☐ 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
☐ Bias of presiding officer
☐ 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

Under K.S.A. § 77-529(b), the agency head must issue a written order on reconsideration. An order on reconsideration that alters a prior order must be in writing and must include findings of fact, conclusions of law, and policy reasons for the decision. The agency head has broad authority to dissolve, modify, or set aside the final order upon finding errors of law, lack of evidentiary support, or other good cause.

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 or otherwise illegal (§ 77-621(c)(1));
• Beyond the statutory authority of the agency (§ 77-621(c)(2));
• Improperly exercised or unauthorized (§ 77-621(c)(3));
• Based on a determination of fact that is not supported by substantial evidence (§ 77-621(c)(7));
• Arbitrary, capricious, or otherwise unreasonable (§ 77-621(c)(8)).

These same standards guide reconsideration at the agency level.

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 pending resolution of this Petition and any subsequent judicial review.

☐ 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

This template may be used in proceedings before Kansas state agencies, including:

• Kansas Office of Administrative Hearings (KS-OAH) — neutral hearing body assigned by many agencies; agency heads retain authority over final orders
• Kansas Department of Health and Environment (KDHE) — environmental permits, public health licensing
• Kansas Department for Children and Families (DCF) — public assistance, child welfare
• Kansas Department of Labor — unemployment insurance, workers' compensation
• Kansas Department of Revenue — tax assessments, driver's license
• Kansas State Corporation Commission (SCC) — utility, pipeline, and transportation regulation (note: 30-day response deadline for SCC petitions under K.S.A. § 77-529)
• Kansas Department of Agriculture — agricultural licensing and enforcement
• Kansas professional licensing boards — medicine, nursing, real estate, cosmetology, etc.
• Kansas Insurance Department — insurance company and agent regulation
• Kansas Department of Corrections — inmate and supervision matters

State Corporation Commission Special Rule: For proceedings before the Kansas State Corporation Commission, the agency has thirty (30) days (rather than twenty days) to respond to a petition for reconsideration under K.S.A. § 77-529.

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

XII. VERIFICATION

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) after filing. If the agency head does not act within this period, the petition may be treated as denied.

If Petition is Denied:

1. Judicial Review — Kansas District Court: Under the Kansas Judicial Review Act (K.S.A. § 77-613), a petition for judicial review must be filed in the district court within thirty (30) days after service of the agency's final order on reconsideration. File in the district court of the county in which the party resides or does business, or in Shawnee County.

2. Stay of Agency Action: Under K.S.A. § 77-614, a party may request a stay of agency action pending judicial review.

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 Appeals: Appeals from district court rulings proceed to the Kansas Court of Appeals and, by petition, to the Kansas Supreme Court.

Important: The thirty-day judicial review deadline is strictly enforced. Consult a qualified Kansas attorney immediately upon denial of this Petition.

SOURCES AND REFERENCES

• K.S.A. § 77-529 (Reconsideration): https://ksrevisor.gov/statutes/chapters/ch77/077_005_0029.html
• K.S.A. Chapter 77, Article 5 (Kansas APA): https://ksrevisor.gov/statutes/chapters/ch77/
• Kansas Office of Administrative Hearings: https://oah.ks.gov/
• Kansas Judicial Review Act (K.S.A. § 77-601 et seq.): https://law.justia.com/codes/kansas/chapter-77/article-6/