Professional Licensing Appeal - Kansas

PROFESSIONAL LICENSING APPEAL — KANSAS

Table of Contents

1. Appeal Cover Letter
2. Petition for Judicial Review
3. Statement of Issues for Review
4. Grounds for Appeal
5. Motion for Stay of Disciplinary Action Pending Appeal
6. Hearing Procedures
7. Evidence and Record on Appeal
8. Standard of Review
9. Separate Reinstatement Route Worksheet
10. Licensing-Board Source Worksheet
11. Document Checklist
12. Practice Tips
13. Sources and References

1. APPEAL COVER LETTER

Use this cover letter only after confirming that district court—not the Court of Appeals or another tribunal—is the reviewing court.

[__/__/____]

Clerk of the District Court
[________________________________] County
[________________________________]
[________________________________]

Re: Petition for Judicial Review — [________________________________] v. [________________________________]

Dear Clerk:

Enclosed please find for filing the following documents in the above-referenced matter:

☐ Petition for Judicial Review of Final Agency Action
☐ Duplicate copy, summary, or brief description of the final agency action for K.S.A. 77-614(b)(3)
☐ Filing fee of $[____] (check payable to Clerk of the District Court)
☐ Certificate showing service on the agency recipient and notice to the other agency-proceeding parties under K.S.A. 77-615
☐ Motion for review of the agency's stay decision under K.S.A. 77-616 (if applicable)
☐ Agency stay application and agency stay order attached to that motion
☐ Proposed Order for Stay (if applicable)
☐ Entry of Appearance of Counsel

Please file-stamp the enclosed copies and return them in the self-addressed, stamped envelope provided.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]
Kansas Bar No. [____]

2. PETITION FOR JUDICIAL REVIEW

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

Case No.: [________________________________]

PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY ACTION

COMES NOW Petitioner, [________________________________], by and through undersigned counsel, and pursuant to the Kansas Judicial Review Act, K.S.A. 77-601 et seq., files this Petition for Judicial Review of the final order of [________________________________] (hereinafter "Board" or "Agency"), and in support thereof states as follows:

I. PARTIES

1. Petitioner [________________________________] is an individual whose mailing address is [________________________________], [________________________________] County, Kansas, and holder of [________________________________] License No. [____], issued by the Board.

2. Respondent [________________________________] is the agency whose action is at issue. Its mailing address is [________________________________].

2A. The persons who were parties in the adjudicative proceeding that led to the agency action are:

II. JURISDICTION AND VENUE

3. This Petition invokes the Kansas Judicial Review Act, K.S.A. 77-601 through 77-631. K.S.A. 77-603 applies the Act to agency-review proceedings not specifically exempted by statute, and K.S.A. 77-607 conditions review of final agency action on standing, exhaustion, timeliness, and other applicable preconditions.

4. Court and venue route:
   - The final order identifies the reviewing court or agency-specific route as: [________________________________]
   - No statute directing review to the Court of Appeals or another court applies: ☐ Confirmed ☐ Not confirmed
   - Subject to the exceptions listed in K.S.A. 77-609 and other controlling law, district-court venue is the county where the order or agency action was entered or is effective: [________________________________] County.

III. TIMELINESS

5. On [__/__/____], the Board served its Final Order upon Petitioner by [________________________________] (personal service/certified mail/electronic service).

6. This Petition is timely under K.S.A. 77-613 and the completed calculation below:
   - Reconsideration was: ☐ Not requested and not required ☐ Requested ☐ Required by agency-specific statute
   - Applicable subsection and trigger: K.S.A. 77-613[____] — [________________________________]
   - Service date: [__/__/____]
   - Service method: ☐ Delivery ☐ Mail ☐ Authorized electronic service ☐ Other: [____]
   - Three days added under K.S.A. 77-613(e): ☐ Yes ☐ No
   - Filing deadline: [__/__/____]
   - Filing date and time: [__/__/____] [____:____] ☐ a.m. ☐ p.m.

7. Petitioner has standing under K.S.A. 77-611 because [________________________________]. Petitioner has exhausted all required administrative remedies under K.S.A. 77-612, or relies on this statutory exception: [________________________________]. Reconsideration was not required unless the following statute made it a prerequisite: [________________________________].

IV. STATEMENT OF THE CASE

8. Petitioner holds a [________________________________] license issued by the Board on [__/__/____].

9. On [__/__/____], the Board initiated disciplinary proceedings against Petitioner by filing a [________________________________] (Petition/Complaint/Notice of Hearing/Order to Show Cause).

10. The disciplinary action alleged the following violations: [________________________________].

11. An administrative hearing was conducted before [________________________________] (Administrative Law Judge/Presiding Officer) on [__/__/____].

12. On [__/__/____], the presiding officer issued a [________________________________] (Initial Order/Final Order). Under K.S.A. 77-526 and 77-527, the order's status depends on the presiding officer's role, designation, and any agency-head review.

13. On [__/__/____], the Board issued or adopted the Final Order under review and imposed the following discipline: [________________________________].

V. AGENCY ACTION UNDER REVIEW

14. Petitioner seeks judicial review of the Board's Final Order dated [__/__/____], a copy of which is attached hereto as Exhibit A.

VI. REASONS FOR RELIEF

15. [________________________________] (Set forth reasons Petitioner believes relief should be granted, including specific legal and factual bases.)

16. [________________________________]

17. [________________________________]

VII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

(a) Grant relief on the proven K.S.A. 77-621(c) grounds and exercise the authorized remedies in K.S.A. 77-622;

(b) Set aside or modify the Final Order, or order legally required agency action, to the extent authorized by K.S.A. 77-622 and the Board's organic law;

(c) Remand the matter to the Board with specific instructions, as appropriate;

(d) Review the Agency's action on Petitioner's stay application and grant the relief authorized by K.S.A. 77-616, if a stay motion is filed;

(e) Award only those costs, attorney fees, witness fees, damages, or compensation expressly authorized by identified law: [________________________________]; and

(f) Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
[________________________________]
Kansas Bar No. [____]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

OPTIONAL DECLARATION OR VERIFICATION

K.S.A. 77-614 does not list verification among the required petition contents. Use the following only if a controlling statute, rule, or court requirement calls for it.

STATE OF KANSAS )
COUNTY OF [________________] )

ss.

I, [________________________________], being duly sworn, state that I am the Petitioner in this action, that I have read the foregoing Petition for Judicial Review, and that the statements of fact contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Petitioner

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

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition for Judicial Review was served or notice was given as follows under K.S.A. 77-615:

☐ Agency head, designated recipient, designated agency officer, or officer who signed the order: [________________________________] at [________________________________]
☐ Notice to every other party in the adjudicative proceeding: [________________________________]
☐ Additional recipient required by another statute or rule: [________________________________]

By: ☐ Personal delivery ☐ Mail ☐ Electronic service authorized by Supreme Court or local rule

[________________________________]
Attorney for Petitioner

3. STATEMENT OF ISSUES FOR REVIEW

Petitioner presents the following issues for judicial review:

Issue 1: Whether the Board's findings of fact are supported by substantial evidence when viewed in light of the record as a whole. (K.S.A. 77-621(c)(7))

Issue 2: Whether the Board committed an error of law or erroneously interpreted or applied the law. (K.S.A. 77-621(c)(4))

Issue 3: Whether the Board's action was arbitrary, capricious, or unreasonable. (K.S.A. 77-621(c)(8))

Issue 4: Whether the Board followed lawful procedure in conducting the disciplinary proceedings. (K.S.A. 77-621(c)(5))

Issue 5: Whether the Board acted beyond its statutory authority or jurisdiction. (K.S.A. 77-621(c)(2))

Issue 6: Whether the sanction is otherwise unreasonable, arbitrary, or capricious on the record and under the Board's organic law. (K.S.A. 77-621(c)(8))

Issue 7: [________________________________]

4. GROUNDS FOR APPEAL

Under K.S.A. 77-621(c), the court shall grant relief if it determines any one or more of the following grounds exist:

☐ (1) Unconstitutionality — The agency action, or the statute or rule and regulation on which the agency action is based, is unconstitutional on its face or as applied.

☐ (2) Exceeds Statutory Authority — The agency has acted beyond the jurisdiction conferred by any provision of law.

☐ (3) Required Issue Not Decided — The agency has not decided an issue requiring resolution.

☐ (4) Error of Law — The agency has erroneously interpreted or applied the law.

☐ (5) Unlawful Procedure — The agency has engaged in an unlawful procedure or has failed to follow prescribed procedure.

☐ (6) Improper Decision-Maker — The persons taking the agency action were improperly constituted as a decision-making body or subject to disqualification.

☐ (7) Unsupported by Substantial Evidence — The agency action is based on a determination of fact, made or implied by the agency, that is not supported to the appropriate standard of proof by evidence that is substantial when viewed in light of the record as a whole.

☐ (8) Arbitrary, Capricious, or Unreasonable — The agency action is otherwise unreasonable, arbitrary, or capricious.

5. MOTION FOR STAY OF DISCIPLINARY ACTION PENDING APPEAL

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

Case No. [________________________________]

MOTION FOR REVIEW OF AGENCY ACTION ON APPLICATION FOR STAY

COMES NOW Petitioner, [________________________________], and pursuant to K.S.A. 77-616, seeks interlocutory review of the Agency's action on Petitioner's application for a stay or other temporary remedy.

1. Petitioner has filed a Petition for Judicial Review of the Board's Final Order in this Court.

2. On [__/__/____], Petitioner applied to the Agency for the following stay or temporary remedy: [________________________________]. The application is attached as Exhibit [____].

3. On [__/__/____], the Agency ☐ denied the application ☐ granted relief on disputed terms ☐ took other action: [________________________________]. The Agency's action is attached as Exhibit [____].

4. The Board's organic law does not preclude a stay, except as follows: [________________________________]. K.S.A. 77-616(g)'s Corporation Commission exclusion ☐ does ☐ does not apply.

5. Select the applicable court standard:

☐ The Agency found its stay action justified by a substantial threat to public health, safety, or welfare. Under K.S.A. 77-616(c), Petitioner addresses all four required findings:

• Petitioner is likely to prevail when the court finally disposes of the matter because [________________________________].
• Without relief, Petitioner will suffer irreparable injury because [________________________________].
• Relief will not substantially harm other parties because [________________________________].
• The asserted public-health, safety, or welfare threat is not sufficiently serious to justify the Agency's action because [________________________________].

☐ K.S.A. 77-616(c) does not apply. Under subsection (d), the Agency's action on the stay application was unreasonable in the circumstances because [________________________________].

6. Under K.S.A. 77-616(e), Petitioner requests that the Court ☐ remand with directions ☐ deny a stay ☐ grant a stay on appropriate terms ☐ grant another temporary remedy: [________________________________]. Proposed bond or alternative terms, if any: [________________________________].

7. Petitioner does not request an ex parte order except to the extent authorized by Kansas Supreme Court rule, as required by K.S.A. 77-616(f).

WHEREFORE, Petitioner requests the relief selected above pending final disposition of the Petition for Judicial Review.

[________________________________]
Attorney for Petitioner

6. HEARING PROCEDURES

Kansas Administrative Hearing Process

Pre-Hearing:
☐ Agency files formal complaint or petition
☐ Licensee receives Notice of Hearing (K.S.A. 77-518)
☐ Licensee files answer or responsive pleading within time specified
☐ Prehearing conference and order handled under K.S.A. 77-516 and 77-517
☐ Discovery conducted to the extent allowed by the presiding officer or agreed by the parties under K.S.A. 77-522
☐ Motions and briefs filed as directed

Hearing:
☐ Presiding officer identified under K.S.A. 77-514 and any controlling organic statute
☐ Parties afforded the K.S.A. 77-523 opportunity to respond, present evidence and argument, cross-examine, and submit rebuttal evidence
☐ Evidence handled under K.S.A. 77-524; technical evidence rules are not binding, privileges remain effective, and testimony is under oath or affirmation
☐ Hearing recorded at agency expense under K.S.A. 77-523(e); any party-funded transcript or additional recording arranged under that subsection
☐ Official formal-hearing record maintained under K.S.A. 77-532

Post-Hearing:
☐ Presiding officer issues an Initial Order or Final Order under K.S.A. 77-526
☐ If an Initial Order issued, any petition for agency-head review is filed under K.S.A. 77-527
☐ Agency head issues a Final Order or remands as authorized by K.S.A. 77-527
☐ Final Order served on all parties
☐ Petition for reconsideration of the Final Order may be filed within 15 days after service, subject to K.S.A. 77-503(c) and the three-day addition in K.S.A. 77-531(b) after mail or electronic service (K.S.A. 77-529)

Judicial Review (District Court):
☐ Petition for Judicial Review filed within the K.S.A. 77-613 period, including its three-day addition after mail or authorized electronic service when applicable
☐ Petition served and notice given under K.S.A. 77-615
☐ Agency record transmitted to court under K.S.A. 77-620
☐ Briefing schedule established by court
☐ Any additional-evidence request analyzed under K.S.A. 77-619
☐ Relief requested under K.S.A. 77-621 and 77-622

Further Appeal:
☐ Higher review analyzed under K.S.A. 77-623 and the current appellate rules applicable to the judgment

7. EVIDENCE AND RECORD ON APPEAL

Request for Agency Record

K.S.A. 77-620 requires the agency, generally within 30 days after service of the petition for judicial review unless more time is allowed, to transmit the original or a certified copy of the agency record. For a KAPA formal hearing, compare the transmitted record with K.S.A. 77-532's exclusive record categories:

☐ Notice of all proceedings
☐ Any prehearing order
☐ Motions, pleadings, briefs, petitions, requests, and intermediate rulings
☐ Evidence received or considered
☐ A statement of matters officially noticed
☐ Proffers of proof and objections and rulings thereon
☐ Proposed findings, requested orders, and exceptions
☐ The hearing record prepared for the presiding officer and any transcript considered before final disposition
☐ Final Order, Initial Order, and any order on reconsideration
☐ Nonconfidential staff memoranda or data submitted to the presiding officer
☐ Oral or written nonparty statements allowed under K.S.A. 77-523

Record Costs

Unless the court orders otherwise, K.S.A. 77-620(b) places the cost of a necessary transcript on the appellant. The court may allocate costs under subsection (d) when a party unreasonably refuses to stipulate to a shortened, summarized, or organized record.

Additional Evidence

K.S.A. 77-619(a) permits the court itself to receive additional evidence only when it relates to the validity of the agency action when taken and is needed to decide disputed decision-maker/disqualification issues or unlawful procedure/decision-making-process issues. Subsection (b) instead permits remand for agency fact-finding when an adequate record was not preserved, qualifying new evidence became available, evidence was improperly excluded or omitted, or a relevant law changed and may control the outcome.

8. STANDARD OF REVIEW

K.S.A. 77-621 — Scope of Judicial Review

The reviewing court applies the following standards:

Burden of Proof: The party asserting the invalidity of the agency action bears the burden of proving it. K.S.A. 77-621(a)(1).

Judicial-Review Limits: The court may grant relief only on a ground listed in K.S.A. 77-621(c), and it may not reweigh the evidence or conduct de novo review of the factual record. K.S.A. 77-621(c), (d).

Substantial Evidence Test: Under K.S.A. 77-621(c)(7) and (d), the court evaluates whether the factual determination is supported to the appropriate standard of proof by substantial evidence in light of the record as a whole, considering cited evidence that supports and detracts from the finding while respecting demeanor-based credibility determinations. The court does not reweigh evidence or conduct de novo factual review.

Questions of Law: The court may grant relief if the agency erroneously interpreted or applied the law. K.S.A. 77-621(c)(4).

Sanction Challenge: A challenge to the sanction must identify how the agency action is otherwise unreasonable, arbitrary, or capricious under K.S.A. 77-621(c)(8), together with the Board's organic-law limits and the record supporting that contention.

9. SEPARATE REINSTATEMENT ROUTE WORKSHEET

Reinstatement after revocation or surrender is not created by the general KJRA provisions verified for this appeal packet. Use this section only after identifying the Board's current organic statute, regulations, forms, waiting period, eligibility test, evidence requirements, fee, and filing method.

IN THE MATTER OF THE [________________________________] LICENSE OF:

[________________________________]
License No. [____]

PETITION FOR REINSTATEMENT OF LICENSE

TO THE [________________________________] (Board/Agency):

Petitioner, [________________________________], submits this request only under the following verified Board-specific authority: [________________________________].

I. Background

1. Petitioner was licensed as a [________________________________] in Kansas under License No. [____], effective [__/__/____].

2. On [__/__/____], the Board issued an order of [________________________________] (revocation/surrender) based on [________________________________].

3. The verified waiting period and eligibility rule are: [________________________________]. The period began on [__/__/____] and permits filing on [__/__/____].

II. Grounds for Reinstatement

4. Petitioner has been rehabilitated and is fit to resume practice because:

☐ Completion of required continuing education: [________________________________]
☐ Completion of remedial training or coursework: [________________________________]
☐ Compliance with substance abuse treatment program: [________________________________]
☐ Mental health treatment and clearance: [________________________________]
☐ Payment of all outstanding fines and costs: [________________________________]
☐ Community service completed: [________________________________]
☐ Letters of support from colleagues and professionals: [________________________________]
☐ No subsequent criminal convictions or disciplinary actions: [________________________________]
☐ Other evidence of rehabilitation: [________________________________]

III. Supporting Documentation

☐ Personal statement addressing misconduct and rehabilitation
☐ Character reference letters (minimum [____])
☐ Proof of continuing education
☐ Treatment records (if applicable, with appropriate waivers)
☐ Criminal background check
☐ Employment history since revocation
☐ Evidence of community involvement
☐ Current examination scores (if required by Board)

IV. Relief Requested

Petitioner requests only the relief authorized by the Board-specific authority identified above: [________________________________].

Date: [__/__/____]

[________________________________]
Petitioner / Attorney for Petitioner

10. LICENSING-BOARD SOURCE WORKSHEET

Do not rely on a static address or profession list in this packet. Record the current official sources used for this case:

11. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtain the Final Order and identify whether K.S.A. 77-614(b)(3) will be satisfied by a duplicate copy, summary, or brief description
☐ Verify the K.S.A. 77-613 filing deadline from the service date and method, including the three-day addition after mail or authorized electronic service when applicable
☐ Confirm standing, finality, exhaustion, and whether reconsideration is required (K.S.A. 77-607, 77-611, and 77-612)
☐ Identify the reviewing court and venue under K.S.A. 77-609 and the Board's organic law
☐ Calculate and obtain filing fee
☐ Prepare Petition for Judicial Review per K.S.A. 77-614

Filing Checklist

☐ Petition for Judicial Review (original plus copies per local rule)
☐ Duplicate copy, summary, or brief description of the agency action (Exhibit A or petition text)
☐ Filing fee payment
☐ Entry of Appearance
☐ Certificate of Service
☐ Motion under K.S.A. 77-616, with the prior agency stay application and agency action, if seeking court relief
☐ Proposed Order for Stay
☐ Civil cover sheet (if required by local rule)

Service Requirements

☐ Serve the agency head, designated recipient, designated agency officer, or officer who signed the order under K.S.A. 77-615(a), using K.S.A. 77-613(e)'s manner of service
☐ Give notice to every other party in the adjudicative proceeding under K.S.A. 77-615(b)
☐ Complete any additional service required by the Board's organic statute, agency rule, or court rule: [________________________________]
☐ File proof of service with the court

Post-Filing Checklist

☐ Monitor the agency's K.S.A. 77-620 record transmission deadline
☐ Review transmitted record for completeness
☐ File any objections to record within prescribed time
☐ Prepare and file opening brief per court schedule
☐ Review respondent's brief
☐ Prepare and file reply brief (if permitted)
☐ Attend oral argument (if scheduled)
☐ Review court's decision and determine further appellate options

12. PRACTICE TIPS

Timing Considerations

• Calculate from service. K.S.A. 77-613 generally uses a 30-day period, but subsection (e) adds three days after mail or authorized electronic service. Record the service method and any controlling agency-specific statute.
• Petition for reconsideration. K.S.A. 77-529 applies to a final order; a timely petition generally changes the judicial-review trigger under K.S.A. 77-613(c). Review of an initial order instead proceeds under K.S.A. 77-527.
• File early. Do not wait until the last day; court closures, filing system issues, or service delays can create problems.

Strategic Considerations

• Preserve the record. K.S.A. 77-532(c) generally makes the agency record the exclusive basis for the agency action and judicial review, subject to K.S.A. 77-619's narrow additional-evidence and remand routes. Raise record objections and legal issues at the stage required by controlling law.
• Map each review ground exactly. Use the current K.S.A. 77-621(c) subsection and cite the record supporting that ground; the court does not reweigh evidence or conduct de novo factual review.
• Apply to the agency for a stay first. K.S.A. 77-616(b) authorizes a court motion for interlocutory review of the agency's action on a stay application. Attach the agency application and decision, then apply the correct subsection (c) or (d) standard.
• Consider settlement. Before or during the appeal, explore whether the Board may agree to a consent order with reduced sanctions or conditions.

Common Pitfalls

• Failing to exhaust administrative remedies before filing the petition
• Calculating a flat 30-day period without checking the service method, reconsideration trigger, or agency-specific statute
• Serving the wrong agency recipient or failing to notify another party under K.S.A. 77-615
• Attempting to introduce new evidence on appeal without meeting statutory exceptions
• Failing to obtain and review the complete agency record
• Not preserving specific legal objections during the administrative hearing

Fee and Cost Considerations

• Filing fees vary by district court; check with the clerk
• Unless the court orders otherwise, the appellant pays for a transcript needed for the transmitted record under K.S.A. 77-620(b)
• K.S.A. 77-622 permits attorney fees, witness fees, damages, or compensation only to the extent another law expressly authorizes them
• Consider the cost-benefit analysis of appeal versus compliance with sanctions

13. SOURCES AND REFERENCES

Statutes

• K.S.A. 77-503, 77-514, 77-516 through 77-518, 77-522 through 77-524, and 77-526 through 77-532 — covered KAPA adjudication procedure: https://ksrevisor.gov/statutes/chapters/ch77/
• K.S.A. 77-601 and 77-603 — KJRA title, coverage, and exceptions: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0001.html and https://ksrevisor.gov/statutes/chapters/ch77/077_006_0003.html
• K.S.A. 77-607, 77-609, and 77-611 through 77-615 — finality, court, venue, standing, exhaustion, timing, contents, service, and notice: https://ksrevisor.gov/statutes/chapters/ch77/
• K.S.A. 77-616 — agency-first stay and court review: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0016.html
• K.S.A. 77-619 and 77-620 — additional evidence and agency record: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0019.html and https://ksrevisor.gov/statutes/chapters/ch77/077_006_0020.html
• K.S.A. 77-621 through 77-623 — review standards, relief, and higher review: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0021.html, https://ksrevisor.gov/statutes/chapters/ch77/077_006_0022.html, and https://ksrevisor.gov/statutes/chapters/ch77/077_006_0023.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

Case-Specific Official Sources

• Licensing board organic statute: [________________________________]
• Licensing board regulations and final order: [________________________________]
• Reviewing court and local rules: [________________________________]

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Kansas before use. Laws, regulations, and procedures are subject to change. Always verify current requirements with the applicable licensing board and court.

© 2026 ezel.ai — All rights reserved.