Stay of Enforcement Request - Kansas

STAY OF ENFORCEMENT REQUEST

STATE OF KANSAS — ADMINISTRATIVE PROCEEDING

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Petition for Stay of Effectiveness (Agency Level — K.S.A. 77-528)
3. Statement of Facts
4. Legal Standard for Stay Under Kansas Law
5. Court Analysis Under K.S.A. 77-616(c) or (d)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Motion for Review of Agency Stay Action (Court Level — K.S.A. 77-616)
9. Opposition Response Template
10. Proposed Orders on Stay
11. Appeal of Stay Denial
12. Document Checklist
13. Practice Tips
14. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Title/Position]
[Agency Name]
[________________________________]
[City], Kansas [____]

Via method authorized by current agency law or procedure: ☐ Personal Delivery ☐ Mail ☐ Electronic Filing ☐ Other: [________________________________]

Re: Petition for Stay of Effectiveness of Order
Administrative Case/Docket No.: [________________________________]
Petitioner: [________________________________]
Order Dated: [__/__/____]

Dear [________________________________]:

Enclosed please find the Petition for Stay of Effectiveness of Order filed on behalf of [________________________________] ("Petitioner") pursuant to K.S.A. 77-528. Petitioner respectfully requests that the [presiding officer / agency head] stay the effectiveness of the [Initial Order / Final Order] dated [__/__/____] pending [☐ review of initial order ☐ reconsideration ☐ judicial review].

This Petition is filed within the time during which a petition for judicial review would be timely, as required by K.S.A. 77-528.

KAPA applies to this proceeding under K.S.A. [________________________________], as K.S.A. 77-503(a) requires.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Kansas Bar No. [________________________________]
[________________________________]
[________________________________]
[City], Kansas [____]
Telephone: [________________________________]
Email: [________________________________]

2. PETITION FOR STAY OF EFFECTIVENESS (AGENCY LEVEL — K.S.A. 77-528)

BEFORE THE [AGENCY NAME]
STATE OF KANSAS

PETITION FOR STAY OF EFFECTIVENESS OF ORDER

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and pursuant to K.S.A. 77-528, hereby petitions for a stay of the effectiveness of the [Initial Order / Final Order] dated [__/__/____] (the "Order"), and in support thereof states as follows:

I. JURISDICTION AND AUTHORITY

1. KAPA applies to this proceeding under K.S.A. [________________________________], as K.S.A. 77-503(a) requires. This Petition is filed pursuant to K.S.A. 77-528, which provides that until the time at which a petition for judicial review would no longer be timely, a party may submit to the presiding officer or agency head a petition for stay of effectiveness of an initial or final order, unless otherwise provided by statute or stated in the initial or final order.

2. A petition for judicial review remains timely under the applicable K.S.A. 77-613 period, calculated from the service date and method and including subsection (e)'s three-day addition after mail or authorized electronic service when applicable. K.S.A. 77-614 governs petition contents, not the filing period.

3. The [presiding officer / agency head] has authority to take action on this petition for stay either before or after the effective date of the Order.

4. This Petition is not precluded by statute or by any provision of the Order itself.

II. NATURE OF THE ORDER

5. On [__/__/____], the [presiding officer / agency head] issued the [Initial Order / Final Order] in the above-referenced matter, which:

☐ Revoked Petitioner's [license/permit/certification/registration] No. [________________________________]
☐ Suspended Petitioner's [license/permit/certification/registration] for [____] days/months
☐ Imposed a civil penalty of $[________________________________]
☐ Ordered Petitioner to cease and desist [________________________________]
☐ Denied Petitioner's application for [________________________________]
☐ Imposed conditions on Petitioner's [license/permit/registration] including: [________________________________]
☐ Other: [________________________________]

6. The Order [became effective on / is scheduled to become effective on] [__/__/____].

7. The Order [does / does not] contain a provision precluding a stay petition.

III. GROUNDS FOR STAY

8. K.S.A. 77-528 authorizes the agency-level petition but does not state a universal substantive test. The Agency should exercise its discretion under the following identified authority and record:

a. Board/agency organic statute, rule, or order standard: [________________________________]

b. Specific effect of the Order to be stayed: [________________________________]

c. Requested duration and conditions: [________________________________]

d. Record facts supporting the requested exercise of agency discretion: [________________________________]

IV. PROPOSED CONDITIONS

9. Petitioner proposes the following conditions for the stay:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the [presiding officer / agency head] enter an order staying the effectiveness of the [Initial Order / Final Order] dated [__/__/____] in whole [or in part as follows: ________________________________], pending [review / reconsideration / judicial review], subject only to conditions authorized by [________________________________].

Dated: [__/__/____]

[________________________________]
Attorney for Petitioner / Petitioner Pro Se

3. STATEMENT OF FACTS

A. Background

10. [________________________________] is a [individual/business entity] located at [________________________________], [City], Kansas [____], engaged in [________________________________].

11. Petitioner [holds/held] [license/permit/certification/registration] No. [________________________________] issued by the [Agency Name] since [__/__/____].

12. [Describe the nature of the regulated activity or licensing at issue:]

[________________________________]
[________________________________]
[________________________________]

B. Administrative Proceedings Below

13. On [__/__/____], the [Agency Name] initiated [enforcement action / proceeding / complaint] against Petitioner by [________________________________].

14. A hearing was conducted on [__/__/____] before [Presiding Officer / Administrative Law Judge] [________________________________] under this controlling authority: [________________________________].

15. On [__/__/____], the presiding officer issued an Initial Order pursuant to K.S.A. 77-526.

16. [If applicable] A party exercised the right to review of the initial order by the agency head pursuant to K.S.A. 77-527, and the agency head issued a Final Order on [__/__/____].

17. [If applicable] Petitioner filed a petition for reconsideration pursuant to K.S.A. 77-529 on [__/__/____], which was [granted/denied/otherwise resolved] on [__/__/____]. For a claimed deemed denial, identify the Kansas Corporation Commission or other specific authority: [________________________________].

C. Impact of Enforcement

18. Unless stayed, the Order will result in the following consequences to Petitioner:

[________________________________]
[________________________________]
[________________________________]

19. These consequences are [immediate / will occur on [__/__/____]] and are [irreversible / difficult to reverse] because:

[________________________________]
[________________________________]

4. LEGAL STANDARD FOR STAY UNDER KANSAS LAW

A. Two-Level Stay System

Kansas provides two mechanisms for obtaining a stay of an administrative order:

Level 1 — Agency Stay (K.S.A. 77-528): A party may petition the presiding officer or agency head for a stay of the effectiveness of an initial or final order while judicial review remains timely. The presiding officer or agency head has discretion to act on the petition before or after the order's effective date.

Level 2 — Temporary Relief During Judicial Review (K.S.A. 77-616): Unless precluded by law, the agency may grant a stay on appropriate terms or another temporary remedy. The reviewing court may conduct interlocutory review of the agency's action on the application.

B. Agency Stay — K.S.A. 77-528

K.S.A. 77-528 provides:

1. Timing: The petition for stay must be filed during the time in which a petition for judicial review would be timely. K.S.A. 77-613 generally supplies that filing period and its service-based three-day addition; K.S.A. 77-614 supplies petition contents.

2. Authority: The presiding officer or agency head may act on the petition for stay.

3. Timing of Action: The presiding officer or agency head may take action on the petition "either before or after the effective date of the initial or final order."

4. Limitations: The right to petition for stay may be eliminated by statute or by a specific provision in the order itself.

C. Judicial Stay — K.S.A. 77-616

K.S.A. 77-616 provides:

1. Agency Authority During Judicial Review: Unless precluded by law, the agency may grant a stay "on appropriate terms" or other temporary remedies during the pendency of judicial review.

2. Court Review: A party may file a motion in the reviewing court for interlocutory review of the agency's action on an application for stay or other temporary remedies.

3. Terms and Bond: Subsections (a) and (e) use "appropriate terms"; when the court grants relief under subsection (e), those terms may include a bond.

D. Conditional Court Standards

If the agency found its stay action justified by a substantial threat to public health, safety, or welfare, K.S.A. 77-616(c) bars court relief unless the court finds all four statutory elements:

1. Likelihood of success on the merits of the appeal or judicial review
2. Irreparable harm to the movant absent a stay
3. Granting relief will not substantially harm other parties
4. The public-health, safety, or welfare threat relied on by the agency is not sufficiently serious to justify the agency's action in the circumstances

If subsection (c) does not apply, subsection (d) directs the court to grant relief if, in its independent judgment, the agency's action on the stay application was unreasonable in the circumstances.

E. Relationship to Judicial Review Standards

Applicable K.S.A. 77-621 grounds include whether:

• The agency action is within its jurisdiction
• The action is supported by evidence in the record
• The agency's interpretation of the law is correct
• The action is not otherwise unreasonable, arbitrary, or capricious

The K.S.A. 77-621 grounds may support the likelihood-of-success element only when K.S.A. 77-616(c) applies. They do not replace subsection (d)'s distinct reasonableness inquiry.

5. COURT ANALYSIS UNDER K.S.A. 77-616(c) OR (d)

Complete Factors 1 through 4 only if the Agency made the public-threat finding that triggers subsection (c). Otherwise, skip to the subsection (d) analysis below.

Factor 1: Likelihood of Success on the Merits

20. Petitioner is likely to prevail on judicial review for the following reasons:

☐ The Order exceeds the agency's jurisdiction because:
[________________________________]
[________________________________]

☐ The Order is not supported by evidence in the record because:
[________________________________]
[________________________________]

☐ The agency erroneously interpreted or applied the law because:
[________________________________]
[________________________________]

☐ The Order is unreasonable, arbitrary, or capricious because:
[________________________________]
[________________________________]

☐ The agency violated Petitioner's due process rights because:
[________________________________]
[________________________________]

☐ The agency failed to follow prescribed procedure because:
[________________________________]
[________________________________]

☐ Other grounds under K.S.A. 77-621:
[________________________________]

Factor 2: Irreparable Harm

21. Absent a stay, Petitioner will suffer irreparable harm that cannot be remedied by a favorable outcome on judicial review, including:

☐ Loss of Livelihood:

• Revocation/suspension of license will prevent Petitioner from [________________________________]
• Estimated income loss: $[________________________________] per [month/year]
• Inability to serve existing clients/customers
• Loss of [____] years of professional reputation

☐ Business Destruction:

• Business closure resulting from: [________________________________]
• Loss of employees/staff: [________________________________]
• Loss of contracts/accounts: [________________________________]

☐ Reputational Harm:
[________________________________]
[________________________________]

☐ Loss of Property or Unique Rights:
[________________________________]

☐ Health, Safety, or Personal Consequences:
[________________________________]

☐ Other Irreparable Harm:
[________________________________]

22. These harms are irreparable because:

☐ Monetary damages cannot adequately compensate for the harm
☐ The harm cannot be reversed even if Petitioner prevails on review
☐ The status quo cannot be restored after enforcement
☐ Other: [________________________________]

Factor 3: No Substantial Harm to Other Parties

23. Granting relief will not substantially harm other parties because:

a. Harm to Petitioner if stay is denied:
[________________________________]
[________________________________]

b. Harm to Agency/Other Parties if stay is granted:
[________________________________]
[________________________________]

c. Why any identified harm is not substantial under K.S.A. 77-616(c)(3):
[________________________________]

24. Petitioner is willing to accept conditions to mitigate any harm:

☐ Posting bond or other security
☐ Interim compliance measures
☐ Monitoring or reporting requirements
☐ Other: [________________________________]

Factor 4: Asserted Public Threat Does Not Justify the Agency's Action

25. The public-health, safety, or welfare threat relied on by the Agency is not sufficiently serious to justify the Agency's stay action in the circumstances because:

☐ Public safety and welfare will not be endangered by a stay because:
[________________________________]

☐ The public benefits from preservation of the status quo pending review:
[________________________________]

☐ Enforcement of an invalid order undermines public confidence in the administrative process:
[________________________________]

☐ Continued operation of Petitioner's [business/practice] serves the public by:
[________________________________]

☐ Other: [________________________________]

Subsection (d): Agency Action Unreasonable in the Circumstances

25A. If K.S.A. 77-616(c) does not apply, the Agency's action on the stay application was unreasonable in the circumstances because:

[________________________________]
[________________________________]

6. BOND/SECURITY PROVISIONS

A. Proposed Bond/Security

26. Petitioner proposes the following bond/security as "appropriate terms" under K.S.A. 77-616:

☐ Surety Bond in the amount of $[________________________________]
☐ Cash Deposit in the amount of $[________________________________]
☐ Letter of Credit in the amount of $[________________________________]
☐ Property Bond secured by [________________________________]
☐ No Bond Required because:
[________________________________]

B. Bond Amount Justification

27. The proposed bond amount is appropriate because:

☐ It represents the amount of the penalty or fine imposed
☐ It covers potential harm to third parties during the stay period
☐ It reflects anticipated costs and damages during the stay
☐ A higher bond would impose undue financial hardship on Petitioner
☐ Other: [________________________________]

C. Proposed Conditions

28. Petitioner proposes the following conditions during the stay period:

☐ Petitioner will maintain all current insurance coverage
☐ Petitioner will comply with all regulatory requirements not at issue
☐ Petitioner will submit periodic reports to the Agency
☐ Petitioner will permit inspections or monitoring by: [________________________________]
☐ Petitioner will refrain from: [________________________________]
☐ Petitioner will post bond as specified above
☐ Other: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Emergency Petition to Agency

K.S.A. 77-528 does not create a separate emergency-petition standard or procedure. Use this expedited request only under the ordinary § 77-528 limits and any identified agency-specific authority.

BEFORE THE [AGENCY NAME]
STATE OF KANSAS

EMERGENCY PETITION FOR STAY OF EFFECTIVENESS

COMES NOW Petitioner and requests an emergency stay of the [Order/Decision] dated [__/__/____]:

29. The Order [has taken / will take] effect on [__/__/____], which is [____] days from the date of this Petition.

30. Immediate and irreparable harm will result if the Order is not stayed on an emergency basis because:
    [________________________________]
    [________________________________]

31. There is insufficient time to pursue normal stay procedures because:
    [________________________________]

32. Petitioner requests the [presiding officer / agency head] take action on this emergency petition before the Order takes effect.

B. Emergency Motion to Court (During Judicial Review)

33. If judicial review has been filed and the Agency has acted on an application for stay or other temporary remedies, Petitioner may seek interlocutory court review under K.S.A. 77-616(b). K.S.A. 77-616(f) bars an ex parte order unless authorized by Kansas Supreme Court rule.

34. The emergency motion should include:

☐ If subsection (c) applies, its required irreparable-injury showing
☐ The Agency stay application and Agency action
☐ The applicable K.S.A. 77-616(c) or (d) showing
☐ A proposed order with appropriate conditions
☐ Notice required by the governing court rules

C. Emergency/Summary Orders by Agency

35. If the agency issued an emergency order under K.S.A. 77-536:

☐ The order is effective when rendered
☐ The agency must proceed as quickly as feasible to complete proceedings that ordinarily would be required
☐ K.S.A. 77-528 applies only if the emergency order is an initial or final order and no statute or order language precludes the petition
☐ Any other emergency-order review or stay authority is identified here: [________________________________]

8. MOTION FOR REVIEW OF AGENCY STAY ACTION (COURT LEVEL — K.S.A. 77-616)

IN THE [________________________________] COURT OF [________________________________], KANSAS

Case No.: [________________________________]

MOTION FOR REVIEW OF AGENCY ACTION ON APPLICATION FOR STAY

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], 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.

I. JURISDICTIONAL STATEMENT

1. This Court is the reviewing court under K.S.A. 77-609 and any controlling agency-specific statute: [________________________________]. This proceeding arises under the Kansas Judicial Review Act, K.S.A. 77-601 through 77-631.

2. Petitioner timely filed a Petition for Judicial Review on [__/__/____] under K.S.A. 77-613; K.S.A. 77-614 governs that petition's contents.

3. K.S.A. 77-616(b) authorizes a court motion for interlocutory review of the Agency's action on an application for stay or another temporary remedy.

II. AGENCY ACTION ON STAY

4. Petitioner applied to the Agency for a stay or temporary remedy on [__/__/____]:

☐ Petitioner filed a petition for stay under K.S.A. 77-528, which was denied on [__/__/____]
☐ The Agency granted relief on disputed terms: [________________________________]
☐ The Agency took other action: [________________________________]

Agency application and action attached as Exhibits [____] and [____].

III. GROUNDS FOR STAY

5. ☐ The Agency found its action justified by a substantial threat to public health, safety, or welfare. Petitioner addresses K.S.A. 77-616(c):
   - Likely to prevail at final disposition: [________________________________]
   - Irreparable injury without relief: [________________________________]
   - No substantial harm to other parties: [________________________________]
   - Asserted public threat not sufficiently serious to justify the Agency's action: [________________________________]

6. ☐ K.S.A. 77-616(c) does not apply. The Agency's action was unreasonable in the circumstances under subsection (d) because: [________________________________]

IV. PROPOSED CONDITIONS

9. Petitioner proposes appropriate terms for the stay, including:

☐ Bond in the amount of $[________________________________]
☐ Compliance with specified conditions: [________________________________]
☐ Periodic reporting to the Court or Agency
☐ Other: [________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, under K.S.A. 77-616(e), Petitioner requests that the Court ☐ remand with directions ☐ grant a stay on appropriate terms ☐ grant another temporary remedy: [________________________________].

Dated: [__/__/____]

[________________________________]
Attorney for Petitioner / Petitioner Pro Se

9. OPPOSITION RESPONSE TEMPLATE

IN THE [________________________________] COURT OF [________________________________], KANSAS

Case No.: [________________________________]

RESPONSE IN OPPOSITION TO PETITION/MOTION FOR STAY

COMES NOW [Agency Name], by and through [________________________________], and responds in opposition to the Petition/Motion for Stay:

I. PETITIONER FAILS THE APPLICABLE K.S.A. 77-616 STANDARD

A. Subsection (c), if triggered by the Agency's public-threat finding

1. The Order is supported by evidence in the record and is within the agency's jurisdiction:
   [________________________________]

2. The agency correctly interpreted and applied the law:
   [________________________________]

B. Subsection (d), if subsection (c) does not apply

3. The Agency's action on the stay application was reasonable in the circumstances because:
   [________________________________]

C. Requested Terms and Other Parties

4. The public will be harmed by a stay because:
   [________________________________]

D. Public Health, Safety, or Welfare

5. The Order protects the public by:
   [________________________________]

II. ALTERNATIVE CONDITIONS

6. If the Court/Agency is inclined to grant a stay, Respondent requests:

☐ Bond in the amount of $[________________________________]
☐ Conditions: [________________________________]
☐ Limited stay period of [____] days

WHEREFORE, Respondent requests denial of the Petition/Motion for Stay.

Dated: [__/__/____]

[________________________________]
Counsel for [Agency Name]

10. PROPOSED ORDERS ON STAY

A. Agency Level Order (K.S.A. 77-528)

BEFORE THE [AGENCY NAME]
STATE OF KANSAS

Case/Docket No.: [________________________________]

ORDER ON PETITION FOR STAY OF EFFECTIVENESS

The Petition for Stay of Effectiveness filed by [________________________________] pursuant to K.S.A. 77-528 having been considered;

IT IS HEREBY ORDERED:

☐ STAY GRANTED. The [Initial Order / Final Order] dated [__/__/____] is STAYED [in whole / in part: ________________________________] pending [review / reconsideration / judicial review], subject to conditions authorized by [________________________________]:

a. [________________________________]
b. [________________________________]
c. [________________________________]

☐ STAY DENIED. The Petition for Stay is DENIED. The Order remains in full force and effect for the following reasons:
[________________________________]

☐ PARTIAL STAY. The following provisions are stayed: [________________________________]. All other provisions remain in effect.

DATED: [__/__/____]

___________________________________
[Presiding Officer / Agency Head]

B. Court Level Order (K.S.A. 77-616)

IN THE [________________________________] COURT OF [________________________________], KANSAS

Case No.: [________________________________]

ORDER ON REVIEW OF AGENCY STAY ACTION

This matter coming before the Court on a motion under K.S.A. 77-616 for review of the Agency's action on an application for stay or other temporary remedies, the Court having considered the motion, Agency action, response, supporting materials, and arguments;

The Court finds:

☐ K.S.A. 77-616(c) applies, and the Court has made a finding on each of its four elements.
☐ K.S.A. 77-616(d) applies, and the Agency's action was ☐ reasonable ☐ unreasonable in the circumstances.

IT IS HEREBY ORDERED:

☐ STAY GRANTED. The [Order/Decision] of the [Agency Name] dated [__/__/____] is STAYED pending judicial review, on the following terms:

Bond: ☐ No bond required ☐ Bond in the amount of $[________________________________]

Conditions:
a. [________________________________]
b. [________________________________]
c. [________________________________]

Duration: Until [final disposition of judicial review / [__/__/____] / further order of this Court].

☐ STAY DENIED. The Motion for Stay is DENIED.

☐ TEMPORARY STAY. The Order is temporarily stayed for [____] days pending a full hearing on the Motion for Stay, scheduled for [__/__/____] at [____] [a.m./p.m.].

Any relief selected above must be consistent with the Court's K.S.A. 77-616(c) or (d) findings and subsection (f)'s ex parte limitation.

ENTERED: [__/__/____]

___________________________________
[Judge / Justice], [________________________________] Reviewing Court

11. APPEAL OF STAY DENIAL

A. Appeal from Agency Denial

If the agency denies the stay under K.S.A. 77-528:

1. Seek Court Review: File a motion under K.S.A. 77-616(b) for interlocutory review of the Agency's action on the stay application during judicial review.

2. Agency Reconsideration, if authorized: Use only a current agency statute, rule, or order that permits reconsideration of the stay decision. Possible supporting material:
   ☐ New evidence or changed circumstances
   ☐ Additional legal arguments
   ☐ Modified conditions or increased bond

B. Further Review of Court Denial

If the district court denies the stay under K.S.A. 77-616:

1. Identify whether the order is immediately reviewable and the governing statute or rule: [________________________________].

2. Identify the correct court, deadline, required prior request, bond/security rule, and record materials from the current Kansas appellate rules: [________________________________].

C. Motion for Reconsideration

Use a district-court reconsideration motion only if authorized by the current procedural rule identified here: [________________________________]. Possible supporting grounds:

☐ New evidence not previously available
☐ Changed circumstances
☐ Legal arguments the court did not consider
☐ Modified proposed conditions or bond amount

12. DOCUMENT CHECKLIST

Agency Stay Filing (K.S.A. 77-528)

☐ Petition for Stay of Effectiveness of Order
☐ Cover letter to agency
☐ Copy of the Initial Order or Final Order being challenged
☐ Supporting affidavits or declarations
☐ Supporting exhibits
☐ Proposed Order on Stay
☐ Filing and service completed under identified agency-specific law or procedure

Court Stay Filing (K.S.A. 77-616)

☐ Motion under K.S.A. 77-616(b) for review of the Agency's stay action
☐ Petition for Judicial Review (filed previously)
☐ Agency stay application and Agency action on that application
☐ Copy of the Order being challenged
☐ Agency record or relevant excerpts required or permitted by the reviewing court
☐ Supporting affidavits or declarations permitted for the stay motion
☐ Supporting exhibits
☐ Bond documents (if applicable)
☐ Proposed Order on Stay
☐ Service certificate completed for all recipients required by current court rules or order
☐ Filing fee (if applicable)

Supporting Documentation

☐ Financial records demonstrating harm
☐ Business records showing impact
☐ Expert reports or opinions
☐ Statutory and regulatory citations
☐ Relevant case law
☐ Insurance certificates (if proposing conditions)
☐ Prior agency correspondence regarding stay

Timeline Tracking

☐ Date Order issued: [__/__/____]
☐ Date Order served: [__/__/____]
☐ Date Order becomes effective: [__/__/____]
☐ Petition for Judicial Review deadline calculated under K.S.A. 77-613 and controlling law: [__/__/____]
☐ Date Petition for Stay filed (agency): [__/__/____]
☐ Date Petition for Judicial Review filed: [__/__/____]
☐ Date Motion for Stay filed (court): [__/__/____]
☐ Hearing date on stay: [__/__/____]
☐ Bond posting deadline (if applicable): [__/__/____]

13. PRACTICE TIPS

Kansas-Specific Considerations

1. Related Agency and Court Routes: K.S.A. 77-528 permits an agency-level stay petition while judicial review remains timely. During judicial review, K.S.A. 77-616(b) permits court review of the agency's action on a stay application; it is not a free-standing choice to bypass the agency stay decision.

2. Timing is Critical for Agency Stays: Under K.S.A. 77-528, the petition for stay must be filed while a petition for judicial review would still be timely. Calculate that window under K.S.A. 77-613 and any controlling statute, including the three-day addition after mail or authorized electronic service when applicable. K.S.A. 77-614 does not set the deadline.

3. Pre- or Post-Effective Date Action: The presiding officer or agency head can act on the stay petition either before or after the effective date of the order. This means even if the order has already taken effect, an agency stay is still possible within the filing window.

4. Statutory or Order-Based Preclusion: K.S.A. 77-528 allows stays "unless otherwise provided by statute or stated in the initial or final order." Always check whether the relevant statute or the order itself precludes a stay petition.

5. "Appropriate Terms" Language: K.S.A. 77-616 allows agency stays on appropriate terms, while subsection (e) expressly says a court's appropriate terms may include a bond. Identify separate authority before asserting that an agency-level bond is required.

6. Agency Action Required for the Court Motion: K.S.A. 77-616(b) describes a motion for interlocutory review of the agency's action on a stay application. Preserve the application, the agency action, and the record supporting the applicable subsection (c) or (d) standard.

7. Relationship Between K.S.A. 77-528 and 77-616: K.S.A. 77-528 governs stays during the administrative process (before or concurrent with judicial review filing), while K.S.A. 77-616 governs stays during the pendency of judicial review itself.

8. Judicial Review Court and Venue: K.S.A. 77-609 generally places review in district court and venue where the order or agency action is entered or effective, subject to its listed exceptions and other controlling law. Petitioner residence is not the general KJRA venue rule.

9. Agency Record: Under K.S.A. 77-620, the agency transmits the original or certified copy of the agency record. Separately preserve the stay application, agency stay action, and any motion materials allowed by the reviewing court.

10. Scope of Judicial Review: K.S.A. 77-621 sets forth the grounds for relief on judicial review. Frame your likelihood of success argument with specific reference to these statutory grounds.

Common Mistakes to Avoid

• Filing a stay petition after the judicial review deadline has passed (voiding the right under K.S.A. 77-528)
• Not checking for statutory or order-based preclusions on stay petitions
• Failing to propose "appropriate terms" when seeking a stay under K.S.A. 77-616
• Not following the agency-specific filing and service procedure for the stay petition
• Overlooking the distinction between initial orders (K.S.A. 77-527) and final orders (K.S.A. 77-526)
• Filing a court motion without the Agency's action on a stay application or without selecting the correct K.S.A. 77-616(c) or (d) standard

14. SOURCES AND REFERENCES

Kansas Statutes

• K.S.A. 77-503 — KAPA coverage and time computation: https://ksrevisor.gov/statutes/chapters/ch77/077_005_0003.html
• K.S.A. 77-526 through 77-529 — initial/final orders, initial-order review, agency stay, and reconsideration: https://ksrevisor.gov/statutes/chapters/ch77/077_005_0026.html, https://ksrevisor.gov/statutes/chapters/ch77/077_005_0027.html, https://ksrevisor.gov/statutes/chapters/ch77/077_005_0028.html, and https://ksrevisor.gov/statutes/chapters/ch77/077_005_0029.html
• K.S.A. 77-531 and 77-536 — service-based timing and emergency proceedings: https://ksrevisor.gov/statutes/chapters/ch77/077_005_0031.html and https://ksrevisor.gov/statutes/chapters/ch77/077_005_0036.html
• K.S.A. 77-601, 77-607, and 77-609 — KJRA title, reviewability, reviewing court, and venue: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0001.html, https://ksrevisor.gov/statutes/chapters/ch77/077_006_0007.html, and https://ksrevisor.gov/statutes/chapters/ch77/077_006_0009.html
• K.S.A. 77-613 through 77-616 — filing timing, petition contents, service/notice, and temporary relief: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0013.html, https://ksrevisor.gov/statutes/chapters/ch77/077_006_0014.html, https://ksrevisor.gov/statutes/chapters/ch77/077_006_0015.html, and https://ksrevisor.gov/statutes/chapters/ch77/077_006_0016.html
• K.S.A. 77-620 and 77-621 — agency record and review grounds: https://ksrevisor.gov/statutes/chapters/ch77/077_006_0020.html and https://ksrevisor.gov/statutes/chapters/ch77/077_006_0021.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

Online Resources

• Kansas Office of the Revisor of Statutes: https://ksrevisor.gov/
• Kansas Judicial Branch rules: https://kscourts.gov/Rules-Orders/Rules

This template is intended for use by licensed attorneys in Kansas. It must be customized to the specific facts and circumstances of each case. Legal requirements may change; verify all statutory citations before use. This document does not create an attorney-client relationship.

Last Updated: August 11, 2026