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. Grounds Analysis (Four-Factor Test)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Motion for Stay Pending Judicial Review (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: ☐ Personal Delivery ☐ Certified Mail ☐ Electronic Filing

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.

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

In the Matter of:

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

Case/Docket No.: [________________________________]

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. 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 because it has been less than 30 days since service of the [initial order / final order] as specified in K.S.A. 77-614.

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. The Order should be stayed because:

a. Petitioner is likely to succeed on [review of initial order / reconsideration / judicial review] because:
[________________________________]
[________________________________]

b. Absent a stay, Petitioner will suffer irreparable harm because:
[________________________________]
[________________________________]

c. The balance of equities favors a stay because:
[________________________________]

d. A stay serves the public interest because:
[________________________________]

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 to appropriate conditions.

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] [________________________________] pursuant to K.S.A. 77-512 et seq.

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/deemed denied] on [__/__/____].

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 — Judicial Stay (K.S.A. 77-616): The agency may grant a stay on appropriate terms, or other temporary remedies, during the pendency of judicial review, unless precluded by law.

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 (generally 30 days after service of the final order under K.S.A. 77-614).

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 Authority: A party or the agency may file a motion in the reviewing court for temporary remedies or a stay, and the court may enter such orders.

3. Conditions: Stays may be subject to "appropriate terms" — conditions imposed to protect the interests of other parties and the public.

D. Four-Factor Test

Kansas courts generally apply the traditional four-factor test when evaluating stay requests:

1. Likelihood of success on the merits of the appeal or judicial review
2. Irreparable harm to the movant absent a stay
3. Balance of equities — harm to the movant versus harm to the opposing party or public
4. Public interest considerations

E. Relationship to Judicial Review Standards

Under K.S.A. 77-621, the court reviews agency actions to determine 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

These standards inform the "likelihood of success" analysis in the stay context.

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

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: Balance of Equities

23. The balance of equities favors Petitioner because:

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

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

c. The harm to Petitioner substantially outweighs any harm from the stay because:
[________________________________]

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: Public Interest

25. A stay of enforcement serves the public interest 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: [________________________________]

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

BEFORE THE [AGENCY NAME]
STATE OF KANSAS

In the Matter of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case/Docket No.: [________________________________]

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, Petitioner may file an emergency motion with the district court seeking temporary remedies under K.S.A. 77-616.

34. The emergency motion should include:

☐ A showing of immediate irreparable harm
☐ A demonstration that relief cannot wait for normal hearing schedule
☐ Evidence of likelihood of success on the merits
☐ A proposed order with appropriate conditions
☐ Notice to the agency (even if abbreviated)

C. Emergency/Summary Orders by Agency

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

☐ Emergency orders are effective immediately
☐ The agency must commence a formal proceeding promptly
☐ A party may petition the presiding officer or agency head for a stay of the emergency order
☐ The summary nature of the emergency action may be challenged

8. MOTION FOR STAY PENDING JUDICIAL REVIEW (COURT LEVEL — K.S.A. 77-616)

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF KANSAS

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.

Case No.: [________________________________]

MOTION FOR STAY OF AGENCY ORDER PENDING JUDICIAL REVIEW

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and pursuant to K.S.A. 77-616, respectfully moves this Court for an Order staying the [Agency Name]'s [Order/Decision] dated [__/__/____] pending judicial review, and in support states:

I. JURISDICTIONAL STATEMENT

1. This Court has jurisdiction over this judicial review proceeding pursuant to K.S.A. 77-601 et seq. (Act for Judicial Review and Civil Enforcement of Agency Actions).

2. Petitioner timely filed a Petition for Judicial Review on [__/__/____] pursuant to K.S.A. 77-614.

3. K.S.A. 77-616 authorizes the court to enter orders for temporary remedies, including a stay, during the pendency of judicial review.

II. AGENCY ACTION ON STAY

4. Petitioner [did / did not] seek a stay from the agency:

☐ Petitioner filed a petition for stay under K.S.A. 77-528, which was denied on [__/__/____]
☐ Petitioner filed a petition for stay under K.S.A. 77-528, and the agency failed to act
☐ Petitioner did not seek an agency stay because: [________________________________]

III. GROUNDS FOR STAY

5. Petitioner is likely to succeed on the merits because: [________________________________]

6. Petitioner will suffer irreparable harm absent a stay because: [________________________________]

7. The balance of equities favors Petitioner because: [________________________________]

8. The public interest supports a stay 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, Petitioner respectfully requests that this Court enter an order staying the [Agency Name]'s [Order/Decision] pending judicial review, on appropriate terms.

Dated: [__/__/____]

[________________________________]
Attorney for Petitioner / Petitioner Pro Se

9. OPPOSITION RESPONSE TEMPLATE

[BEFORE THE AGENCY / IN THE DISTRICT COURT]
STATE OF KANSAS

In the Matter of / Case of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Case/Docket 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 FOUR-FACTOR TEST

A. No Likelihood of Success on the Merits

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. No Irreparable Harm

3. Petitioner's alleged harm is speculative and compensable:
   [________________________________]

C. Balance of Equities Favors Enforcement

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

D. Public Interest Favors Enforcement

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 the following conditions:

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 DISTRICT COURT OF [________________________________] COUNTY
STATE OF KANSAS

Case No.: [________________________________]

ORDER ON MOTION FOR STAY PENDING JUDICIAL REVIEW

This matter coming before the Court on the Motion for Stay filed pursuant to K.S.A. 77-616, the Court having considered the motion, response, supporting materials, and arguments;

The Court finds:

☐ Petitioner has demonstrated entitlement to a stay.
☐ Petitioner has not demonstrated entitlement to a stay.

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.].

ENTERED: [__/__/____]

___________________________________
Judge, District Court of [________________________________] County

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 Stay: File a Motion for Stay with the district court under K.S.A. 77-616 during the pendency of judicial review.

2. Request Reconsideration: File a motion for reconsideration with the agency, presenting:
   ☐ New evidence or changed circumstances
   ☐ Additional legal arguments
   ☐ Modified conditions or increased bond

B. Appeal from Court Denial

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

1. Kansas Court of Appeals: File a motion for stay pending appeal with the Kansas Court of Appeals.

2. Kansas Supreme Court: If the Court of Appeals denies the stay, a petition may be filed with the Kansas Supreme Court.

3. Interlocutory Appeal: Consider whether the denial is subject to interlocutory appeal under K.S.A. 60-2102.

C. Motion for Reconsideration

Before pursuing appellate relief, consider filing a motion for reconsideration in the district court based on:

☐ 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
☐ Certificate of Service on all parties

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

☐ Motion for Stay Pending Judicial Review
☐ Petition for Judicial Review (filed previously)
☐ Copy of the Order being challenged
☐ Agency record or relevant excerpts
☐ Supporting affidavits or declarations
☐ Supporting exhibits
☐ Bond documents (if applicable)
☐ Proposed Order on Stay
☐ Certificate of Service on all parties
☐ 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: [__/__/____]
☐ 30-day deadline for Petition for Judicial Review: [__/__/____]
☐ 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. Two-Level Stay System: Kansas provides for stays at both the agency level (K.S.A. 77-528) and the court level (K.S.A. 77-616). Consider which forum is more favorable for your client.

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 — generally within 30 days of service of the final order under K.S.A. 77-614. After that window closes, only the court stay option remains.

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." Be prepared to propose specific conditions, bond amounts, and safeguards.

6. Exhaustion Not Required: A petitioner is not necessarily required to exhaust agency stay remedies before seeking a stay from the court under K.S.A. 77-616, but doing so strengthens the court motion.

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 Filing: The Petition for Judicial Review must be filed in the district court of the county where the petitioner resides or has its principal place of business, or as otherwise provided by K.S.A. 77-609.

9. Agency Record: Under K.S.A. 77-620, the agency must transmit the original or certified copy of the agency record. Ensure the record includes all evidence supporting your stay arguments.

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 serving all parties with the stay petition
• Overlooking the distinction between initial orders (K.S.A. 77-527) and final orders (K.S.A. 77-526)
• Failing to file the petition for judicial review as a prerequisite to seeking a court stay

14. SOURCES AND REFERENCES

Kansas Statutes

• K.S.A. 77-528 — Stay of Effectiveness of Orders
• K.S.A. 77-527 — Review of Initial Orders
• K.S.A. 77-526 — Final Orders
• K.S.A. 77-529 — Reconsideration
• K.S.A. 77-536 — Emergency Adjudicative Proceedings
• K.S.A. 77-601 et seq. — Act for Judicial Review and Civil Enforcement of Agency Actions
• K.S.A. 77-614 — Filing of Petition for Judicial Review
• K.S.A. 77-616 — Stay and Other Temporary Remedies
• K.S.A. 77-621 — Scope of Review; Grounds for Relief

Online Resources

• Kansas Office of the Revisor of Statutes: https://ksrevisor.gov/
• Kansas Judicial Branch: https://www.kscourts.org/
• Kansas Legislature: https://www.kslegislature.org/
• Kansas Bar Association: https://www.ksbar.org/

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: March 8, 2026