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77-503. Application and construction; computing period of time. (a) This act applies only to the extent that other statutes expressly provide that the provisions of this act govern proceedings under those statutes.

(b) This act creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.

(c) In computing any period of time prescribed by this act, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. As used in this act, unless otherwise specified, "day" means calendar day and not business day; therefore, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. As used in this act, "business day" means any day that is not a Saturday, Sunday or legal holiday. "Legal holiday" includes any day designated as a holiday by any statute or regulation of this state. If a state agency is inaccessible on the last day of any period of time prescribed by this act, the time period shall be extended until the next business day on which the agency is open for business.

History: L. 1984, ch. 313, § 3; L. 2009, ch. 109, § 4; L. 2010, ch. 135, § 224; July 1.

Law Review and Bar Journal References:

"The New Kansas Administrative Procedure and Judicial Review Acts," David L. Ryan, 54 J.K.B.A. 53, 56 (1985).

"A Species Unto Themselves: Professional Disciplinary Actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).

"2009 Amendments to the Kansas Administrative Procedure Act and the Kansas Judicial Review Act," Mary Feighny, 78 J.K.B.A. No. 9, 21 (2009).

Attorney General's Opinions:

Act not applicable to city or county planning and zoning. 95-97.

CASE ANNOTATIONS

1. Act creates only procedural rights and imposes only procedural duties. Expert Environmental Control, Inc. v. Walker, 13 Kan. App. 2d 56, 57, 761 P.2d 320 (1988).

2. Civil service board may affirm, modify, reverse or order any other action the board deems appropriate in personnel appeal. Kansas Dept. of Transportation v. Humphreys, 266 Kan. 179, 182, 967 P.2d 759 (1998).


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