77-522. (a) Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties. Requests for discovery shall be made in writing to the presiding officer and a copy of each request for discovery shall be served on the party or person against whom discovery is sought. The presiding officer may specify the times during which the parties may pursue discovery and respond to discovery requests. The presiding officer may issue subpoenas, discovery orders and protective orders in accordance with the rules of civil procedure.
(b) Subpoenas issued by the presiding officer may be served by a person designated by the presiding officer or any other person who is not a party and is not less than 18 years of age or may be served by certified mail, return receipt requested. Service shall be at the expense of the requesting party. Proof of service shall be shown by affidavit.
(c) Subpoenas and orders issued by the presiding officer may be enforced pursuant to the provisions of the Kansas judicial review act.
History: L. 1984, ch. 313, § 22; L. 1988, ch. 356, § 10; L. 1989, ch. 283, § 5; L. 1995, ch. 175, § 4; L. 2010, ch. 17, § 207; July 1.
Law Review and Bar Journal References:
"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 23, 31, 36 (1995).
"Compliance Through Cooperation," Robert W. Parnacott, 65 J.K.B.A. No. 5, 22 (1996).
"A Species Unto Themselves: Professional Disciplinary Actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).
Attorney General's Opinions:
Audit records held by the department of revenue; limits on dissemination and use. 95-6.
Application of open meetings act and administrative procedure act to proceedings for determination of benefits of KPERS member before hearing officer and board of trustees. 97-40.
Open public records; board of accountancy; correspondence. 97-76.