KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

77-415. Definitions; citation of act; exclusions; effect of certain adjudications and orders; guidance documents. (a) K.S.A. 77-415 through 77-438, and amendments thereto, shall be known and may be cited as the rules and regulations filing act.

(b) (1) Unless otherwise provided by statute or constitutional provision, each rule and regulation issued or adopted by a state agency shall comply with the requirements of the rules and regulations filing act. Except as provided in this section, any standard, requirement or other policy of general application may be given binding legal effect only if it has complied with the requirements of the rules and regulations filing act.

(2) Notwithstanding the provisions of this section:

(A) An agency may bind parties, establish policies, and interpret statutes or regulations by order in an adjudication under the Kansas administrative procedure act or other procedures required by law, except that such order shall not be used as precedent in any subsequent adjudication against a person who was not a party to the original adjudication unless the order is:

(i) Designated by the agency as precedent;

(ii) not overruled by a court or later adjudication; and

(iii) disseminated to the public in one of the following ways:

(a) Inclusion in a publicly available index, maintained by the agency and published on its website, of all orders designated as precedent;

(b) publication by posting in full on an agency website in a format capable of being searched by key terms; or

(c) being made available to the public in such other manner as may be prescribed by the secretary of state.

(B) Any statement of agency policy may be treated as binding within the agency if such statement of policy is directed to:

(i) Agency personnel relating to the performance of their duties.

(ii) The internal management of or organization of the agency.

No such statement of agency policy listed in clauses (i) and (ii) may be relied on to bind the general public.

(C) An agency may provide forms, the content or substantive requirements of which are prescribed by rule and regulation or statute, except that no such form may give rise to any legal right or duty or be treated as authority for any standard, requirement or policy reflected therein.

(D) An agency may provide guidance or information to the public, describing any agency policy or statutory or regulatory requirement except that no such guidance or information may give rise to any legal right or duty or be treated as authority for any standard, requirement or policy reflected therein.

(E) None of the following shall be subject to the rules and regulations filing act:

(i) Any policy relating to the curriculum of a public educational institution or to the administration, conduct, discipline, or graduation of students from such institution.

(ii) Any parking and traffic regulations of any state educational institution under the control and supervision of the state board of regents.

(iii) Any rule and regulation relating to the emergency or security procedures of a correctional institution, as defined in K.S.A. 75-5202(d), and amendments thereto.

(iv) Any order issued by the secretary of corrections or any warden of a correctional institution under K.S.A. 75-5256, and amendments thereto.

(F) When a statute authorizing an agency to issue rules and regulations or take other action specifies the procedures for doing so, those procedures shall apply instead of the procedures in the rules and regulations filing act.

(c) As used in the rules and regulations filing act, and amendments thereto, unless the context clearly requires otherwise:

(1) "Board" means the state rules and regulations board established under the provisions of K.S.A. 77-423, and amendments thereto.

(2) "Environmental rule and regulation" means:

(A) A rule and regulation adopted by the secretary of agriculture, the secretary of health and environment or the state corporation commission that has as a primary purpose the protection of the environment; or

(B) a rule and regulation adopted by the secretary of wildlife and parks concerning threatened or endangered species of wildlife as defined in K.S.A. 32-958, and amendments thereto.

(3) "Person" means an individual, firm, association, organization, partnership, business trust, corporation, company or any other legal or commercial entity.

(4) "Rule and regulation," "rule," and "regulation" means a standard, requirement or other policy of general application that has the force and effect of law, including amendments or revocations thereof, issued or adopted by a state agency to implement or interpret legislation.

(5) "Rulemaking" means the same as defined in K.S.A. 77-602, and amendments thereto.

(6) "Small employer" means any person, firm, corporation, partnership or association that employs not more than 50 employees, the majority of whom are employed within this state.

(7) "State agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches, which is authorized by law to promulgate rules and regulations concerning the administration, enforcement or interpretation of any law of this state.

History: L. 1965, ch. 506, § 1; L. 1977, ch. 321, § 1; L. 1978, ch. 120, § 24; L. 1978, ch. 386, § 1; L. 1980, ch. 303, § 1; L. 1981, ch. 364, § 1; L. 1981, ch. 157, § 3; L. 1981, ch. 365, § 1; L. 1982, ch. 385, § 2; L. 1982, ch. 386, § 1; L. 1982, ch. 142, § 26; L. 1983, ch. 307, § 1; L. 1989, ch. 282, § 1; L. 1991, ch. 276, § 1; L. 1995, ch. 171, § 1; L. 1996, ch. 43, § 4; L. 1997, ch. 160, § 42; L. 2008, ch. 25, § 1; L. 2010, ch. 95, § 1; L. 2011, ch. 14, § 1; L. 2012, ch. 47, § 122; L. 2013, ch. 2, § 1; L. 2023, ch. 7, § 136; July 1.

Revisor's Note:

Corporation commission directed to comply with filing act with respect to regulations referred to in 55-141a.

Section was also amended by L. 2012, ch. 61, § 1, but that version was repealed by L. 2012, ch. 166, § 24.

Cross References to Related Sections:

State board of education rules and regulations adopted under constitutional authority, see 72-7514b.

Law Review and Bar Journal References:

Definition of "state agency" almost identical to 1947 provision, but definition of "rule and regulation" has been substantially changed, Winton M. Hinkle, 7 W.L.J. 61 (1967).

"Development of Fair Employment Legislation in Kansas," Joseph P. Doherty, 8 W.L.J. 205, 233 (1970).

"Dubious Doctrines in Administrative Law," David L. Ryan and Edwin P. Carpenter, 11 W.L.J. 351, 359, 361 (1972).

Note concerning the advertising of legal services, 16 W.L.J. 683, 699 (1977).

"Kansas Groundwater Management Districts," John C. Peck, 29 K.L.R. 51, 66, 68, 73, 91 (1980).

"Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W.L.J. 344, 350 (1981).

"The New Mandamus—State ex rel. Stephan v. Kansas House of Representatives," Henry E. Couchman, Jr., 33 K.L.R. 733 (1985).

"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 24 (1995).

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

"Kansas Judicial Council Report: Proposed 2010 Legislation," Christy Molzen, 79 J.K.B.A. No. 2, 19 (2010).

"2011 Legislative Update," Joseph N. Molina, 80 J.K.B.A. No. 7, 24 (2011).

Attorney General's Opinions:

Schools; special education; adoption of state plan. 80-234.

Management, operations, fixing of tuition, fees and charges by state educational institutions. 81-115.

Rules and regulations adopted by state board of education. 81-236.

Aid to indigent defendants; board of supervisors; rules and regulations. 81-260.

Scope and extent of rules and regulations filing act. 82-119.

Statutory basis for rules and regulations concerning prohibition of subrogation clauses by insurance commissioner. 84-35.

Constitutionality of K.S.A. 65-516(a)(3); child abuse validation by the department of social and rehabilitation services. 86-163.

State departments; public officers and employees; state health care benefits; health care commission. 87-175.

Kansas partnership fund; rules and regulations. 88-86.

Act inapplicable to certain practices, acts and operations; exceptions. 89-70.

Registration of partnerships; professional corporations. 89-114.

Valuation and computation of tax on motor vehicles; rules and regulations; definitions. 90-110.

Board of nursing; powers and duties; promoting nursing standards; rules and regulations. 91-18.

Powers and duties of emergency medical services board; rules and regulations. 92-113.

Rules and regulations; definitions; appraisal directives issued by property valuation director. 94-120.

Board of examiners for hearing aids; registration or endorsement; fees; audiometric equipment test documentation; reciprocity. 95-14.

Confined swine feeding facilities; control of water pollution by Secretary of Kansas Department of Health and Environment. 2000-19.

Agricultural Remediation Board is a state agency for purpose of promulgating rules and regulations. 2001-30.

Because lottery regulations not subject to rules and regulations act, temporary lottery regulations remain in effect until revoked. 2007-23.

CASE ANNOTATIONS

1. Order of corporation commission did not comply with its own rules. Kansas Public Service Co. v. State Corporation Commission, 199 Kan. 736, 742, 433 P.2d 572.

2. Administrative regulation 81-1-1 filed under this section and K.S.A. 17-1270 mentioned. Allen v. Schauf, 202 Kan. 348, 356, 449 P.2d 1010.

3. Mentioned; parolee not entitled as matter of right to have counsel appear at revocation hearing. Johnson v. Stucker, 203 Kan. 253, 257, 453 P.2d 257.

4. Cited in case concerning the administration of the second injury fund. Leiker v. Manor House, Inc., 203 Kan. 906, 913, 457 P.2d 107.

5. Board of social welfare manual setting nursing home services fees on cost plus basis attacked. Seneca Nursing Home v. Kansas State Bd. of Social Welf., 490 F.2d 1324, 1327, 1333.

6. Changes in inspection code previously adopted from private group as regulations not effective as amended regulations until submitted to state officials. North Amer. Safety Valve Industries v. Wolgast, 672 F. Supp. 488, 493 (1987).

7. Internal policy of state agency must be published to be enforceable. Bruns v. Kansas State Bd. of Technical Professions, 19 Kan. App. 2d 83, 86, 864 P.2d 1212 (1993).

8. Whether K.S.A. 74-8710 exempts the lottery's temporary rules and regulations from statute expiration requirements examined. Fowles v. Kansas State Lottery, 254 Kan. 557, 560, 867 P.2d 357 (1994).

9. Whether board of technical professions erred by denying plaintiff license based on unfiled, unpublished internal policy examined. Bruns v. Kansas State Bd. of Technical Professions, 255 Kan. 728, 733, 877 P.2d 391 (1994).

10. Policy creating "unassigned for cause" status not a rule and regulation subject to filing and publication hereunder. Gilmore v. McKune, 23 Kan. App. 2d 1029, 940 P.2d 78 (1997).

11. No requirement to publish prison's internal level system program as rule and regulation in Kansas Register. Vinson v. McKune, 265 Kan. 422, 960 P.2d 222 (1998).

12. KDR's interpretation of K.S.A. 79-3606(kk) reasonable despite misreliance on "rule" published in information guide having no force or effect. In re Tax Appeal of Alsop Sand Co., Inc. 265 Kan. 510, 512, 962 P.2d 435 (1998).

13. Insurance commissioner has authority under K.S.A. 40-2201 to regulate stop-loss policies, but attempt to do so is void for failure to comply with K.S.A. 77-415. American Trust Administrators, Inc. v. Kansas Insurance Dept., 273 Kan. 694, 44 P.3d 1253 (2002).

14. Cited in discussion of standing; persons commenting during public hearing by agency meet KJRA standing requirements. Board of Sumner County Comm'rs v. Bremby, 286 Kan. 745, 775, 189 P.3d 494 (2008).

15. A state agency regulation must be implemented in conformity with the Rules and Regulations Filing Act. Taylor v. Kansas Dept. of Health and Environment, 49 Kan. App. 2d 233, 305 P.3d 729 (2013).


 | Next

LEGISLATIVE COORDINATING COUNCIL
  12/18/2023 Meeting Notice Agenda
  11/09/2023 Meeting Notice Agenda
  08/09/2023 Meeting Notice Agenda
  06/05/2023 Meeting Notice Agenda
  04/25/2023 Meeting Notice Agenda
  LCC Policies

REVISOR OF STATUTES
  2023 New, Amended and Repealed by KSA
  2023 New, Amended and Repealed by Bill
  2024 Valid Section Numbers
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department