Kan. Admin. Regs. § 129-8-22

Current through Register Vol. 44, No. 2, January 9, 2025

Section 129-8-22 - Rehearing

(a) Any party, within 15 days after service of the presiding officer's decision, may file a petition for rehearing stating the specific grounds upon which the rehearing of the presiding officer's decision is requested.

(b) The presiding officer may grant a rehearing to either party on all or part of the issues when it appears that the rights of the party are substantially affected for any of the following reasons:

(1) An erroneous ruling by the presiding officer;

(2) a decision that, in whole or in part, is contrary to the evidence;

(3) newly discovered evidence that the moving party could not with reasonable diligence have discovered or produced at the hearing; or

(4) fraud, misrepresentation, or misconduct by an opposing party resulting in the order or proceeding.

(c) The filing of a petition for rehearing is not a prerequisite for review at any stage of the proceedings. The filing of a petition for rehearing does not stay any time limits or further proceedings that may be conducted under the Kansas administrative procedures act, K.S.A. 77-501 et seq. and amendments thereto, or any other provision of law.

(d) Once an initial order has been rendered, relief may be sought only through a petition for review to the secretary or the state appeals committee.

Kan. Admin. Regs. § 129-8-22

Authorized by K.S.A. 65-1,254 and 75-7403; adopted by Kansas Register Volume 43, No. 50; effective 12/27/2024.