Kan. Admin. Regs. § 129-8-23

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

Section 129-8-23 - Relief from preliminary or prehearing order

(a) During the pendency of a state fair hearing proceeding and before the rendering of the initial order by the presiding officer, any party to the state fair hearing proceeding may file with the presiding officer a motion for review of the ruling made by the presiding officer, stating the specific grounds upon which the review of the presiding officer's decision is requested.

(b) The presiding officer may relieve a party or its legal representative from an order or proceeding 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 state fair hearing; or

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

(c) The filing of a motion for review under this regulation shall not be a prerequisite for review at any stage of the proceedings. The filing of a motion for review shall not affect any time limits or further proceedings that may be conducted under KAPA or any other provision of law.

Kan. Admin. Regs. § 129-8-23

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