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KARNS v. KANSAS BD. OF AGRICULTURE8/9/1996
The Kansas State Board of Agriculture (KSBA or Board) filed a 16-count complaint against Kermit Karns, a crop duster, alleging violations of the Kansas Pesticide Law (KPL), K.S.A. 2-2438a et seq. The complaint sought the assessment of civil penalties, a refusal of Karns' pesticide business application, and a revocation of his commercial applicator certificate. The KSBA hearing officer found Karns in violation of the KPL under each count of the complaint, assessed fines against Karns totaling $13,400, and ordered that Karns' business license be denied and his certification revoked. Karns filed a petition for judicial review in Pottawatomie County District Court. The district court dismissed three counts of the original complaint, set aside the hearing officer's decision to deny Karns a business license and revoke his pesticide applicator certificate, and reduced the total civil penalties against Karns to $4,200. KSBA appeals, contending the court erred in denying its motion for change of venue; in denying its motion to dismiss Karns' petition for review for insufficiency or, in the alternative, order Karns to file a more specific petition; and in exceeding its scope of review under the Kansas Judicial Review Act (KJRA), K.S.A. 77-601 et seq. We affirm in part and reverse in part.
KSBA contends the court erred in denying its motion for a change of venue.
In his petition for judicial review filed in the district court, Karns alleged: "Venue is proper in this Court pursuant to K.S.A. 77-609(2)(b) as the agency order would be effective in Pottawatomie County, Kansas." The KJRA does not require a responding party in a judicial review proceeding to file an answer, K.S.A.
77-614(c), and no answer was filed by KSBA in this case. However, at the initial hearing before the district court on March 23, 1994, KSBA objected to venue in Pottawatomie County and requested the case be transferred to Shawnee County because all of the relevant contacts by Karns with KSBA had occurred there and all of KSBA's orders had been issued by the agency in Topeka. Karns argued that the KSBA's order would be effective where Karns conducted his business activity and that, because the bulk of his business activity took place in Pottawatomie County, venue was proper in Pottawatomie County. Following these arguments, the court entered a bench ruling denying the motion for a change of venue.
K.S.A. 77-609(b) provides for venue under the KJRA and states:
"Except as otherwise provided by K.S.A. 8-259 [drivers' licenses], 31-144 [fire safety and prevention], 44-566 [workers compensation], 72-5430a [teachers' contracts] and 74-2426 [tax appeals], and amendments thereto, venue is in the county in which the order or agency action is entered or is effective or the rule and regulation is promulgated." (Emphasis added.) The emphasized language above was added by the legislature in 1986. L. 1986, ch. 318 ยง 4.
The KJRA venue provision in its original form appears to have been a narrow one. KSBA notes Professor David Ryan's analysis of venue under the KJRA shortly after its enactment:
"Venue was one of the tougher issues in the course of the legislative promulgation of the KJRA. The Judicial Council recommended several alternative venues, but it may be noted a number of state agencies voiced their concern about traveling outside Topeka. In the resulting controversy over whether to grant a broad or narrow venue for administrative appeals, the proposed Act went for many weeks without any venue provision at all between the House and Senate versions, until it was finally resolved. In its final format, venue is quite simple and pro-agency: being the `county in
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