 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
HALE v. SUBSTANCE ABUSE CENTER EAST5/6/1994
This case is an appeal from the district court's review of an agency action under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. 77-601 et seq. (KAJR). The appellants contend the court erred by holding the service and notice of judicial review was properly given to all the parties. We affirm.
Lynn Hale, petitioner/appellee, filed a petition for judicial review of a workers compensation award. She served the petition on the Director of Workers Compensation. The administrative law judge and the attorneys for the employer, the insurance carrier, and the State Workers Compensation Fund received notice of the petition. The appellants responded, claiming the notice did not comply with K.S.A. 77-613(d), and filed a motion to dismiss. After considering the substantive issues, the court reviewed the parties' memorandums on the procedural issue.
The trial court held the appellee had complied with the requirements of K.S.A. 77-613 and K.S.A. 77-615 and denied the motions to dismiss. The court modified the Director's award, giving Hale a 25% disability to the body as a whole as opposed to a 25% disability to the right knee.
Because this appeal involves a question of law — the interpretation of a statute — this court is free to substitute its judgment for the trial court's if it disagrees with the trial court's interpretation. See K.S.A. 77-621(c)(4); Williams v. Excel Corp., 12 Kan. App. 2d 662, 664, 756 P.2d 1104 (1988).
The question presented is who should receive service and notice of a petition for judicial review of an agency action pursuant to KAJR? Two statutes are at issue, K.S.A. 77-615 and K.S.A. 77-613(d).
K.S.A. 77-615 states:
"(a) A petitioner for judicial review shall serve a copy of the petition in the manner provided by subsection (d) of K.S.A. 77-613 and amendments thereto upon the agency head or on any other person or persons designated by the agency head to receive service.
"(b) The petitioner shall give notice of the petition for judicial review to all other parties in any adjudicative proceedings that led to the agency action."
K.S.A. 77-613(d) states:
"Service of an order, pleading or other matter shall be made upon the parties to the agency proceeding and their attorneys of record, if any, by delivering a copy of it to them or by mailing a copy of it to them at their last known addresses. Delivery of a copy of an order, pleading or other matter means handing it to the person being served or leaving it at that person's principal place of business or residence with a person of suitable age and discretion who works or resides therein. Service shall be presumed if the presiding officer, or a person directed to make service by the presiding
officer, makes a written certificate of service. Service by mail is complete upon mailing. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after service of a order, pleading or other matter and it is served by mail, three days shall be added to the prescribed period."
The respondents argue these two statutes must be read together. Thus, they see the statutes as requiring that the petition be mailed to all parties and their attorneys. The trial court interpreted the statutes to require that the petition be served only on the agency head, with notice to other parties. The trial court also interpreted notice to the "parties" to allow notice only to the attorneys for the parties.
Party is defined in K.S.A. 77-602 as follows:
"(f) `Party to agency pro
Page 1 2 3 Kansas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|