12-16,106.   Human relations commission; enforcement and review of orders.(a) A local human relations commission authorized byordinance to award compensatory damagesin the Kansas act against discrimination,[*]in a discrimination casemay secure enforcement of any final order of such commission, or where authorized byordinance, the commission's director may secure enforcement of any finalorder of such commission,in accordance with the act for judicial review andcivil enforcement of agency actions in amounts not to exceed anylimitations prescribed in the Kansas act against discrimination. Theevidence presented to thecommission or director, togetherwith the commission's or director's findings and the order issued thereon,shall be certified bythe commission or director to the district court as the commission's ordirector's return. No order of thecommission or director shall be superseded or stayed during the proceeding on reviewunless the district court so directs.

      (b) (1)   Any action of the commission or directoris subject to review in accordance with the act for judicialreview and civil enforcement of agency actions except: (A)Determination by the commission or director that no probable cause existsfor crediting the allegations of a complaint brought before such commissionor director; (B) the commission or director,in addition to those persons specified byK.S.A. 77-611 and amendments thereto, shall have standing to bring anaction for review; and (C) on review,the court shall hear the action by trial de novo with or withouta jury in accordance with the provisions of K.S.A. 60-238 and amendmentsthereto, and the court, in the court's discretion, may permit any party orthe commission or director to submitadditional evidence on any issue. The review shall be heard anddetermined by the court as expeditiously as possible. After hearing, thecourt may affirm the adjudication. If the adjudication by the commissionor director is not affirmed, the court may set aside or modify theadjudication, in whole or inpart, or may remand the proceedings to the commission or director for furtherdisposition in accordance with the order of the court.

      (2)   The commission's or director's copy of the testimony shall be available at allreasonable times to all parties for examination without cost, and forthe purpose of judicial review of the order. The review shall be heardon the record without requirement of printing.

      (3)   The commission or director shall be deemed a party to the review of any order bythe court.

      History:   L. 1988, ch. 205, § 1; July 1.