12-16,106.Human relations commission; enforcement and review of orders.
(a) A local human relations commission authorized by
ordinance to award compensatory damages
in the Kansas act against discrimination,[*]
in a discrimination case
may secure enforcement of any final order of such commission, or where authorized by
ordinance, the commission's director may secure enforcement of any final
order of such commission,
in accordance with the act for judicial review and
civil enforcement of agency actions in amounts not to exceed any
limitations prescribed in the Kansas act against discrimination. The
evidence presented to the
commission or director, together
with the commission's or director's findings and the order issued thereon,
shall be certified by
the commission or director to the district court as the commission's or
director's return. No order of the
commission or director shall be superseded or stayed during the proceeding on review
unless the district court so directs.
(b) (1) Any action of the commission or director
is subject to review in accordance with the act for judicial
review and civil enforcement of agency actions except: (A)
Determination by the commission or director that no probable cause exists
for crediting the allegations of a complaint brought before such commission
or director; (B) the commission or director,
in addition to those persons specified by
K.S.A. 77-611 and amendments thereto, shall have standing to bring an
action for review; and (C) on review,
the court shall hear the action by trial de novo with or without
a jury in accordance with the provisions of K.S.A. 60-238 and amendments
thereto, and the court, in the court's discretion, may permit any party or
the commission or director to submit
additional evidence on any issue. The review shall be heard and
determined by the court as expeditiously as possible. After hearing, the
court may affirm the adjudication. If the adjudication by the commission
or director is not affirmed, the court may set aside or modify the
adjudication, in whole or in
part, or may remand the proceedings to the commission or director for further
disposition in accordance with the order of the court.
(2) The commission's or director's copy of the testimony shall be available at all
reasonable times to all parties for examination without cost, and for
the purpose of judicial review of the order. The review shall be heard
on the record without requirement of printing.
(3) The commission or director shall be deemed a party to the review of any order by
the court.
12-16,106.Human relations commission; enforcement and review of orders.
(a) A local human relations commission authorized by
ordinance to award compensatory damages
in the Kansas act against discrimination,[*]
in a discrimination case
may secure enforcement of any final order of such commission, or where authorized by
ordinance, the commission's director may secure enforcement of any final
order of such commission,
in accordance with the act for judicial review and
civil enforcement of agency actions in amounts not to exceed any
limitations prescribed in the Kansas act against discrimination. The
evidence presented to the
commission or director, together
with the commission's or director's findings and the order issued thereon,
shall be certified by
the commission or director to the district court as the commission's or
director's return. No order of the
commission or director shall be superseded or stayed during the proceeding on review
unless the district court so directs.
(b) (1) Any action of the commission or director
is subject to review in accordance with the act for judicial
review and civil enforcement of agency actions except: (A)
Determination by the commission or director that no probable cause exists
for crediting the allegations of a complaint brought before such commission
or director; (B) the commission or director,
in addition to those persons specified by
K.S.A. 77-611 and amendments thereto, shall have standing to bring an
action for review; and (C) on review,
the court shall hear the action by trial de novo with or without
a jury in accordance with the provisions of K.S.A. 60-238 and amendments
thereto, and the court, in the court's discretion, may permit any party or
the commission or director to submit
additional evidence on any issue. The review shall be heard and
determined by the court as expeditiously as possible. After hearing, the
court may affirm the adjudication. If the adjudication by the commission
or director is not affirmed, the court may set aside or modify the
adjudication, in whole or in
part, or may remand the proceedings to the commission or director for further
disposition in accordance with the order of the court.
(2) The commission's or director's copy of the testimony shall be available at all
reasonable times to all parties for examination without cost, and for
the purpose of judicial review of the order. The review shall be heard
on the record without requirement of printing.
(3) The commission or director shall be deemed a party to the review of any order by
the court.
12-16,106.Human relations commission; enforcement and review of orders.
(a) A local human relations commission authorized by
ordinance to award compensatory damages
in the Kansas act against discrimination,[*]
in a discrimination case
may secure enforcement of any final order of such commission, or where authorized by
ordinance, the commission's director may secure enforcement of any final
order of such commission,
in accordance with the act for judicial review and
civil enforcement of agency actions in amounts not to exceed any
limitations prescribed in the Kansas act against discrimination. The
evidence presented to the
commission or director, together
with the commission's or director's findings and the order issued thereon,
shall be certified by
the commission or director to the district court as the commission's or
director's return. No order of the
commission or director shall be superseded or stayed during the proceeding on review
unless the district court so directs.
(b) (1) Any action of the commission or director
is subject to review in accordance with the act for judicial
review and civil enforcement of agency actions except: (A)
Determination by the commission or director that no probable cause exists
for crediting the allegations of a complaint brought before such commission
or director; (B) the commission or director,
in addition to those persons specified by
K.S.A. 77-611 and amendments thereto, shall have standing to bring an
action for review; and (C) on review,
the court shall hear the action by trial de novo with or without
a jury in accordance with the provisions of K.S.A. 60-238 and amendments
thereto, and the court, in the court's discretion, may permit any party or
the commission or director to submit
additional evidence on any issue. The review shall be heard and
determined by the court as expeditiously as possible. After hearing, the
court may affirm the adjudication. If the adjudication by the commission
or director is not affirmed, the court may set aside or modify the
adjudication, in whole or in
part, or may remand the proceedings to the commission or director for further
disposition in accordance with the order of the court.
(2) The commission's or director's copy of the testimony shall be available at all
reasonable times to all parties for examination without cost, and for
the purpose of judicial review of the order. The review shall be heard
on the record without requirement of printing.
(3) The commission or director shall be deemed a party to the review of any order by
the court.