44-1011.Enforcement of commission orders; judicial review;procedure.(a) The commission, attorney general or county or districtattorney, at the request ofthe commission, may secure enforcement of any final order of thecommissionin accordance with the act for judicial review andcivil enforcement of agency actions. The evidence presented to the commission, togetherwith its findings and the order issued thereon, shall be certified bythe commission to the district court as its return. No order of thecommission shall be superseded or stayed during the proceeding on reviewunless the district court shall so direct.
(b) Any action of the commission pursuant to the Kansas act againstdiscrimination is subject to review in accordance with the act for judicialreview and civil enforcement of agency actions except: (1) As provided byK.S.A. 44-1044 and amendments thereto; (2) the attorney generalor county or district attorney, in addition to those persons specified byK.S.A. 77-611 and amendments thereto, shall have standing to bring anaction for review; and (3) 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 its discretion, may permit any party orthe commission 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 commissionis not affirmed, the court may set aside or modify it, in whole or inpart, or may remand the proceedings to the commission for furtherdisposition in accordance with the order of the court.
The commission'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.
The commission shall be deemed a party to the review of any order bythe court.
History: L. 1961, ch. 248, § 8; L. 1963, ch. 279, § 6; L.1965, ch. 323, § 7; L. 1967, ch. 285, § 3; L. 1970, ch. 192, §6; L. 1979, ch. 161, § 3;L. 1986, ch. 318, § 64; July 1.
44-1011.Enforcement of commission orders; judicial review;procedure.(a) The commission, attorney general or county or districtattorney, at the request ofthe commission, may secure enforcement of any final order of thecommissionin accordance with the act for judicial review andcivil enforcement of agency actions. The evidence presented to the commission, togetherwith its findings and the order issued thereon, shall be certified bythe commission to the district court as its return. No order of thecommission shall be superseded or stayed during the proceeding on reviewunless the district court shall so direct.
(b) Any action of the commission pursuant to the Kansas act againstdiscrimination is subject to review in accordance with the act for judicialreview and civil enforcement of agency actions except: (1) As provided byK.S.A. 44-1044 and amendments thereto; (2) the attorney generalor county or district attorney, in addition to those persons specified byK.S.A. 77-611 and amendments thereto, shall have standing to bring anaction for review; and (3) 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 its discretion, may permit any party orthe commission 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 commissionis not affirmed, the court may set aside or modify it, in whole or inpart, or may remand the proceedings to the commission for furtherdisposition in accordance with the order of the court.
The commission'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.
The commission shall be deemed a party to the review of any order bythe court.
History: L. 1961, ch. 248, § 8; L. 1963, ch. 279, § 6; L.1965, ch. 323, § 7; L. 1967, ch. 285, § 3; L. 1970, ch. 192, §6; L. 1979, ch. 161, § 3;L. 1986, ch. 318, § 64; July 1.
44-1011.Enforcement of commission orders; judicial review;procedure.(a) The commission, attorney general or county or districtattorney, at the request ofthe commission, may secure enforcement of any final order of thecommissionin accordance with the act for judicial review andcivil enforcement of agency actions. The evidence presented to the commission, togetherwith its findings and the order issued thereon, shall be certified bythe commission to the district court as its return. No order of thecommission shall be superseded or stayed during the proceeding on reviewunless the district court shall so direct.
(b) Any action of the commission pursuant to the Kansas act againstdiscrimination is subject to review in accordance with the act for judicialreview and civil enforcement of agency actions except: (1) As provided byK.S.A. 44-1044 and amendments thereto; (2) the attorney generalor county or district attorney, in addition to those persons specified byK.S.A. 77-611 and amendments thereto, shall have standing to bring anaction for review; and (3) 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 its discretion, may permit any party orthe commission 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 commissionis not affirmed, the court may set aside or modify it, in whole or inpart, or may remand the proceedings to the commission for furtherdisposition in accordance with the order of the court.
The commission'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.
The commission shall be deemed a party to the review of any order bythe court.
History: L. 1961, ch. 248, § 8; L. 1963, ch. 279, § 6; L.1965, ch. 323, § 7; L. 1967, ch. 285, § 3; L. 1970, ch. 192, §6; L. 1979, ch. 161, § 3;L. 1986, ch. 318, § 64; July 1.
