8-259.Cancellation, suspension, revocation or
denial of license by
division; judicial review.
(a) Except in the case of mandatory revocation under K.S.A. 8-254 or 8-286,
and amendments thereto, mandatory suspension
for an alcohol or drug-related conviction under subsection (b) of K.S.A.
8-1014, and amendments thereto, mandatory
suspension under K.S.A. 8-262, and amendments thereto, or mandatory
disqualification of the privilege to drive a commercial motor vehicle under
subsection (a)(1)(A), (a)(1)(B), (a)(1)(C),
(a)(2)(A), (a)(3)(A) or (a)(3)(B) of K.S.A.
8-2,142, and amendments thereto, the cancellation, suspension,
revocation, disqualification or denial of a person's driving privileges by
the division is subject to
review. Such review shall be in accordance with the act for judicial
review and civil enforcement
of agency actions. In the case of review of an order of suspension under
K.S.A. 8-1001 et seq., and amendments thereto,
or of an order of disqualification under subsection
(a)(1)(D) of K.S.A. 8-2,142, and amendments thereto,
the petition for review
shall be filed within 10 days after the effective date of the order and
venue of the action for review is the county where the administrative
proceeding was held or the county where the person was arrested. In all
other cases, the time for filing the petition
is as provided by K.S.A. 77-613, and amendments thereto, and venue is the
county where the licensee resides.
The action for review shall be by trial
de novo to the court.
The court shall take testimony, examine the facts of the case and
determine whether the petitioner is entitled to
driving privileges or whether the petitioner's driving privileges are subject
to suspension, cancellation or revocation under the
provisions of this act.
Unless the petitioner's driving privileges have been extended pursuant to
subsection (o) of K.S.A. 8-1020, and amendments thereto,
the court on review may grant a stay or
other temporary remedy pursuant to K.S.A. 77-616, and amendments thereto,
after considering the petitioner's traffic violations record and liability
insurance coverage. If
a stay is granted, it shall be considered equivalent to any license
surrendered. If a stay is not
granted, trial shall be set upon 20 days' notice to the legal services
bureau of the department of revenue. No stay shall be issued if a
person's driving privileges are canceled pursuant to
K.S.A. 8-250, and amendments thereto.
(b) The clerk of any court to which an appeal has been taken under this
section, within 10 days after the final disposition of such
appeal, shall forward a notification of the final disposition to the
division.
History: L. 1937, ch. 73, § 26; L. 1949, ch. 104, § 31; L. 1959,
ch. 49, §
27; L. 1963, ch. 52, § 2;
L. 1985, ch. 47, § 1;
L. 1986, ch. 318, § 16;
L. 1987, ch. 184, § 1;
L. 1988, ch. 47, § 10;
L. 1989, ch. 38, § 32;
L. 1990, ch. 44, § 2;
L. 1991, ch. 36, § 12;
L. 1993, ch. 259, § 15;
L. 1994, ch. 353, § 3;
L. 2005, ch. 31, § 3; Apr. 7.
8-259.Cancellation, suspension, revocation or
denial of license by
division; judicial review.
(a) Except in the case of mandatory revocation under K.S.A. 8-254 or 8-286,
and amendments thereto, mandatory suspension
for an alcohol or drug-related conviction under subsection (b) of K.S.A.
8-1014, and amendments thereto, mandatory
suspension under K.S.A. 8-262, and amendments thereto, or mandatory
disqualification of the privilege to drive a commercial motor vehicle under
subsection (a)(1)(A), (a)(1)(B), (a)(1)(C),
(a)(2)(A), (a)(3)(A) or (a)(3)(B) of K.S.A.
8-2,142, and amendments thereto, the cancellation, suspension,
revocation, disqualification or denial of a person's driving privileges by
the division is subject to
review. Such review shall be in accordance with the act for judicial
review and civil enforcement
of agency actions. In the case of review of an order of suspension under
K.S.A. 8-1001 et seq., and amendments thereto,
or of an order of disqualification under subsection
(a)(1)(D) of K.S.A. 8-2,142, and amendments thereto,
the petition for review
shall be filed within 10 days after the effective date of the order and
venue of the action for review is the county where the administrative
proceeding was held or the county where the person was arrested. In all
other cases, the time for filing the petition
is as provided by K.S.A. 77-613, and amendments thereto, and venue is the
county where the licensee resides.
The action for review shall be by trial
de novo to the court.
The court shall take testimony, examine the facts of the case and
determine whether the petitioner is entitled to
driving privileges or whether the petitioner's driving privileges are subject
to suspension, cancellation or revocation under the
provisions of this act.
Unless the petitioner's driving privileges have been extended pursuant to
subsection (o) of K.S.A. 8-1020, and amendments thereto,
the court on review may grant a stay or
other temporary remedy pursuant to K.S.A. 77-616, and amendments thereto,
after considering the petitioner's traffic violations record and liability
insurance coverage. If
a stay is granted, it shall be considered equivalent to any license
surrendered. If a stay is not
granted, trial shall be set upon 20 days' notice to the legal services
bureau of the department of revenue. No stay shall be issued if a
person's driving privileges are canceled pursuant to
K.S.A. 8-250, and amendments thereto.
(b) The clerk of any court to which an appeal has been taken under this
section, within 10 days after the final disposition of such
appeal, shall forward a notification of the final disposition to the
division.
History: L. 1937, ch. 73, § 26; L. 1949, ch. 104, § 31; L. 1959,
ch. 49, §
27; L. 1963, ch. 52, § 2;
L. 1985, ch. 47, § 1;
L. 1986, ch. 318, § 16;
L. 1987, ch. 184, § 1;
L. 1988, ch. 47, § 10;
L. 1989, ch. 38, § 32;
L. 1990, ch. 44, § 2;
L. 1991, ch. 36, § 12;
L. 1993, ch. 259, § 15;
L. 1994, ch. 353, § 3;
L. 2005, ch. 31, § 3; Apr. 7.
8-259.Cancellation, suspension, revocation or
denial of license by
division; judicial review.
(a) Except in the case of mandatory revocation under K.S.A. 8-254 or 8-286,
and amendments thereto, mandatory suspension
for an alcohol or drug-related conviction under subsection (b) of K.S.A.
8-1014, and amendments thereto, mandatory
suspension under K.S.A. 8-262, and amendments thereto, or mandatory
disqualification of the privilege to drive a commercial motor vehicle under
subsection (a)(1)(A), (a)(1)(B), (a)(1)(C),
(a)(2)(A), (a)(3)(A) or (a)(3)(B) of K.S.A.
8-2,142, and amendments thereto, the cancellation, suspension,
revocation, disqualification or denial of a person's driving privileges by
the division is subject to
review. Such review shall be in accordance with the act for judicial
review and civil enforcement
of agency actions. In the case of review of an order of suspension under
K.S.A. 8-1001 et seq., and amendments thereto,
or of an order of disqualification under subsection
(a)(1)(D) of K.S.A. 8-2,142, and amendments thereto,
the petition for review
shall be filed within 10 days after the effective date of the order and
venue of the action for review is the county where the administrative
proceeding was held or the county where the person was arrested. In all
other cases, the time for filing the petition
is as provided by K.S.A. 77-613, and amendments thereto, and venue is the
county where the licensee resides.
The action for review shall be by trial
de novo to the court.
The court shall take testimony, examine the facts of the case and
determine whether the petitioner is entitled to
driving privileges or whether the petitioner's driving privileges are subject
to suspension, cancellation or revocation under the
provisions of this act.
Unless the petitioner's driving privileges have been extended pursuant to
subsection (o) of K.S.A. 8-1020, and amendments thereto,
the court on review may grant a stay or
other temporary remedy pursuant to K.S.A. 77-616, and amendments thereto,
after considering the petitioner's traffic violations record and liability
insurance coverage. If
a stay is granted, it shall be considered equivalent to any license
surrendered. If a stay is not
granted, trial shall be set upon 20 days' notice to the legal services
bureau of the department of revenue. No stay shall be issued if a
person's driving privileges are canceled pursuant to
K.S.A. 8-250, and amendments thereto.
(b) The clerk of any court to which an appeal has been taken under this
section, within 10 days after the final disposition of such
appeal, shall forward a notification of the final disposition to the
division.
History: L. 1937, ch. 73, § 26; L. 1949, ch. 104, § 31; L. 1959,
ch. 49, §
27; L. 1963, ch. 52, § 2;
L. 1985, ch. 47, § 1;
L. 1986, ch. 318, § 16;
L. 1987, ch. 184, § 1;
L. 1988, ch. 47, § 10;
L. 1989, ch. 38, § 32;
L. 1990, ch. 44, § 2;
L. 1991, ch. 36, § 12;
L. 1993, ch. 259, § 15;
L. 1994, ch. 353, § 3;
L. 2005, ch. 31, § 3; Apr. 7.