KANSAS STATUTES AND CODES

47-1507. Review of actions of commissioner and board.

47-1507

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS Article 15.--FEEDLOTS

47-1507. Review of actions of commissioner and board.(a) If any feedlot operator is aggrieved by any action of the commissionerpertaining to the operation and licensed feedlot operations, other than anorder of the commissioner resulting from a hearing conducted in accordancewith the Kansas administrative procedure act, such aggrieved operator shallhave the right to appeal to the board, by servingwritten notice upon the commissioner within 15 days after notice of suchaction is deposited in the mail, addressed to such operator, as evidencedby date stamp applied by the United States postal service.

Upon the filing of such a notice of appeal with the commissioner, thecommissioner shall cause the matter to be set for hearing for a datecertain within 30 days after receipt of such notice of appeal. Thecommissioner shall call the board into session for thepurpose of hearing such appeal in the county where the operation is beingconducted. The board shall conduct a hearing thereon inaccordance with the provisions of the Kansas administrative procedure actand issue an order and decision determining whether the grievance of suchoperator is justified. If the record shows any abuse of discretion or anymisinterpretation of the law or rules and regulations by the commissioner,the board may reverse the decision of the commissioneror modify or affirm the commissioner's decision.

An order of the commissioner resulting from a hearing in accordance withthe provisions of the Kansas administrative procedure act is subject toreview by the board in accordance with K.S.A.77-527 and amendments thereto.

(b) Any action of the board pursuant to subsection(a) is subject to review in accordance with the act for judicial review andcivil enforcement of agency actions.

(c) The commissioner and, upon appeal, the boardshall have the exclusive power to determine whether or not a feedlotoperator has complied with the standards set forth in this act and rulesand regulations adopted by the commissioner, subject to review as providedby subsection (b).

History: L. 1963, ch. 287, § 7;L. 1986, ch. 318, § 70;L. 1988, ch. 356, § 157;L. 1989, ch. 156, § 58; July 1.