49-402d. Rights saved in legal actions and proceedings. - Kansas Statutes

49-402d

Chapter 49.--MINES AND MINING Article 4.--MINED-LAND CONSERVATION AND RECLAMATION

      49-402d.   Rights saved in legal actions and proceedings.(a) No suit, action or other proceeding, judicial oradministrative, lawfully commenced, or which could have been commenced, byor against the state corporation commission or the mined-land conservationand reclamation board, or by or against any officer of the commission orthe board in relation to the discharge of such officer's official duties,shall abate by reason of the transfer of powers, duties and functionseffected under provisions of this act. The court may allow any such suit,action or other proceeding to be maintained by or against the Kansasdepartment of health and environment or any officer affected.

      (b)   No criminal action commenced or which could have been commenced bythe state shall abate by the taking of effect of this act.

      History:   L. 1988, ch. 192, § 4; July 1.