Skip to content

RULE 83.7.1 REVIEW OF ORDERS OF ADMINISTRATIVE AGENCIES, BOARDS, COMMISSIONS, AND OFFICERS (INCLUDING SOCIAL SECURITY APPEALS)

« Back

 

(a) Review or Enforcement of an Agency Order-How Obtained.

(1) Petition for review of agency order. Review of an order of an administrative agency, board, commission, or officer must be obtained in the following manner:
(A) by filing a pleading with the clerk of the court; (B) within the time prescribed by law;
(C) in the form indicated by the applicable statute;
(D) with a caption that names each party seeking review;
(E) naming the defendant or respondent designated in the applicable statute;
(F) identifying the order or part thereof to be reviewed; and
(G) containing a citation of the statute by which jurisdiction is claimed. If two or more persons are entitled to seek judicial review of the same order and their interests are such as to make joinder proper, they may file a joint pleading. As used in this rule, the term "agency" includes any federal agency, board, commission, or officerincluding the Commissioner of Social Security under Title 42 of the United States Code.
(2) Application for enforcement of order; cross-application for enforcement. An application for enforcement of an order of an agency must contain a concise statement of the proceedings in which the order was entered, the facts upon which jurisdiction and venue are based, and the relief requested. In cases seeking review of an agency order, which the court has jurisdiction to enforce, the agency may file a cross-application for enforcement.
(3) Service of process. Service of process must be in the manner provided by Fed. R. Civ. P. 4, unless a different manner of service is prescribed by an applicable statute.

(b) The record on review or enforcement.

(1) Composition of the record. Unless the applicable statute provides otherwise, the record on review in proceedings to review or enforce an agency order is comprised of:
(A) the order sought to be reviewed or enforced;
(B) the findings or report on which it is based; and
(C) the pleadings, evidence, and proceedings before the agency.
(2) Omissions from or misstatements in the record. If anything material to any party is omitted from the record or is misstated therein, the parties may at any time supply the omission or correct the misstatement by stipulation, or the court may at any time direct the omission or misstatement be corrected and, if necessary, a supplemental record be prepared and filed.

(c) Filing of the record.

(1) Review Proceedings. In review proceedings, the agency must file the record with the clerk of this court when it files its answer unless the statute authorizing review provides a different time.
(2) Enforcement Proceedings. In enforcement proceedings, the record need not be filed unless the respondent has filed an answer contesting enforcement of the order. If the record is required, the court will fix the time for its filing.

(d) Filing and service of briefs. The party seeking review must serve and file a brief conforming to the requirements of D. Kan. Rule 7.6 within 45 days after the date on which the record is filed. The responding party must serve and file a brief within 30 days after service of the brief of the party seeking review. The party seeking review may serve and file a reply brief within 14 days after service of the brief of the respondent. The court may extend or shorten the time for filing and serving briefs. The case is submitted when all briefs have been filed. The court will render a decision upon the briefs and the record, without oral argument, unless the court otherwise directs.

(e) Applicability of other rules. The parties to any proceedings governed by this rule must give the same notice of the filing of pleadings, records, and other documents as is required by Fed. R. Civ. P. 5. All other provisions of the Federal Rules of Civil Procedure and the rules of this court apply to such proceedings to the extent they are applicable. This rule controls over any conflicting local rule.

* * *

As amended 3/04, 10/22/98.