66-118a. Review proceedings; court of jurisdiction; parties; transfer to proper court.
66-118a
66-118a. Review proceedings; court of jurisdiction; parties; transfer toproper court.(a) As used in this act:
(1) "Party" means any person, firm, corporation, association,municipality,taxpayer, municipal organization, mercantile, agricultural ormanufacturing organization or system, public utility or common carrierinterested in any matter pending before the state corporation commissionor in proceedings for review of an order or decision of the commission.
(2) "Public utility" means a public utility as definedby K.S.A. 66-104 and amendments thereto.
(b) The court ofappeals shall have exclusive jurisdiction to review any agency action of thestatecorporation commission arising from arate hearing requested by a public utility or requested by the statecorporation commission when a public utility is a necessary party.Proceedings for review of other agency actions of the statecorporation commission shall be in accordance with K.S.A. 77-609 andamendments thereto.
(c) In proceedings for review of an agency action of thecommission, the state corporation commission and any public utility whichparticipated in the agency proceeding and could be bound by the review shallbe parties to theproceedings and shall have all rights and privileges granted by this actto any other party to such proceedings.
(d) A proceeding for review timely filed shall not be dismissed but shallbe transferred to the proper court if it is determined to have been improperlyfiled (A) in the court of appeals for an action not arising from a rate hearingor (B) in the district court in accordance with K.S.A. 77-609 and amendmentsthereto for an action arising from a rate hearing.
History: L. 1929, ch. 220, § 1; L. 1978, ch. 265, § 1;L. 1986, ch. 318, § 115;L. 1995, ch. 5, § 1; July 1.