Legal Opinion

Hutson v. Mosier

Court of Appeals of Kansas

Decided September 8, 2017No. 117020Published

1Opinion of the Court

No. 117,020 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARCIA HUTSON, Appellant, v. SUSAN MOSIER, M.D., in her official capacity as SECRETARY OF KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellee. SYLLABUS BY THE COURT 1. The scope of judicial review of a state administrative agency action is defined by the Kansas Judicial Review Act (KJRA), K.S.A. 77-601 et seq. The party asserting the invalidity of an agency's action bears the burden of proving invalidity. 2. Interpretation of a statute or an administrative regulation is a question of law over which appellate courts have unlimited…

2Cases cited18 opinions

  1. Alexander v. ChoateSupreme Court of the United States · 1985
  2. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  3. Schweiker v. HoganSupreme Court of the United States · 1982
  4. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
  5. Ramey v. ReinertsonCourt of Appeals for the Tenth Circuit · 2001

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