Complaint Grievance and Appeals Process

An administrative hearing is very similar to a trial in court with witnesses, exhibits, and rules of evidence. The hearing is your chance to tell your side to an impartial Presiding Officer. The hearing is recorded. The recording will become part of the official record of your case.

Send your written request for a hearing to the address indicated on the notice you received. It must be received within the time period stated on the notice.

Be sure to include your full name, address, telephone number, a copy of the notice from which you are appealing, the agency name and a description of the action you are appealing.  If at any time during the appeal process your address changes, it is your responsibility to provide that address change to the Presiding Officer.

Notice of the date, time, and place of the hearing will be sent to you at least 10 days before the hearing.

Hearings are usually held in Topeka. Portions of the hearing may be conducted by telephone. Appear on time to your hearing with your witnesses (if any) and documents.

You may request to review such information prior to the hearing date.

Yes.  You may have an attorney represent you at the hearing.  The attorney will be at your expense.  If you hire an attorney, he or she must be licensed in the State of Kansas and enter their appearance on your behalf prior to the hearing.

Yes.  The Presiding Officer can issue a subpoena that requires the subpoenaed person to attend the hearing.  If you want a subpoena issued, you must make a written request to the Presiding Officer of the witness's name and address prior to the hearing.  You are responsible for serving the subpoena and complying with all witness fees and expenses.

Yes.  The Presiding Officer can issue a subpoena that requires the subpoenaed person to attend the hearing.  If you want a subpoena issued, you must make a written request to the Presiding Officer of the witness's name and address prior to the hearing.  You are responsible for serving the subpoena and complying with all witness fees and expenses.

A Presiding Officer from the Office of Administrative Hearings conducts the hearing.

Neither.  The Presiding Officer is an administrative law judge, who is an impartial individual.  He or she will enter an initial order based upon what is presented by the agency and by you at the hearing.

You may request a review in writing.  The Initial Order will indicate the agency head to whom a request for review should be addressed.  Observe any deadline mentioned in your order.  Further appeal rights will be outlined in the initial order.  The agency head will issue a final order indicating their decision.

You may file a petition for judicial review pursuant to K.S.A. 77-601 et. seq.

Failing to read the notices and documents issued as part of the hearing process.  Read everything you receive very carefully.