Kansas Administrative Regulations Agency 133 - OFFICE OF ADMINISTRATIVE HEARINGS
Here’s an enhanced overview of Kansas Administrative Regulations (K.A.R.) Agency 133 – Office of Administrative Hearings, based on the most recent updates through Register Vol. 44 and statute K.S.A. 75‑37,121:
📚 Article 1: General Procedures Concerning Parties (Sections 133‑1‑1 to 133‑1‑4)
1. Section 133‑1‑1 – Definitions
Establishes core terms for this Article, including:
Director – Director of OAH
KAPA – Kansas Administrative Procedure Act (K.S.A. 77‑501 et seq.)
OAH – Office of Administrative Hearings
Presiding officer – Administrative Law Judge assigned to a hearing (kslegresearch.org)
2. Section 133‑1‑2 – Assignment of Administrative Law Judges
State agencies can request OAH to assign an ALJ for hearings not overseen by agency heads or covered by KAPA/K.S.A. 77‑551 (law.cornell.edu).
The OAH Director considers caseloads, conflicts, experience, and resources when assigning (law.cornell.edu).
After assignment, the agency must submit documentation (e.g. petitions, orders, hearing requests) supporting the hearing (law.cornell.edu).
3. Section 133‑1‑3 – Conduct of Proceedings
Hearings follow KAPA unless other laws apply; otherwise they adhere to statutes or ordinances (regulations.justia.com).
ALJs or the Director can require parties to file motions, briefs, or objections in specified formats and copies (regulations.justia.com).
Orders must include elements required by applicable law when proceedings are conducted under authority other than KAPA (regulations.justia.com).
4. Section 133‑1‑4 – Electronic Filing
Defines filings and the “OAH e‑filing system” as the secure web-portal for parties in proceedings delegated to OAH (kslegresearch.org).
Parties may file via mail, fax, or the e‑filing system, provided they:
Submit written consent to the system’s terms, and
Complete online registration for each case (kslegresearch.org).
Filing directly affects service on other parties—both must be registered to serve via e‑filing; non-parties need recognition by the ALJ .
System audits are available if a party claims timely filing failed due to system error; these must be requested before default or final orders (kslegresearch.org).
The e‑filing system launched January 2017, funded internally, and aimed to enhance efficiency by reducing mailing/copying costs .
🔍 Context & Statutory Authority
Statutory framework:
Established under K.S.A. 75‑37,121, the OAH is designated to manage adjudicative hearings for various state agencies (ksrevisor.org). It empowers the Director to assign ALJs and set procedures.
✅ Summary Table
| Section | Title | Highlights |
|---|---|---|
| 1‑1 | Definitions | Key terms: e‑filing, presiding officer, KAPA, etc. |
| 1‑2 | Assignment of ALJs | Procedure for requesting and assigning ALJs; documentation |
| 1‑3 | Conduct of Proceedings | Rules governing hearings and filing formats |
| 1‑4 | Electronic Filing | E‑filing portal details, consent, audit rights, and adoption in 2017 |
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