Complaint Grievance and Appeals Process

RULES AND REGULATIONS
RELATING TO FAIR HEARINGS

K.S.A. 75-3306, as amended, provides that "The secretary ... shall provide a fair hearing for any person ... who appeals from the decision or final action of any agent or employee of the secretary". The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act, K.S.A. 77-501 et. seq.
A dissatisfied individual or entity must request an administrative hearing in writing and sign it (except for food assistance where the request may be oral). This form may be used but it is not a requirement. The request for an administrative hearing should be returned to the local agency office or sent to the Office of Administrative Hearings, 1020 S. Kansas Ave., Topeka, Kansas 66612. The individual or entity requesting the administrative hearing shall then be called an appellant and the party whose decision is appealed shall be called the respondent.
Written notice of the time and place of the hearing or prehearing shall be given by the Office of Administrative Hearings to the appellant and to the respondent at least ten days prior to the hearing.
The appellant may have a representative of his/her own choice at the hearing, along with the ability to have witnesses and produce documentary evidence relating to his/her appeal. Failure to participate in the scheduled hearing or any other matter scheduled regarding your appeal may result in your appeal being dismissed.
The hearing shall be conducted by a Presiding Officer from the Office of Administrative Hearings. (K.S.A. 75-37,121)
A recording shall be made of the hearing, and this recording shall be reduced to a transcript if requested for good cause shown by any of the parties to the hearing. If such a request is made, it will be the requesting party's responsibility to pay for the transcript.
A copy of the initial order of the Presiding Officer shall be mailed to the appellant and the respondent.
A request for administrative hearing shall be in writing and signed (except in food assistance where the request may be oral) and received by the agency within 30 days (90 days for food assistance) from the date of the order or notice of action taken by the agency.
If an individual is in need of any special accommodation in order to be involved in their hearing, they should notify the Office of Administrative Hearings, 1020 S. Kansas Ave., Topeka, KS 66612.
The Office of Administrative Hearings does not accept any filings by e-mail without prior approval of the Presiding Officer or their designee.

OAH Request for Hearing Form (Use of this form is not required by OAH).

OAH Appeal Withdrawal Form (Use of this form is not required by OAH).

Resources

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What is an administrative hearing?

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.
How do I request an administrative hearing?

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.
What should my request include?

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.
When will the hearing be held and how will I be notified of the hearing date?

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

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.
May I review the information relied upon by the agency in making the decision or taking the final action?

You may request to review such information prior to the hearing date.
What will I need to bring to the hearing?

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.
May I bring a witness 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.
Can witnesses be subpoenaed?

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.
Who conducts the fair hearing?

A Presiding Officer from the Office of Administrative Hearings conducts the hearing.
Does the Presiding Officer represent me or the agency?

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.
If I am dissatisfied with the initial order of the Presiding Officer, what is the next step?

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.
If I am dissatisfied with the final order issued by the Agency Head, what is the next step?

You may file a petition for judicial review pursuant to K.S.A. 77-601 et. seq.
What is the most frequent mistake made by individuals during the administrative hearing process?

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