Current through Register Vol. 41, No. 14, April 7, 2022
(a) Any party
aggrieved by any order or decision of the commission may file a petition for
reconsideration before the commission. All petitions for reconsideration shall
be filed pursuant to the appropriate statutory provisions relating to them.
(b) If the petitioner relies on
the ground that the commission, in making its determination, did not consider
any of the evidence presented in the proceeding, the petition for
reconsideration shall cite that portion of the transcript where the testimony
appears, if the transcript is available on the date of the commission's order.
The application shall specify by number the exhibits and the pertinent portion
of those exhibits that is alleged not to have been considered by the
(c) A party filing a
petition for reconsideration shall serve a copy of the petition upon all
parties to the proceeding in the manner prescribed by these regulations for the
filing and service of pleadings.
(d) The burden of going forward with the
evidence shall rest upon the applicant or applicants requesting
(e) All the
evidence, rules and regulations, instruments, and other documents admitted or
received in the original hearing or subsequent hearings shall, by operation of
this regulation, become a part of the record in the reconsideration, unless
otherwise directed by the commission.
(f) Each party desiring reconsideration shall
file a petition for reconsideration. Each party that files a petition for
reconsideration shall rely solely upon its own petition. A petitioner may
withdraw its petition for reconsideration at any time by motion. All parties
shall be entitled to cross-examine witnesses and be heard at the hearing in
which facts or issues are given reconsideration. Direct testimony may be
introduced only by the petitioner. Rebuttal testimony may be introduced by any
party. If two or more petitions for reconsideration are granted, at the
discretion of the commission, they may be consolidated for hearing and may be
heard on a common record.
Kan. Admin. Regs. §
Authorized by and
implementing K.S.A. 2001 Supp.
55-704, K.S.A. 2001 Supp.
66-106; effective Jan. 1, 1966;
amended Jan. 1, 1971; amended Feb. 15, 1977; amended July 23, 1990; amended
March 12, 1999; amended Oct. 10, 2003.