77-617. Limitations on new issues.
153 words·~1 min read·
/ks/chapter-77/77-617A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
77-617. Limitations on new issues. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:
(a)The agency did not have jurisdiction to grant an adequate remedy based on a determination of the issue;
(b)the agency action subject to judicial review is a rule and regulation and the person has not been a party in adjudicative proceedings which provided an adequate opportunity to raise the issue;
(c)the agency action subject to judicial review is an order and the person was not notified of the adjudicative proceeding; or
(d)the interests of justice would be served by judicial resolution of an issue arising from:
(1)A change in controlling law occurring after the agency action; or
(2)agency action occurring or first reasonably knowable to the person after the person exhausted the last feasible opportunity for seeking relief from the agency.