October 6, 1995

ATTORNEY GENERAL OPINION NO. 95- 97

The Honorable Carol Edward Beggs

State Representative, 71st District

P.O. Box 1222

Salina, Kansas 67402-1222

Re:	Statutes; Administrative Rules and Regulations and Procedure--
Administrative Procedure Act--Application of Act to City or County Planning and Zoning Commissions

Synopsis:	The Kansas administrative procedure act does not apply to city or county planning and zoning commissions. Cited herein: K.S.A. 77-502; 77-503; 77-507.

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Dear Representative Beggs:

You request our opinion whether the Kansas administrative procedure act (KAPA) applies to county or city planning and zoning commissions.

The KAPA only applies to those state agencies whose statutes expressly provide that KAPA will apply. K.S.A. 77-507, 77-503. The definition of state agency excludes political subdivisions of the state. K.S.A. 77-502(a). Political subdivision is defined as a political or taxing subdivision of the state including commissions that are supported by public funds. K.S.A. 77-502(g). City and county planning and zoning commissions are political subdivisions for purposes of KAPA, and, therefore, it is our opinion that the Kansas administrative procedures act does not apply to such commissions.

Very truly yours,

CARLA J. STOVALL

Attorney General of Kansas

Mary Feighny

Assistant Attorney General

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