Volume 271 — Kansas Reports

SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — <italic>Judicial Review of Agency Action —</italic> <italic>Burden of Proof.</italic> In a judicial review of an agency action under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. <cross_reference>77-601</cross_reference> <italic>et seq</italic>., a party seeking relief from the agency has the burden of showing that the agency's order is invalid because it is based on a determination of fact that is not supported by evidence which is substantial when viewed in light of the record as a whole. K.S.A. <cross_reference>77-621</cross_reference>(c). 2. SAME — <italic>Agency Regulations — Force and Effect of Law.</italic> It is well established that administrative regulations within the statutory authority conferred upon the agency have the force and effect of law. 3. SAME — <italic>Department of Social and Rehabilitation Services —</italic> <italic>Duties of Secretary of Department.</italic> K.S.A. <cross_reference>39-708c</cross_reference>(b) provides that the Secretary of Social and Rehabilitative Services shall have the power and duty to determine the general policies relating to all forms of social welfare which are administered or supervised by the Secretary and to adopt the rules and regulations therefor. 4. SOCIAL WELFARE — <italic>Medical Assistance — Eligibility —</italic> <italic>Burden on Applicant to Show Eligibility.</italic> Each applicant for medical assistance shall supply, insofar as the applicant or recipient is able, information essential to the establishment of eligibility. K.A.R. <cross_reference>30-6-39</cross_reference>.