Introduction to Basic Legal Citation - access-to-law home

(3) Citations to all other authorities shall include the page or pages.When treatises or
textbooks are cited, the edition must be designated. In citing authorities other than cases,
references shall be made as follows: Codes, to section number; treatises, textbooks and
encyclopedias, to section and page; all others, to page or pages. Use of the “supra” and
“infra” forms of citation is discouraged.
e. Internal cross-references. Use of "supra" and "infra" is not permitted.
Kansas: Supreme Court citation practice | Citation rule(s)
186
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Examples from Schmidt v. Kan. State Bd. of Technical Professions, 271 Kan.
206, 21 P.3d 542 (2001)
. . . .
Michael Schmidt, a licensed engineer, appeals the decision of the Shawnee County District
Court affirming an order of the Kansas State Board of Technical Professions (the Board). The
Board determined that certain construction drawings prepared by Schmidt constituted the
practice of architecture as defined by K.S.A. 2000 Supp. 74-7003. The Board further held that
Schmidt, unlicensed to practice architecture, was in violation of the regulations pertaining to
professional conduct established by K.A.R. 66-6-4(e) (1995 Supp.) which regulations prohibit
a licensee from affixing a signature, seal, or both, to a plan dealing with a subject matter
outside the licensee's field of competence. The Board publicly censured Schmidt because he
affixed his engineer's seal to documents dealing with the subject matter of architecture, an
area which it held to be outside his field of competence as established by his education,
training and licensing. The Board also required that he pay costs of $ 5,000, an amount the
Board determined was a portion of the Board's investigative cost, expenses, and attorneys fees
in prosecuting the matter, and an amount equal to the statutory limit.
. . . .
Because the primary issue in this appeal involves the interpretation of statutes and regulations,
the rules of statutory construction set forth in Todd v. Kelly, 251 Kan. 512, 516, 837 P.2d
381(1992), apply. "'"In order to ascertain the legislative intent, courts are not permitted to
consider only a certain isolated part or parts of an act, but are required to consider and
construe together all parts thereof in pari materia."'" Landry v. Graphic Technology, Inc., 268
Kan. 359, 365, 2 P.3d 758 (2000) (quoting Todd, 251 Kan. at 516).
Similarly, when interpreting administrative regulations, the courts generally will defer to an
agency's interpretation of its own regulations. The agency's interpretation will not be
disturbed unless it is clearly erroneous or inconsistent with the regulation. Murphy v. Nelson,
260 Kan. 589, 595, 921 P.2d 1225 (1996). However, the administrative agency may not use
its power to issue regulations which alter the legislative act which is being administered. In re
Tax Appeal of Newton Country Club Co., 12 Kan. App. 2d 638, 647, 753 P.2d 304, rev.
denied 243 Kan. 779 (1988).