Bartlett Grain Co. v. Kansas Corp. Comm'nAnnotate this Case
The Kansas Corporation Commission (KCC) issued a show cause order alleging that Bartlett Grain Company solicited for-hire motor carriers who violated several motor carrier safety laws. Bartlett answered the show cause order, contesting the KCC's jurisdiction over it with respect to its hiring of third-party motor carriers. Upon reconsideration, the KCC found it had jurisdiction over Bartlett to proceed. On review, the district court affirmed. Bartlett appealed, and the KCC stayed the ongoing agency proceedings pending judicial review. The Supreme Court transferred the case to its court on its own motion. Before considering the merits of the jurisdictional issue, the Court first addressed the issue raised sua sponte by the Court, i.e., whether the agency's order finding it had jurisdiction over the substantive violations alleged in the show cause order was a final agency action subject to judicial review. The Court held that the action from which Bartlett appealed was a nonfinal agency action and, therefore, dismissed the appeal for lack of jurisdiction.