Personal Service Provisions In Kansas
In State v. Kristek, 14 Kan. App. 2d 77, 79, 781 P.2d 1113 (1989), the court referred to the notice provisions of the Kansas Department of Revenue. 8-1001 and stated:
"Since these procedures are specific and were enacted as part of a comprehensive revision, it may be assumed that the legislature included all the requirements which they intended to impose on law enforcement officers."
In Anderson v. Kansas Dept. of Revenue, 18 Kan. App. 2d 347, Syl. P 2, 853 P.2d 69, rev. denied 253 Kan. 856 (1993), our court noted: "A driver whose driving privileges have been suspended is not required to show prejudice if not personally served in order for the mandatory personal service provisions of the Kansas Department of Revenue 8-1002(c) to be enforced."
This holding in Anderson is entirely consistent with the clear and unambiguous language of the statute. Substantial compliance was held insufficient because personal service is expressly required and sets into motion the substantive proceedings to suspend driving privileges.