Frequently Asked Questions About Legal Actions

What is an administrative citation?
An administrative citation is a legal notice issued directly by an agent of the ABC or a local law enforcement officer advising the licensee of an alleged liquor violation.

What is a notice of administrative action?
A notice of administrative action is a legal notice issued by the Director of ABC following a review of the administrative citation and evidence. This notice will contain a brief description of the alleged violation and the proposed penalty which can be a fine and/or license suspension and/or license revocation. Depending on the alleged violation and penalty, this notice may also include a scheduled pre-hearing conference.

What is a summary order?
A summary order is a legal notice signed by the Director of the ABC that advises the licensee of an alleged liquor violation and the proposed penalty. This notice will contain a brief description of the alleged violation and the proposed penalty which can be a fine and/or license suspension and/or license revocation.

Who is responsible for determining suspension and administrative fines?
The Director of the ABC.

How does the director determine suspensions and administrative fines?
Administrative fines and suspensions are determined by following the ABC Penalty grid which takes into consideration the number and seriousness of the offenses committed. The dates of the suspensions are determined by the director. The director may deviate from the established guidelines when mitigating or aggravating circumstances exist.

Can I request a hearing with the Director of the ABC?
Yes. You may request a hearing with the director; however, the request must be in writing, must be filed within 15 days after the service of the notice or the summary order and must state the reason for the hearing request. The ABC will schedule the case for a pre-hearing conference.

When I request a hearing with the Director of the ABC, where do I send it?
Kansas Department of Revenue
Alcoholic Beverage Control Division
Licensee Administrative Actions
915 SW Harrison St., Room 214
Topeka, KS 66612-1588

What is a pre-hearing conference?
This is an informal telephone conference that is scheduled by ABC for a specific date and time for the licensee to call in and speak with ABC representatives about the case. This includes discussions related to the issues and evidence in an attempt to resolve the case through stipulations and settlement. A pre-hearing order will be prepared to document the outcome of the conference. If there are issues that cannot be resolved at this level, an evidentiary hearing will be scheduled at a later date.

What is an Evidentiary Hearing?
This is a formal hearing that is conducted in Topeka at the ABC office. The Assistant Attorney General assigned to the ABC and the licensee each present testimony and/or evidence before the ABC Director. At the close of the hearing, the ABC Director will make a ruling based upon the evidence and testimony presented. If the licensee is found guilty, a fine, suspension or revocation will be ordered and an Initial/ final order will be prepared to document the outcome of the hearing.

How long do I have to pay the administrative fine?
Payment instructions are included on each notice or order.

What happens if I do not pay the administrative fine by the due date?
Your liquor license may be placed on an indefinite suspension until 48 hours AFTER you comply with the terms of the notice or order, during which time you will not be allowed to make any purchases or sales of alcoholic liquor or cereal malt beverages. Unpaid fines will prohibit the renewal of your liquor license.

What happens if I am not able to make my pre-hearing conference or hearing date?
You may request a continuance in writing to the Director of the ABC, who will review the request and make a decision as to whether a continuance will be granted. If the director grants your continuance request, the ABC will send you documents with the rescheduled date and time. If the director does not grant your continuance and you fail to appear, the conference or hearing will be held without your presence and a proposed default order will be issued.

Do I have appeal options for a proposed default order?
Yes, you may request reconsideration by the director and instructions to do so are included on the order.

Do I have appeal options for an Initial/Final Order?
Yes, you may request an appeal and instructions to do so are included on the order. Any licensee aggrieved by an order of the director may appeal by filing a notice of appeal with the Secretary of Revenue.

Do I have appeal options for a final order issued by the Secretary of Revenue?
Yes, if the licensee wishes to appeal the decision of the Secretary of Revenue, there are further appeal options available by filing for judicial review.

Do I need to be represented by an attorney?
This is your decision. You may represent yourself or you may be represented by an attorney.

Where can I make my administrative fine payment?
You may make your payment either online, by mail or in person.

Pay online at https://www.ksabconline.org/Login.aspx

Mail your payment to:
Kansas Department of Revenue
Alcoholic Beverage Control
Licensee Administrative Actions
915 SW Harrison Street, Room 214
Topeka, KS 66612-1588

Bring your payment in person to:
Kansas Department of Revenue
Alcoholic Beverage Control
915 SW Harrison Street, Room 214
Topeka, KS 66612
Hours: 8:00 - 4:30

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