Notice and Hearing Process
- If an ABC agent discovers a violation, an administrative citation is issued. The licensee will also receive a letter notifying them that a citation was issued. The case will then be reviewed by the assistant attorney general assigned to ABC, and if prosecution is deemed to be appropriate, a summary proceeding order will be issued to the licensee. The summary proceeding order includes a brief description of the alleged violation, the proposed penalty based on the violation and ABC's penalty grid and the licensee's history of violations. The licensee can accept the penalty by paying the recommended fine or observing the imposed suspension or revocation, or choose to appeal it by requesting a hearing.
- If the licensee requests a hearing, the case is docketed and the licensee will receive notice of the date and time of the hearing. At this point, the licensee may choose to hire an attorney to represent them throughout the appeal process, or they may represent themselves. At any point prior to the hearing, the licensee may contact ABC in an attempt to discuss a potential settlement of the matter. If a settlement can be reached, the licensee will receive a consent agreement outlining the terms of such settlement.
- Evidentiary hearings are conducted at the ABC office in Topeka. If the case goes to a full evidentiary hearing, the assistant attorney general assigned to ABC and the licensee each present evidence before the ABC director. Testimony is presented in a sworn fashion, similar to a trial, pursuant to the Kansas Administrative Procedures Act. At the close of the hearing, the director will make a ruling. A final order will be issued documenting the outcome of the hearing. If the licensee is found guilty, a fine, suspension and/or revocation will be ordered, which may or may not be the same as was recommended in the summary proceeding order.
- Any licensee aggrieved by an order of the director may appeal from such order to the secretary of revenue by filing a notice of appeal. If the licensee wishes to appeal the decision of the secretary of revenue, contact ABC legal at KDOR_ABCLegal@KS.GOV to obtain the form. Following this review, if the licensee wishes to appeal the decision, there are further appeal options available by filing for judicial review through district court which will be outlined on the final order issued following this review per KSA 77-527.
Who is responsible for determining fine amounts, suspensions and revocation?
ABC has a penalty grid the director uses as a guide to determine the appropriate penalty. The licensee's violation history determines where on the grid the penalty should be taken. Violations affecting public safety tend to trigger more serious penalties. The director also considers mitigating and aggravating circumstances in arriving at an appropriate penalty.
To use the online system you must pay using an electronic check or credit/debit card. If you do not already have an online account at ksabconline.gov you will also be required to have your online access code to set up your online account. If you do not have access to your online access code, you may obtain it by contacting the Licensing Unit at 785-296-7015 (press option #2) or send an email to: KDOR_abc.firstname.lastname@example.org.
Please note that the payment processing vendor charges a service charge for electronic payments, $1.50 for an electronic check or 2.5 percent of the total for credit/debit card use. In just a few clicks your fine can be paid.