Liquor Licensee Administrative Actions (LAA)
LAA Hearing Process
- A Notice of Administrative Action is issued following an investigation by a Kansas ABC agent or other law enforcement officer. The Notice includes a proposed penalty based on the violation, ABC's penalty grid and the licensee's history of violations. The licensee can agree to the penalty or request a hearing.
- If the licensee requests a hearing, the case is docketed and a pre-hearing conference is scheduled. The pre-hearing conference is typically conducted over the telephone. The purpose is to determine what the issues are, whether there are any issues in dispute and either resolve the matter or schedule it for an evidentiary hearing. If the case is resolved, the licensee agrees to pay a fine and, in some cases, serve a suspension or have the license revoked.
- 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 pursuant to the Kansas Administrative Procedures Act. If the Director finds the licensee in violation, a fine, suspension or revocation is ordered.
What is a Notice of Administrative Action?
A Notice of Administrative Action is a legal notice approved by the Assistant Attorney General assigned to ABC and the ABC Director advising the licensee of an alleged liquor violation as well as the proposed penalty for committing the violation.
Who is responsible for determining fine amounts, suspensions and revocation?
The Director of the ABC. ABC has a penalty grid that 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 from. Violations affecting public safety tend to trigger more serious penalties. The Director also considers mitigating and aggravating circumstances in arriving at a fair penalty.
What happens if a licensee fails to pay the ordered fine?
The license would be subject to indefinite suspension or revocation.
What happens if a licensee fails to close during the dates mandated in a suspension order?
The license would be subject to revocation.
What is the difference between a license suspension and a license revocation?
A suspension is temporary in nature – it has a beginning and end date. A license revocation is forever. The licensee is banned from ever obtaining another liquor license.
What about criminal sanctions?
Selling or furnishing alcohol to a minor is a crime. An employee of a liquor licensee who sells alcohol to a minor can be criminally charged for the offense. The crime is prosecuted by the district or county attorney where the alleged violation occurred. This is in addition to the administrative citation that is issued against the liquor license by the ABC.
Where can I find the latest administrative actions?
The latest licensee administrative actions can be found at https://www.kdor.org/abc/abclla/abcadactionslic.aspx.