Administrative Hearing Information
The Administrative Hearing Section sets administrative hearings for licensees when allowed by law. The hearings are conducted by Kansas Department of Revenue Administrative Hearing Officers.
Licensees may be entitled to an administrative hearing resulting from an alcohol related occurrence, an accident or traffic stop with no insurance, an insurance lapse, cancellation of driving privileges for medical reasons, school safety suspensions or other reasons as permitted by Kansas law.
The Administrative Hearing Section cannot give you legal advice and you are encouraged to contact an attorney. If you need to contact the Administrative Hearing Section, the telephone number is (785) 296-6911. The facsimile is (785) 296-0275.
The procedure to request a hearing as it relates to an alcohol related occurrence only is set out below. For information regarding all other administrative hearing requests, please contact the Administrative Hearing Section or consult an attorney.
- A hearing request may be made either by mailing a written request which is postmarked within 14 calendar days after the date of service of the officer’s certification, or by sending a written request by electronic facsimile (fax) to the Division of Vehicles within 14 calendar days after the date of service of the officer’s certification. If the officer’s certification was served on you by mail, you will have an additional 3 days, pursuant to K.S.A. 60-206(d).
- The hearing request must include your full name, driver’s license number, birth date and a telephone number at which you or your legal representative can be reached if necessary.
- Constitutional issues cannot be decided at the administrative hearing, but may be preserved and raised in a petition for review of the hearing to a State district court as provided in K.S.A. 8-1020(o) and (p), and amendments thereto.
- The hearing request must include your current address. If the address you provide in your written request for a hearing is different than the address on the officer’s certification, the address in your hearing request will be treated as a change of address pursuant to K.S.A. 8-248. All correspondence will be sent to the address provided in the hearing request.
- The hearing request must state whether you want to have the certifying officer(s) subpoenaed to the administrative hearing. If you wish to contest the facts contained in the officer’s certification at the administrative hearing, you have the burden of disproving those facts, and you may need to compel the appearance of the certifying officer(s) to do so. If you fail to request any officer’s attendance at the time you make a hearing request, your right to compel that attendance by subpoena will be deemed waived and this law enforcement officer’s certification will be admitted as evidence at the hearing.
- You must pay a nonrefundable hearing fee of $50.00 within the time period for making a timely request for a hearing (check or money order preferred). The $50 hearing fee must be postmarked within the time period for making a timely hearing request or your hearing request will be denied. (A faxed image of cash or of a check or money order will not be accepted.) Checks should be made payable to: Administrative Hearing Section, Kansas Department of Revenue.
Upon receipt of your timely written hearing request and fee, a hearing will be scheduled by telephone conference call. You may request that the hearing be conducted in person before a representative of the Director of Vehicles. Any request for an in person hearing must be made at the time you request a hearing. A written notice will be mailed to you setting out the time, date and place of the hearing. Any temporary driving privileges granted on the reverse side of this document will be extended until a final determination is made.
Mail hearing requests to:
DL Administrative Hearing Section
Kansas Department of Revenue
P.O. Box 2744
Topeka, KS 66601-2744
Send electronic facsimile (fax) requests to: (785) 296-0275.