Kansas Administrative Regulations

Regulation Number:14-16-17
Agency Title: KANSAS DEPARTMENT OF REVENUE -- DIVISION OF A.B.C.
Article Title: Licenses; Suspension and Revocation
Tax Type:Intoxicating Liquors and Beverages
Brief Description:Hearing procedures; prehearing motions.
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14-16-17 Hearing procedures; prehearing motions. (a) Upon receipt of a citation and notice of hearing pursuant to K.A.R. 14-16-
16, any licensee or licensee's counsel may file with the director any prehearing motion authorized to be filed with the Kansas courts in actions pursuant to Chapter 61 of the Kansas Statutes Annotated.
(b) Motions shall be made within the following times:
(1) A motion by the licensee shall be filed within 10 days of receipt of the citation.
(2) Response to any motion of the licensee shall be filed by the agency within 10 days of receipt of a motion.
(3) The motion shall be acted on at least five days prior to the hearing on the citation.
(c) The director may grant such additional time as justice requires.
(d) Requests for continuances and other non-
substantive motions may be submitted orally, unless required to be filed in writing by the director. All other motions shall be in writing to the director. (Authorized by K.S.A. 41-210 as amended by L. 1987, Ch. 182, Sec. 10, 41-2634 as amended by L. 1987, Ch. 182, Sec. 85; implementing K.S.A. 41-320 as amended by L. 1987, Ch. 182, Sec. 28, 41-2626 as amended by L. 1987, Ch. 182, Sec. 77; effective May 1, 1988.)