Kansas Administrative Regulations

Regulation Number:14-16-19
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.
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14-16-19 Hearing procedures. The following procedures shall be used at all hearings before the director or the director's designee:
(a) The burden of proving all elements of any alleged offenses shall be upon the agency.
(b) The order for the hearing shall be:
(1) Reading of the citation into the record;
(2) announcement of appearances;
(3) response of licensee to allegations;
(4) presentation of evidence by the agency;
(5) presentation of evidence by the licensee;
(6) rebuttal evidence of the agency;
(7) surrebuttal evidence by the licensee; and
(8) closing arguments for both sides.
(c) The hearing officer may vary from the technical requirements of the rules of evidence when, in the hearing officer's opinion, such variation would be of assistance in determining the facts. Evidence need not be excluded solely because it is hearsay. (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.)