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804 Kar 4:150. Request For Citation


Published: 2015

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      804 KAR 4:150.

Request for citation.

 

      RELATES TO: KRS

241.060, 243.520

      STATUTORY

AUTHORITY: KRS 241.060

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 243.520 authorizes revocation proceedings against

the licensee upon the complaint of "any person." In furtherance of

that statute, this administrative regulation provides that any competent

citizen of Kentucky may, by affidavit under oath, request a citation against a

licensee. Although all hearings before the Alcoholic Beverage Control Board are

civil in nature, this administrative regulation equates the right of any

citizen to file a formal complaint and have a warrant issued pursuant to

criminal law.

 

      Section 1. Any

competent citizen of Kentucky, under oath by affidavit, may request of the

Department of Alcoholic Beverage Control in writing that a citation be issued

against any licensee, requiring them to show cause why the licensee's license

or application should not be refused, suspended or revoked. Such requests shall

state the name and address of the licensee or applicant, the reason for the

request, state the offense committed and give the approximate hour and day of

the violation. (ABC 3:140; 1 Ky.R. 357; eff. 2-5-1975; TAm eff. 7-15-2014.)