41-321. Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary. (a) Whenever the director denies an application for any license or suspends, involuntarily cancels or revokes any license, the director shall prepare an order so providing which shall be signed by the director, or a person designated by the director, and the seal of the director shall be affixed thereto. The order shall state the reason or reasons for the denial, suspension, involuntary cancellation or revocation. The order shall be served in accordance with the provisions of K.S.A. 77-531, and amendments thereto.
(b) Any applicant or licensee aggrieved by any order of the director may appeal from such order to the secretary by filing a notice of appeal with the secretary. Such notice of appeal must either be mailed to the secretary by certified mail or filed with the secretary within 15 days after service of the order appealed from or, if such appeal is taken because the director has failed to enter the order on an application for a license, within 15 days after the date an application for a license is considered to have been denied as provided in K.S.A. 41-319, and amendments thereto. The notice of appeal shall be on a form which shall be prescribed and furnished by the secretary. Whenever any such notice of appeal is filed, the secretary shall notify, in writing, the director of such appeal. Review of a director's order by the secretary shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1949, ch. 242, § 37; L. 1985, ch. 170, § 6; L. 1986, ch. 318, § 46; L. 1987, ch. 182, § 29; L. 1988, ch. 356, § 134; L. 1989, ch. 146, § 1; L. 2015, ch. 82, § 14; July 1.
Structure Kansas Statutes
Chapter 41 - Intoxicating Liquors And Beverages
Article 3 - Licensing And Related Provisions; City Option
41-301 Retailer's license, premises within city.
41-302 Same; election; licensees' rights.
41-303 Retailer's license, premises outside city.
41-305 Manufacturer's license; rights of licensee; samples; other.
41-306 Spirits distributor's license; rights of licensee.
41-306a Wine distributor's license; rights of licensee.
41-307 Beer distributor's license; rights of licensee.
41-308 Retailer's license; rights of licensee.
41-308d Retailer's license; wine, beer and spirits tastings; rules and regulations.
41-309 Nonbeverage user's license; rights of licensee.
41-310 License fees; term; city or township taxes.
41-311 Persons and entities ineligible for licensure.
41-311b Licensure of nonresidents.
41-311c Licensure qualifications for limited liability company.
41-315 Retail license; applies only to premises described; removal; procedure.
41-317 License applications; forms; fees; bonds.
41-319 Time limit on grant or denial of license.
41-320a Suspension, involuntary cancellation or revocation of license; grounds.
41-321 Refusal, suspension, involuntary cancellation or revocation of license; appeal to secretary.
41-322 Same; powers of secretary; subpoenas.
41-323 Same; judicial review of secretary's decision.
41-324 Same; duty of county or district attorney.
41-326 Licenses; term; assignability; refund of fees, when.
41-328 Violations of act; civil penalties.
41-328b Administrative orders; civil fines; time limit on orders.
41-330 Denial or revocation of license for alcohol-related convictions; notice and hearing.
41-331 Suppliers; annual permit; brand registration.
41-332 Same; temporary permit to import certain liquor.
41-342 Nonalcoholic malt beverages; title of act.
41-344 Same; sales by certain licensees.
41-345 Same; distribution; sales and taxation.
41-346 Administrative action for offenses involving minors; defense.
41-351 Farm winery; bona fide farmers' market sales permit; rules and regulations.
41-352 Packaging and warehousing facility permit; rights of permit holder.
41-355 Producer's license; rights of licensee; maintenance of records.