TECHNICAL AMENDMENT

July 15, 2014

 

      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[Alcoholic Beverage Control Board] 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.)