Kansas Administrative Regulations Agency 13 - ALCOHOLIC BEVERAGE CONTROL BOARD OF REVIEW
Here’s an overview of Kansas Administrative Regulations – Agency 13: Alcoholic Beverage Control Board of Review:
📘 Structure & Contents
Agency 13 serves as the formal regulatory framework for appeals and oversight of the Kansas Division of Alcoholic Beverage Control (ABC). The regulations are organized into six Articles:
General Information (§13‑1‑1 to §13‑1‑2)
Appeals & Hearings (§13‑2‑1 to §13‑2‑15)
Orders of Board (§13‑3‑1 to §13‑3‑2)
Regular Meetings & Duties (§13‑4‑1 to §13‑4‑5)
Price & Freight Determination (§13‑5‑1 to §13‑5‑3)
Statutes, Regulations & Interpretation (§13‑6‑1) (law.cornell.edu)
You can review the full text on legal repositories like Cornell’s LII or Justia. (law.cornell.edu)
🏛 Board of Review: Role & Authority
Composition: The Board consists of a Chairman and two members, as established by K.S.A. 41‑203. (kgi.contentdm.oclc.org)
Primary duties:
Review and approve rules and regulations promulgated by the ABC Director
Hear appeals concerning license denials, suspensions, or Director’s rulings (kgi.contentdm.oclc.org)
Authority basis: Governed by the Kansas Administrative Procedure Act (KAPA) via K.S.A. 41‑321. (ksrevenue.gov)
⚖️ Appeals & Hearings (Article 2 Highlight)
Article 2 establishes the procedures for:
Filing appeals and scheduling hearings
Conducting evidentiary proceedings
Issuing final board decisions and stays
These provisions outline timelines, notice protocols, rights of parties, and how final orders are adopted.
📅 Orders & Meetings (Articles 3–4)
Article 3 covers the procedural issuance of official board decisions (§ 13‑3‑1–2); note § 13‑3‑2 was revoked in 1988. (law.cornell.edu)
Article 4 defines how and when the Board holds meetings, quorum requirements, and reporting duties.
💲 Price Determination (Article 5)
Regulations in Article 5 set the rules for establishing minimum pricing and freight markups—upholding the Board’s mandate in maintaining fair trade practices. (law.cornell.edu)
📚 Statutory Interpretation (Article 6)
Article 6 (§ 13‑6‑1) grants the Board authority to interpret related statutes and official regulations, ensuring consistent and lawful enforcement. (law.cornell.edu)
✅ Quick Recap
| Topic | Summary |
|---|---|
| Agency Structure | Six Articles covering everything from procedural rules to pricing authority |
| Board Composition | Three members (Chair + 2), defined by statute |
| Key Functions | Rule approval, appeals adjudication, price oversight, statutory interpretation |
| Legal Authority | Empowered by Kansas statutes (e.g., K.S.A. 41‑203, 41‑321) and governed by KAPA |
🔍 Where to Find the Rules
Cornell LII provides up-to-date codification of Agency 13. (sos.ks.gov, law.cornell.edu, law.cornell.edu)
Justia Regulations offers a similar but possibly older snapshot. (regulations.justia.com)
To confirm current status or find effective dates, refer to official Kansas Secretary of State publications or the Kansas Register. (sos.ks.gov)
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