WSR 98-09-061

PROPOSED RULES

LIQUOR CONTROL BOARD

[Filed April 17, 1998, 1:35 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 97-13-070.

Title of Rule: Operations and procedures. Revising hours of operation and regular meeting schedule.

Purpose: The board currently meets with staff Tuesdays and Thursdays, and conducts formal board meetings on Wednesdays. In order to better meet the needs of the citizens and more quickly respond to their concerns, the board would like to add Mondays and Fridays as days for additional staff work sessions.

Statutory Authority for Adoption: RCW 66.08.030.

Summary: This will allow the board to add Mondays and Fridays as days for additional staff work sessions. It will also allow the board to have regular meetings (where public testimony is taken, petitions are accepted, and resolutions are adopted) Monday through Friday, so long as the proper legal notice is given.

Name of Agency Personnel Responsible for Drafting and Implementation: Bill Daley, P.O. Box 43080, Olympia, WA 98504-3080, phone (360) 753-6276.

Name of Proponent: Washington State Liquor Control Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 314-60-040 currently states regular meetings of the board are held on Tuesdays, Wednesdays, and Thursdays. The board meets with staff on Tuesdays and Thursdays, and conducts formal board meetings on Wednesdays. This change would add Mondays and Fridays as days for additional staff work sessions.

The rule also states it is the board's intent to hold its regular meetings on Wednesdays. This revision would allow the board to schedule petitions, take public testimony, and adopt resolutions on any day when a regular meeting may be scheduled, so long as the proper legal notice is given.

The purpose of this change is to better meet the needs of the citizens and more quickly respond to their concerns.

Proposal Changes the Following Existing Rules: This change would add Mondays and Fridays to the days the board can hold staff work sessions. It would also allow the board to hold regular meetings Monday through Friday, so long as the correct legal notice is published.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact to small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in section 201.

Hearing Location: Washington State Liquor Control Board, Board Room, Fifth Floor, 1025 East Union Avenue, Olympia, WA 98501, on May 27, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Teresa Berntsen by May 25, 1998, TDD (360) 586-4727 or (360) 586-1641.

Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, FAX (360) 664-9689, by May 27, 1998.

Date of Intended Adoption: June 17, 1998.

April 15, 1998

Nathan S. Ford, Jr.

Chair



REVISED SECTION [AMENDATORY SECTION (Amending WSR 92-14-027, filed 6/22/92)]



WAC 314-60-040  Operations and procedure. The general course and method by which the operations of the board are channeled and determined are illustrated by the following:

(1) An organizational chart is available from the board's public records office which illustrates the general structure and composition of the board's operations.

(2) Board procedures relating to hearings involving alleged violations of the liquor act and/or revised rules and regulations of the board are covered in chapter 314-04 WAC and in chapter 314-08 WAC Practice and procedure.

(a) General information pertaining to formal hearings is available from the board's public records office.

(b) Forms of notice of board action proposing to suspend a liquor license are available from the board's public records office.

(3) Pursuant to the requirements of the Open Public Meetings Act (chapter 42.30 RCW) all determinations and business of the board, except matters which are exempt from the act under RCW 42.30.140, or properly conducted in executive session, pursuant to RCW 42.30.110, will be made and conducted in meetings open to the public. Regular meetings of the board will be on Wednesday at 9:00 a.m. M ((m))eetings of the board ((are)) may be held on Monday, Tuesday, ((Wednesday, and)) Thursday, and Friday of each week, except on holidays, beginning at 8:00 a.m. or as soon thereafter as a quorum is assembled. Unless notice is otherwise given, meetings of the board will be held at its offices on the Fifth Floor, Capital Plaza Building, 1025 East Union Avenue, Olympia, Washington. For scheduling purposes, it is the board's intent to conduct staff meetings and work sessions at its Tuesday and Thursday meetings, and to schedule petitions, public testimony, and adoption of resolutions at its regular Wednesday meetings, however, so long as proper legal notice is given, the board may accept petitions, take public testimony and adopt resolutions on any day when a regular meeting may be scheduled under this rule. In addition to legal notice published pursuant to RCW 42.30, meeting notices will be published on the Internet at www.wa.gov./liq and information about meeting times and agendas will be available in the board office during regular office hours.



[Statutory Authority: RCW 66.08.030, 66.08.050 and 42.30.070. 92-14-027, § 314-60-040, filed 6/22/92, effective 7/23/92. Statutory Authority: RCW 66.08.030(1). 90-02-109, § 314-60-040, filed 1/3/90, effective 2/3/90. Statutory Authority: RCW 66.08.030 and 42.30.070. 82-10-021 (Order 104, Resolution No. 113), § 314-60-040, filed 4/28/82. Statutory Authority: RCW 66.08.030. 82-04-030 (Order 97, Resolution No. 106), § 314-60-040, filed 1/27/82; Order 56, § 314-60-040, filed 5/31/77, effective 7/1/77; Order 22, § 314-60-040, filed 4/17/73, effective 5/18/73.]



Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.



Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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