WSR 99-12-126

PREPROPOSAL STATEMENT OF INQUIRY

LIQUOR CONTROL BOARD


[ Filed June 2, 1999, 11:41 a.m. ]

Subject of Possible Rule Making: Notice and opportunity for hearing in contested cases, WAC 314-08-080.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030, 66.24.010(3), 34.05.434.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Administrative Procedure Act, specifically RCW 34.05.434, states that an agency must give written notice to all parties of a hearing, at least seven days in advance. Currently, WAC 314-08-080 states the Liquor Control Board will notify all parties at least twenty days before the hearing. The board would like to consider revising WAC 314-08-080, in order to have the option of notifying parties involved in contested cases not less than seven days in advance. The board intends to give parties as much notice as possible above the seven days required by law. The board would like to retain the option of notifying at least seven days in advance in certain cases that warrant prompt action, such as cases of emergency suspensions.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of the Attorney General. The Liquor Control Board will contact this agency for input into the proposed rule making.

Process for Developing New Rule: Input from retail licensees, local governments, and other interested parties will be obtained through series of notices and at least one public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, (360) 664-1648, fax (360) 704-4920, e-mail teb@liq.wa.gov.

June 2, 1999

Eugene Prince

Chair

Washington State Code Reviser's Office