WSR 05-04-097



[ Filed February 2, 2005, 9:25 a.m. ]

Subject of Possible Rule Making: Temporary licenses.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, the agency director may authorize temporary licenses, except for manufacturer and house-banked card room (HBCR) licenses. The proposed amendment would provide the director the authority to also issue temporary licenses for manufacturers and HBCRs. Each month, staff are pressured by internal and external sources to get applicants on the commission meeting agenda, so their license can be approved and they can begin operations (most typically, this is a house-banked card room applicant). The deadline to be included on a commission agenda is three weeks prior to the meeting. Significant money and time is spent trying to meet this deadline and if it is not met, the applicant must wait until the next commission meeting for approval. Recently, an applicant missed the November 2004 commission meeting cut-off. The next scheduled meeting was January 2005. A special commission meeting was held December 1 so a permanent license could be issued so operations could begin. If a special meeting was not held, the applicant, who had already shown they are ready to operate, would have had to wait nearly two months to start operations. This can cause significant financial losses for an applicant. If the director had the authority to issue a temporary license, the special meeting would not have been needed.

Temporary licenses would allow staff to work through the prelicense process without artificial deadlines. When an investigation is complete, and all documents are in order, a license is issued on a timely basis. The applicant is then placed on the list for the next commission meeting and there nominated for a "permanent" license. This procedure is used for all other licenses and works well for staff, and applicants.

Process for Developing New Rule: Rule change developed by agency staff. Interested parties can participate in the discussion of this proposed change by attending a commission meeting, or contacting the agency rules coordinator at the contact information below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rick Day, Deputy Director, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3446; Neal Nunamaker, Deputy Director, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3449; or Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, e-mail

[Meeting Locations]: On March 11, 2005, at the DoubleTree Guest Suites, 16500 Southcenter Parkway, Seattle, WA 98188, (206) 575-8220; on April 15, 2005, at the Red Lion - Vancouver at the Quay, 100 Columbia Street, Vancouver, WA 98660, (360) 694-8341; and on May 13, 2005, at the Red Lion Hotel at the Park, 303 West North River Drive, Spokane, WA 99201, (509) 326-8000.

February 2, 2005

Susan Arland

Rules Coordinator

Washington State Code Reviser's Office