PERMANENT RULES
Date of Adoption: October 13, 1999.
Purpose: The purpose of WAC 314-08-080 is to inform parties how they will be notified of a hearing regarding a contested case (such as a pending liquor license suspension). The Administrative Procedure Act, specifically RCW 34.05.434, states that an agency must give written notice of a hearing at least seven days in advance. Currently, WAC 314-08-080 states that the Liquor Control Board will notify all parties at least twenty days before the hearing.
The board adopted revisions to this rule in order to have the option of notifying parties not less than the seven days in advance required by law, for contested cases involving emergency suspensions. "Emergency suspensions" are referenced in RCW 66.08.150(4), which states that the board may suspend a license for a period of up to thirty days without a prior hearing if it finds that there is an immediate threat to public health, safety, or welfare. The agency will continue to give parties at least twenty days notice for contested cases involving alleged liquor law or rule violations that do not involve emergency suspensions.
Citation of Existing Rules Affected by this Order: Amending WAC 314-08-080.
Statutory Authority for Adoption: RCW 66.08.030, 34.05.434, 66.08.150, 66.24.010(3).
Adopted under notice filed as WSR 99-17-098 on August 17, 1999.
Changes Other than Editing from Proposed to Adopted Version: The revised rule adopted by the board adds language to clarify that the seven day notice would only apply in the case of emergency suspensions that involve an immediate threat to public health, safety, or welfare (as described by RCW 66.08.150).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
October 28, 1999
Eugene Prince
Chair
OTS-3340.2
AMENDATORY SECTION(Amending Order 245, Resolution No. 254, filed
4/5/88)
WAC 314-08-080
Notice ((and opportunity for)) of hearing in
contested cases.
In any contested case, the board will serve all
parties ((shall be served)) with a written notice of hearing at
least twenty days before ((the date set for)) the hearing date. The notice ((shall)) will state the time, place, and ((issues
involved, as required by RCW 34.04.090(1) and WAC 314-04-010))
reason for the hearing, and other information required by RCW 34.05.434(2). Notwithstanding the provisions of WAC 314-04-006,
in the case of emergency suspensions under RCW 66.08.150, the
board will give at least seven days notice before the hearing
date, as required by RCW 34.05.434.
[Statutory Authority: RCW 66.08.030. 88-08-057 (Order 245, Resolution No. 254), § 314-08-080, filed 4/5/88; Resolution No. 2, Rule 08.080, filed 6/13/63.]