WSR 02-04-111

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed February 6, 2002, 11:06 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-21-147.

     Title of Rule: WAC 314-60-040(3) Operations and procedure.

     Purpose: The purpose of the rule making is to revise subsection (3) of WAC 314-60-040 to update the dates and times of the Liquor Control Board's regular board meetings.

     Statutory Authority for Adoption: RCW 66.08.030, 43.30.070.

     Statute Being Implemented: RCW 43.30.070.

     Summary: The agency's proposed changes to WAC 314-60-040(3) would update the dates and times of the Liquor Control Board's regular board meetings. The board now intends to hold its regular board meetings on the first and third Wednesdays of the month, as opposed to each Wednesday. The rule would continue to explain that the board publishes its meeting schedule with the Office of the Code Reviser and on its website.

     Name of Agency Personnel Responsible for Drafting and Implementation: Teresa Berntsen, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, (360) 664-1648.

     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: Per RCW 43.30.070, the board is required to list its regular, public meeting schedule in rule. The agency's proposed changes to WAC 314-60-040(3) would update the dates and times of the Liquor Control Board's regular board meetings. The board now intends to hold its regular board meetings on the first and third Wednesdays of the month, as opposed to each Wednesday. The rule would continue to explain that the board publishes its meeting schedule with the Office of the Code Reviser and on its website.

     Proposal Changes the Following Existing Rules: Would change subsection (3) of WAC 314-60-040 to state that the board now intends to hold its regular board meetings on the first and third Wednesdays of the month, as opposed to each Wednesday. The rule would continue to explain that the board publishes its meeting schedule with the Office of the Code Reviser and on its website.

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

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in RCW 34.05.328.

     Hearing Location: Liquor Control Board, Liquor Distribution Center, 4401 East Marginal Way South, Seattle, WA, on March 14, 2002, at 9 a.m.; at the Shilo Inn, Sacheen Room, East 923 Third Avenue, Spokane, WA, on March 15, 2002, at 9:30 a.m.; and at the Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on March 20, 2002, at 10 a.m.

     Assistance for Persons with Disabilities: Contact Teresa Berntsen by March 13, 2002, TDD (360) 586-4727, or (360) 664-1648.

     Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, fax (360) 664-9689, by March 27, 2002.

     Date of Intended Adoption: April 3, 2002.

February 6, 2002

Merritt D. Long

Acting Chair


AMENDATORY SECTION(Amending WSR 99-16-119, filed 8/4/99, effective 9/4/99)

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. The board holds ((R)) regular meetings ((of the board will be on Wednesday at 9:00 a.m. Meetings of the board may be held on Monday, Tuesday, Thursday, and Friday of each week, except on holidays, beginning at 8:00 a.m. or as soon thereafter as a quorum is assembled)) as published with the office of the code reviser per RCW 43.30.075 and as published on the board's Internet site at www.liq.wa.gov. Generally, the board's regular meetings are held on Wednesdays. It is the board's intent to hold its regular board meetings on the first and third Wednesdays of the month. Unless notice is otherwise given, meetings of the board will be held at its offices in the board room at 3000 Pacific Avenue Southeast, 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, take public testimony, take rule making actions, and ((adoption of)) adopt resolutions at its regular Wednesday board 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 chapter 42.30 RCW, meeting notices will be published on the Internet at www.liq.wa.gov and information about meeting times and agendas will be available in the board office during regular office hours)).

[Statutory Authority: RCW 66.08.030 and 66.24.12 [66.08.012]. 99-16-119, § 314-60-040, filed 8/4/99, effective 9/4/99. Statutory Authority: RCW 66.08.030. 98-14-003, § 314-60-040, filed 6/18/98, effective 7/19/98. 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.]

© Washington State Code Reviser's Office