WSR 10-17-082

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF REVENUE


[ Filed August 16, 2010, 11:51 a.m. ]

Subject of Possible Rule Making: WAC 458-20-10001 (Rule 10001) Adjudicative proceedings -- Brief adjudicative proceedings -- Certificate of registration (tax registration endorsement) revocation (currently titled as WAC 458-20-10001 Adjudicative proceedings -- Brief adjudicative proceedings -- Wholesale and retail cigarette license revocation or suspension -- Certificate of registration (tax registration endorsement) revocation). This rule explains the department's adjudicative proceedings pursuant to chapter 34.05 RCW, the Administrative Procedure Act.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.32.300 and 82.01.060(2).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department anticipates amending Rule 10001 to eliminate the discussion of proceedings regarding wholesale and retail cigarette license revocation or suspension. Chapter 154, Laws of 2009 (SHB 1435), provides the Washington state liquor control board with the authority to approve, deny, suspend, or revoke retailer and wholesaler cigarette licenses. The department also anticipates updating the information in the rule regarding adjudicative procedures for certificate of registration revocations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Parties interested in this rule making may contact the individual listed below. The public may also participate by providing written comments throughout this rule making or giving oral testimony at the public meeting or public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Written comments may be submitted by mail, fax, or at the public meeting. Oral comments will be accepted at the public meeting. A preliminary draft of possible rule changes is available for viewing and printing on our web site at http://dor.wa.gov/content/FindALawOrRule/RuleMaking/agenda.aspx. Written comments on and/or requests for copies of the rule may be directed to Bridget N. McBryde, Interpretations and Technical Advice Division, P.O. Box 47453, Olympia, WA 98504-7453, e-mail BridgetM@dor.wa.gov, phone (360) 570-6117.

Public Meeting Location: Capital Plaza Building, L&P Large Conference Room, 1025 Union Avenue S.E., Olympia, WA, on September 21, 2010, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Martha Thomas no later than ten days before the meeting date, TTY 1-800-451-7985 or (360) 725-7497.

August 16, 2010

Alan R. Lynn

Rules Coordinator

Washington State Code Reviser's Office