Preproposal statement of inquiry was filed as WSR 98-01-035.

Title of Rule: Delegation of board authority to approve licenses.

Purpose: This rule will allow the board to delegate its authority to approve liquor license applications. This authority will be delegated to select staff persons for uncontested or unopposed licenses.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.24.010(2).

Summary: This will allow selected staff persons to have the authority to approve uncontested or unopposed license applications.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Goyette, P.O. Box 43098, Olympia, WA 98504-3098, phone (360) 753-2724.

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: Under RCW 66.24.010(2), the board can delegate license approval authority to staff. This proposed rule sets the conditions of that delegation and the conditions include the limits of the authority.

Proposal does not change existing rules.

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

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in section 201.

Hearing Location: Washington State Liquor Control Board, Board Room, Fifth Floor, 1025 East Union Avenue, Olympia, WA 98501, on May 27, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Teresa Berntsen by May 25, 1998, TDD (360) 586-4727 or (360) 586-1641.

Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, FAX (360) 664-9689, by May 27, 1998.

Date of Intended Adoption: June 17, 1998.

April 15, 1998

Nathan S. Ford, Jr.

Chair

WAC 314-12-005  Under what conditions may the board delegate authority to approve liquor licenses as provided in RCW 66.24.010(2)? 1) The board may delegate to designated staff members, in writing, the authority to approve license applications except as follows:

a) where local officials, board staff or members of the general public have given the board written notice of opposition or concern, or;

b) where sensitive alcohol related issues exist within a community or neighborhood, under review by the board, that require more extensive deliberations before a decision is reached.

2) Authority may be delegated to staff the board deems qualified, including the director of licensing and regulation, licensing supervisors and other employees the division director recommends.

3) Designated employees may not further delegate their authority.

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