WSR 00-06-016

PERMANENT RULES

LIQUOR CONTROL BOARD


[ Filed February 22, 2000, 4:43 p.m. ]

Date of Adoption: February 16, 2000.

Purpose: WAC 314-02-040 Liquor control board administrative director, this rule outlines the duties and responsibilities of an administrative director for the agency. The proposed restructuring would create a more integrated modern management structure for the agency. The position would be appointed by the board members, and the duties would be under the general supervision and management of the board.

Statutory Authority for Adoption: RCW 66.08.030. The following statutes indicate areas where the board can delegate certain duties and activities: RCW 66.08.070(1), 66.08.130, 66.08.140, 66.08.170, 66.20.010, 66.24.010(2).

Adopted under notice filed as WSR 00-02-089 on January 5, 2000.

Changes Other than Editing from Proposed to Adopted Version: Subsections (3)(a) and (4)(g) were amended for clarity to read that the board will continue to be responsible for "the employment, termination, and discipline of the director and staff of the policy, legislative, and media relations division" (italics added for emphasis). The originally proposed rule did not contain the phrase "and staff."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 22, 2000

Eugene Prince

Chair


NEW SECTION
WAC 314-42-010
Liquor control board administrative director.

(1) The purpose of this rule is to ensure efficient and consistent administration of the liquor control board through the delegation of certain administrative functions to an administrative director. The delegation of administrative functions by the board, as provided for in this section, does not alter the board's statutory responsibility to administer Title 66 RCW.

(2) The administrative director will be appointed by, and serve at the pleasure of, the board, and will perform his/her duties under the general control, management, and supervision of the board.

(3) The following duties are delegated by the board to the administrative director:

(a) Employ, terminate, and discipline all liquor control board employees, with the exception of the director and staff of the policy, legislative, and media relations division as described in subsection (4)(g);

(b) Authorize expenditures of funds from the board approved internal budget;

(c) Purchase, lease, contract, or otherwise acquire any goods, services, and products within the board approved internal budget;

(d) Approve liquor purchase orders authorized by the board (this authority may be further delegated);

(e) Approve uncontested licenses and permits (this authority may be further delegated);

(f) Assign duties, coordinate agency operations, and establish performance standards and timelines;

(g) Approve disbursements of excess funds from the liquor revolving fund; and

(h) Perform other duties of a routine administrative nature identified by the board.

(4) The following duties will not be delegated and will remain functions of the board:

(a) Final approval of agency-wide and division budgets as prepared by the administrative director;

(b) Revocation or suspension of a license or permit;

(c) Appeals of price posting actions;

(d) Appeals of administrative actions taken against liquor and tobacco licensees;

(e) Approval of product listings and delistings for state liquor stores and agencies;

(f) Approval of contested liquor license and permit applications; and

(g) Direct oversight of the policy, legislative, and media relations division, including:

(i) Rule making actions,

(ii) Approval of agency-request legislative proposals, and

(iii) The employment, termination, and discipline of the director and staff of the policy, legislative, and media relations division.

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Washington State Code Reviser's Office