PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-22-034.
Title of Rule: WAC 314-42-010 Liquor control board administrative director.
Purpose: The Liquor Control Board is considering creating a rule regarding the creation 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).
Statute Being Implemented: RCW 66.08.030.
Summary: The proposed rule would outline the duties and responsibilities of an administrative director for the Liquor Control Board. The position would be appointed by the board members, and the duties would be under the general supervision and management of the board.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, P.O. Box 43080, Olympia, WA 98504-3080, (360) 664-1648; and Implementation: Fred Romero, P.O. Box 43080, Olympia, WA 98504-3080, (360) 664-1649.
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: Proposed WAC 314-42-010 would outline the duties and responsibilities of an administrative director for the agency. The purpose of creating an administrative director is to provide 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.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No monetary 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: Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on February 9, 2000, at 9:30 a.m.; and at the Oxford Suites, 1701 Terrace Heights Drive, Yakima, WA, on February 10, 2000, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by February 8, 2000, TDD (360) 586-4727, or (360) 664-1648.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, e-mail teb@liq.wa.gov, fax (360) 704-4920, by February 14, 2000.
Date of Intended Adoption: February 16, 2000.
January 4, 2000
Eugene Prince
Chair
(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 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 of the policy, legislative, and media relations division.
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