WSR 09-09-128

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed April 22, 2009, 10:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-06-091.

Title of Rule and Other Identifying Information: WAC 314-29-010(2), What happens if a licensee or mandatory alcohol server training permit holder does not respond to the administrative violation notice within twenty days?

Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on May 27, 2009, at 10:00 a.m.

Date of Intended Adoption: June 10, 2009.

Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504-3080, e-mail kjm@liq.wa.gov, fax (360) 664-9689, by June 5, 2009.

Assistance for Persons with Disabilities: Contact Karen McCall by June 5, 2009, (360) 664-1361.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 314-29-010(2) is amended to clarify the language for liquor licensees. Licensees will have no question as to what action will be taken by the board if they don't respond to an administrative violation notice within the twenty day timeline.

Reasons Supporting Proposal: Lack of clarity in WAC 314-29-010(2) creates a loophole which results in licensee confusion, increased administrative costs, a lack of adherence to due process timeless [timeliness], growing contention and litigation. To ensure that consistency, fairness, and appropriate due process apply to all licensees and permit holders, the loophole must be closed.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: Chapter 35.04 [34.05] RCW, RCW 66.24.010(3).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state liquor control board, governmental.

Name of Agency Personnel Responsible for Drafting: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1631; Implementation and Enforcement: Pat Parmer, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1726.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no additional impact on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required.

April 22, 2009

Lorraine Lee

Chairman

OTS-2201.1


AMENDATORY SECTION(Amending WSR 08-17-056, filed 8/15/08, effective 9/15/08)

WAC 314-29-010   What options does a licensee or permit holder have once he/she receives a notice of an administrative violation?   (1) A licensee or a mandatory alcohol server training permit holder has twenty days from receipt of the notice to:

(a) Accept the recommended penalty; or

(b) Request a settlement conference in writing; or

(c) Request an administrative hearing in writing.

A response must be submitted on a form provided by the agency.

(2) What happens if a licensee or mandatory alcohol server training permit holder does not respond to the administrative violation notice within twenty days? If a licensee or permit holder does not respond to the administrative violation notice within twenty days, the recommended suspension penalty will go into effect.

(3) What are the procedures when a licensee or mandatory alcohol server training permit holder requests a settlement conference?

(a) If the licensee or permit holder requests a settlement conference, the hearing examiner or captain will contact the licensee or permit holder to discuss the violation.

(b) Both the licensee or permit holder and the hearing examiner or captain will discuss the circumstances surrounding the charge, the recommended penalty, and any aggravating or mitigating factors.

(c) If a compromise is reached, the hearing examiner or captain will prepare a compromise settlement agreement. The hearing examiner or captain will forward the compromise settlement agreement, authorized by both parties, to the board for approval.

(i) If the board approves the compromise, a copy of the signed settlement agreement will be sent to the licensee or permit holder, and will become part of the licensing history.

(ii) If the board does not approve the compromise, the licensee or permit holder will be notified of the decision. The licensee or permit holder will be given the option to renegotiate with the hearings examiner or captain, of accepting the originally recommended penalty, or of requesting an administrative hearing on the charges.

(d) If the licensee or permit holder and the hearing examiner or captain cannot reach agreement on a settlement proposal, the licensee may accept the originally recommended penalty, or the hearing examiner or captain will forward a request for an administrative hearing to the board's hearings coordinator.

[Statutory Authority: RCW 66.08.030. 08-17-056, 314-29-010, filed 8/15/08, effective 9/15/08. Statutory Authority: RCW 66.08.030, 66.44.010. 01-03-086, 314-29-010, filed 1/17/01, effective 2/17/01.]

Washington State Code Reviser's Office