WSR 14-05-080
[Filed February 18, 2014, 12:46 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-24-055.
Title of Rule and Other Identifying Information: WAC 230-17-170 Petition and hearing for stay of the summary suspension.
Hearing Location(s): Vancouver Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on April 10 or 11, 2014, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at and select public meeting about ten days before the meeting to confirm meeting date/location/start time.
Date of Intended Adoption: April 10 or 11, 2014.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by April 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by April 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rule requires the agency to hold a stay hearing within seven days after we receive a request from a licensee or permittee. The proposed change increases the length of time to hold a stay hearing from seven to fourteen days. The proposed change also clarifies stay hearings must be conducted as brief adjudicative proceedings as required by WAC 230-17-150.
Statutory Authority for Adoption: RCW 9.46.070.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared because it is not required under RCW 19.85.025 as it is a rule related to a procedure, practice, or requirement relating to agency hearings (RCW 34.05.310 (4)(g)(i)).
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.
February 18, 2014
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-21-156, filed 10/24/07, effective 1/1/08)
WAC 230-17-170 Petition and hearing for stay of the summary suspension.
(1) When the director summarily suspends a license or permit, the affected licensee or permittee may petition for a "stay of suspension" as explained in RCW 34.05.467 and 34.05.550(1).
(2) We must receive the petition in writing within fifteen days of service of the summary suspension.
(3) Within ((seven)) fourteen days of receipt of the petition, the presiding officer holds a hearing. If an administrative law judge is not available, the chairperson of the commission designates a commissioner to be the presiding officer. If the parties agree, they may have a continuance of the seven-day period.
(4) The stay hearing must use brief adjudicative proceedings as set out in WAC 230-17-150. At the hearing, the only issues are whether the presiding officer:
(a) Should grant a stay; or
(b) Modify the terms of the suspension.
(5) Our argument at the hearing consists of the information we used to issue the summary suspension and we may add any information we find after we order the suspension.
(6) At the hearing, the licensee or permittee has the burden of demonstrating by clear and convincing evidence all of the following:
(a) The licensee or permittee is likely to prevail upon the merits of the evidence at hearing; and
(b) Without relief, the licensee or permittee will suffer irreparable injury. For purposes of this section, elimination of income from licensed activities must not be deemed irreparable injury; and
(c) The grant of relief will not substantially harm other parties to the proceedings; and
(d) The threat to the public safety or welfare is not sufficiently serious to justify continuation of the suspension, or that modification of the terms of the suspension will adequately protect the public interest.
(7) The initial stay of the summary suspension order whether given orally or in writing takes effect immediately unless stated otherwise.