Original Notice.

Preproposal statement of inquiry was filed as WSR 99-12-126.

Title of Rule: WAC 314-08-080 Notice of hearing in contested cases.

Purpose: The purpose of WAC 314-08-080 is to inform parties how they will be notified of a hearing regarding a contested case (such as a pending liquor license suspension).

Statutory Authority for Adoption: RCW 66.08.030, 34.05.434.

Statute Being Implemented: RCW 66.24.010(3).

Summary: The Administrative Procedure Act, specifically RCW 34.05.434, states that an agency must give written notice to all parties of a hearing, at least seven days in advance. Currently, WAC 314-08-080 states the Liquor Control Board will notify all parties at least twenty days before the hearing. The board would like to consider revising WAC 314-08-080, in order to have the option of notifying parties involved in contested cases not less than seven days in advance. The board intends to give parties as much as possible above the seven days required by law. The board would like to retain the option of notifying at least seven days in advance in certain cases that warrant prompt action, such as cases of emergency suspensions.

Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, P.O. Box 43075, Olympia, WA 98504-3075, (360) 664-1648; Implementation and Enforcement: Gary Gilbert, P.O. Box 43075, Olympia, WA 98504-3075, (360) 664-1726.

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: WAC 314-08-080 currently state the Liquor Control Board will notify all parties at least twenty days before the hearing. The board would like to consider revising WAC 314-08-080, in order to have the option of notifying parties involved in contested cases not less than seven days in advance, as required by RCW 34.05.434 (the Administrative Procedure Act).

The board intends to give parties as much notice as possible above the seven days required by law. The board would like to retain the option of notifying at least seven days in advance in certain cases that warrant prompt action, such as cases of emergency suspensions.

Proposal Changes the Following Existing Rules: The proposed language changes WAC 314-08-080. Currently, WAC 314-08-080 states the Liquor Control Board will notify all parties at least twenty days before the hearing. The board would like to consider revising WAC 314-08-080, in order to have the option of notifying parties involved in contested cases not less than seven days in advance.

No small business economic impact statement has been prepared under RCW 19.85. No known disproportional impact to small business.

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 98506, on September 22, 1999, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Teresa Berntsen by September 21, 1999, 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 September 29, 1999.

Date of Intended Adoption: October 6, 1999.

August 10, 1999

Eugene Prince

Chair

OTS-3340.1

AMENDATORY SECTION(Amending Order 245, Resolution No. 254, filed 4/5/88)

WAC 314-08-080
Notice ((and opportunity for)) of hearing in contested cases.

In any contested case, the board will serve all parties ((shall be served)) with a written notice of hearing at least ((twenty)) seven days before ((the date set for)) the hearing date, as required by RCW 34.05.434.  The notice ((shall)) will state the time, place, and ((issues involved, as required by RCW 34.04.090(1) and WAC 314-04-010)) reason for the hearing, and other information required by RCW 34.05.434(2).

[Statutory Authority: RCW 66.08.030.  88-08-057 (Order 245, Resolution No. 254), § 314-08-080, filed 4/5/88; Resolution No. 2, Rule RCW 08.080, filed 6/13/63.]