PERMANENT RULES
Date of Adoption: December 20, 2000.
Purpose: Chapter 314-29 WAC will replace existing chapter 314-04 WAC. This chapter outlines the process the Liquor Control Board follows for the administrative violation notice process for alleged violations of liquor laws or regulations.
Citation of Existing Rules Affected by this Order: Repealing chapter 314-04 WAC.
Statutory Authority for Adoption: RCW 66.08.030, 66.44.010.
Adopted under notice filed as WSR 00-22-113 on November 1, 2000.
Changes Other than Editing from Proposed to Adopted Version: In proposed WAC 314-29-005(1), language was added to clarify that the licensee will receive an administrative violation notice in the mail or in person from the liquor control agent.
In proposed WAC 314-29-005(2), a reference to the agency's Licensing and Regulation Division was added, since some of the violations described in this process will come from nonretail enforcement agents who are part of the Licensing and Regulation Division.
In proposed WAC 314-29-010(1), language was added to clarify that the licensee has twenty days from the receipt of the administrative violation notice to respond.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 3.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 3. Effective Date of Rule: Thirty-one days after filing.
January 16, 2001
Eugene Prince
Chairman
The following chapters of the Washington Administrative code
are repealed:
| Chapter 314-04 WAC | Hearings |
(2) The AVN notice will include:
(a) a brief narrative description of the violation(s) the agent is charging;
(b) the date(s) of the violation(s);
(c) a copy of the law(s) and/or regulation(s) allegedly violated;
(d) an outline of the licensee's or permit holder's options as outlined in WAC 314-29-010; and
(e) the recommended penalty as follows:
(i) For cases in which there are no aggravating circumstances as outlined in WAC 314-12-330 and 314-12-340 as now or hereafter amended, the recommended penalty will be the standard penalty as outlined in WAC 314-12-170 and 314-12-300 through WAC 314-12-320 for licensees, and in WAC 314-14-160 and WAC 314-14-165 for mandatory alcohol server training permit holders, as now or hereafter amended.
(ii) For cases in which there are aggravating circumstances as outlined in WAC 314-12-330 and 314-12-340 as now or hereafter amended, the agent will describe the circumstances in a report to the director of the enforcement and education division or the director of the licensing and regulation division. Under the provisions of WAC 314-12-330 and 314-12-340 as now or hereafter amended, the director of the education and enforcement division or the director of the licensing and regulation division may recommend a penalty other than the standard penalty outlined in WAC 314-12-170 and 314-12-300 through WAC 314-12-320 for licensees, and in WAC 314-14-160 for mandatory alcohol server training permit holders, as now or hereafter amended.
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(a) accept the recommended penalty; or
(b) request a settlement conference; or
(c) request an administrative hearing in writing.
(2) 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 agent in charge or designee will schedule the conference.
(b) Both the licensee or permit holder and the agent in charge or designee will discuss the circumstances surrounding the charge, the recommended penalty, and any aggravating or mitigating factors.
(c) If a compromise is reached, the agent in charge or designee will prepare a proposed settlement agreement and will forward it 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 conclude the case.
(ii) If the board does not approve the compromise, the board will notify the licensee or permit holder of the decision. The licensee or permit holder will be given the option of agreeing to any changes the board has made in the agreement, or of requesting an administrative hearing on the charges in writing within twenty days of receipt of the notice of board action.
(d) If the licensee or permit holder and the agent in charge or designee cannot reach agreement on a settlement proposal, the licensee may accept the originally recommended penalty, or the agent in charge or designee will forward a request for an administrative hearing to the board's hearings coordinator.
(3) What are the procedures when a licensee or mandatory alcohol server training permit holder requests an administrative hearing?
(a) If the licensee or permit holder requests an administrative hearing in writing within twenty days, it is conducted pursuant to chapter 34.05 RCW (Washington Administrative Procedure Act).
(b) The board's hearing coordinator will notify the assistant attorney general of the licensee's or permit holder's request for an administrative hearing.
(c) The assistant attorney general will draft an administrative complaint and send it to the licensee or permit holder and to the office of administrative hearings.
(d) The office of administrative hearings will schedule the hearing date, and notify the licensee or permit holder and his/her attorney and the assistant attorney general in writing of the hearing date, time, and location.
(e) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings. Subpoenas may be issued by an attorney for any party, or by the assigned administrative law judge.
(f) At the hearing, the assistant attorney general or a designee will present witnesses and other evidence on behalf of the board's enforcement staff.
(g) At the hearing, the licensee or permit holder may be represented by an attorney or may choose to represent himself or herself. The licensee or permit holder or his/her attorney will be allowed to present witnesses or other relevant information.
(4) What will happen after the administrative hearing?
(a) Following the hearing, the administrative law judge will prepare an initial order and send it to the licensee or permit holder and the assistant attorney general.
(b) Either the licensee or permit holder or the assistant attorney general may file a petition for review of the initial order with the liquor control board within twenty days of the date of service of the initial order. The petition for review must:
(i) specify the portions of the initial order to which exception is taken;
(ii) refer to the evidence of record which is relied upon to support the petition; and
(iii) be filed with the liquor control board within twenty days of the date of service of the petition.
(iv) Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.
(c) The administrative record, the initial order, and any exceptions filed by the parties will be circulated to the board members for review.
(d) Following this review, the board will enter a final order which is appealable under the provisions of RCW 34.05.510 through 34.05.598 (Washington Administrative Procedure Act).
(5) What happens if a licensee or mandatory alcohol server training permit holder does not respond to the notice of initial board action within twenty days? If a licensee or permit holder does not respond to the notice of initial board action within twenty days, the recommended penalty will go into effect.
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