PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-06-061.
Title of Rule: WAC 314-42-010 Liquor control board administrative director.
Purpose: The agency proposed to make technical changes to this rule, which outlines the duties and responsibilities of the agency's administrative director.
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: 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).
Summary: The agency would like to make technical changes to WAC 314-42-010, which outlines the duties and responsibilities of the agency's administrative director. Specifically, the proposed change would allow the administrative director to further delegate the appointing authority given to her under subsection (3)(a) of this rule.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, P.O. Box 43075, Olympia, WA 98504-3075, (360) 664-1648; Implementation and Enforcement: Eugene A. Prince, P.O. Box 43075, Olympia, WA 98504-3075, (360) 664-1712.
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: The agency would like to make technical changes to WAC 314-42-010, which outlines the duties and responsibilities of the agency's administrative director. Specifically, the proposed change would allow the administrative director to further delegate the appointing authority given to her under subsection (3)(a) of this rule.
Proposal Changes the Following Existing Rules: WAC 314-42-010, the proposed rule making would add language to allow the administrative director to further delegate the appointing authority given to her under subsection (3)(a) of this rule.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No disproportionate economic 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: Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on June 27, 2001, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by June 26, 2001, TDD (360) 586-4727.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, fax (360) 664-9689, by June 29, 2001.
Date of Intended Adoption: July 4, 2001.
May 10, 2001
Eugene Prince
Chair
(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)) Appointing
authority as defined by WAC 356-05-040, WAC 356-30-007, and WAC 356-34-011 for all liquor control board employees, with the
exception of the director and staff of the policy, legislative,
and media relations division as described in subsection (4)(g)
and staff that report directly to the board members;
(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 and staff that report directly to the board members, including:
(i) Rule making actions,
(ii) Approval of agency-request legislative proposals, and
(iii) The employment, termination, and discipline of the director and staff of the policy, legislative, and media relations division and staff that report directly to the board members.
[Statutory Authority: 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). 00-06-016, 314-42-010, filed 2/22/00, effective 3/24/00.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.