Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-29 - Violations and penalties
Section 314-29-010 - What options does a licensee or permit holder have once he/she receives a notice of an administrative violation?
Universal Citation: WA Admin Code 314-29-010
Current through Register Vol. 24-24, December 15, 2024
(1) A licensee or a mandatory alcohol server training permit holder has 20 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 20 days?
(a) If a licensee or permit
holder does not respond to the administrative violation notice within 20 days,
the recommended suspension penalty will go into effect. After 20 days and up to
30 days from the date of the administrative violation notice, and if the
violation includes a monetary penalty, the licensee may pay a 25 percent fee in
addition to the recommended penalty in lieu of suspension.
(b) If the penalty does not include a
suspension, the licensee must pay a 25 percent late fee in addition to the
recommended penalty. The recommended penalty plus the late fee must be received
within 30 days of the violation notice issue date.
(c) When a licensee fails to submit payment
of monetary fine proceedings, provisions to collect shall take effect
immediately or other actions such as revocation, will be instituted as deemed
appropriate by the LCB.
(d) An
attempt to advise the debtor of the existence of the debt, and 25 percent late
fee per (b) of this subsection, will be made notifying that the debt may be
assigned to a collection agency for collection if the debt is not paid, and at
least 30 days have elapsed from the time notice was attempted.
(e) Licensees failing to respond to an
administrative violation notice or having outstanding fines shall not be
eligible to renew their liquor license.
(f) Failure to address monetary penalties for
two or more administrative violations notices in a two-year period will result
in license cancellation.
(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. 09-13-037, § 314-29-010, filed 6/10/09, effective 7/11/09; 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.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
