Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-34 - Cigarette and tobacco products violations
Section 314-34-010 - What options does a licensee have once they receive a notice of administrative violation?
Universal Citation: WA Admin Code 314-34-010
Current through Register Vol. 24-24, December 15, 2024
(1) A licensee has twenty 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 board.
(2) What happens if a licensee does not respond to the administrative violation notice within twenty days? If a licensee does not respond to the administrative violation notice within twenty days, the recommended penalty will go into effect.
(3) What are the procedures when a licensee requests a settlement conference?
(a) If the licensee requests a settlement
conference, the hearing examiner or captain will contact the licensee or permit
holder to discuss the violation.
(b) Both the licensee 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 and will
become part of the licensing history.
(ii) If the board does not approve the
compromise, the licensee will be notified of the decision. The licensee 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 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 82.24.510, 82.24.550, 82.26.150, 82.26.220. 10-01-089, § 314-34-010, filed 12/16/09, effective 1/16/10.
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.
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