Wash. Admin. Code § 314-07-121 – Board delegation of authority to make initial threshold determinations

(1) The board may delegate to the licensing and regulation division director the authority to make initial threshold determinations on liquor license applications and renewals where:
1. (a) Objections have been submitted; or
2. (b) The applicant/licensee appears to be ineligible for a license due to failure to meet requirements under statute or rule. Failure to meet eligibility requirements includes data obtained through a criminal background check or criminal history record information (CHRI) report.
(2) Threshold determinations will be made in accordance with the provisions of RCW 66.24.010 as well as all other relevant sections of state law and Title 314 WAC. The licensing and regulation division director shall:
1. (a) Give substantial weight to objections from a local authority where objections are based on chronic illegal activity;
2. (b) Give due consideration to the location of a new liquor license application as it relates to the proximity to churches, schools, and public institutions as well as any considerations raised by the local authority.
(3) If the licensing and regulation director determines that the board will seek denial of a license application or nonrenewal of an existing license, an aggrieved applicant/licensee may request an adjudicative hearing before an administrative law judge (see chapter 314-09 WAC).
(4) If the licensing and regulation director determines that the board will seek to approve a license or renewal over the objection of the local authority, the local authority may request an adjudicative hearing before an administrative law judge (see chapter 314-09 WAC). The licensing and regulation director will determine whether an adjudicative hearing will be granted to the local authority.
An adjudicative hearing will be granted where the objection is based on alleged conduct related to public safety within the jurisdiction of the board under Title 66 RCW.

[Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-121, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030. WSR 09-21-048, § 314-07-121, filed 10/14/09, effective 11/14/09.]