How do I request a Formal Administrative Hearing?
When an Administrative Violation Notice (AVN) is issued, you will receive a copy of the AVN which includes the Request for Hearing form. On the form you can select to pay the monetary penalty or serve the suspension sanction, if applicable. You can also select to participate in an Informal Settlement Conference, which is conducted by the LCB’s Hearing Examiner. During the Informal Settlement Conference, a lesser penalty may be negotiated. If no compromise is reached, the case will be forwarded to the Office of Administrative Hearings (OAH) for a Formal Administrative Hearing. If you’d rather not participate in an Informal Settlement Conference, you can request a Formal Administrative Hearing instead.
What can I expect after I request a Formal Administrative Hearing? Did you get my appeal?
Once Board Adjudications receives your request for a Formal Administrative Hearing, you will be sent an acknowledgment letter confirming receipt of your request and advising you that the case has been forwarded to the Office of the Attorney General for the next steps.
After I receive the acknowledgment letter from LCB Board Adjudications, is there anything I need to do to process my appeal?
There is nothing additional you need to do. The case has been forwarded to the Office of the Attorney General. You may be contacted by the Office of the Attorney General if the parties are interested in settling the matter. If a settlement is not likely, the case will be forwarded to the Office of Administrative Hearings (OAH) and a Prehearing Conference will be scheduled. The Notice of Prehearing Conference will be sent to your address on record and will be coming from OAH directly.
What is the difference between the Office of Administrative Hearings and the Liquor and Cannabis Board?
The Office of Administrative Hearings (OAH) is a separate state agency that is independent from the Liquor and Cannabis Board. When you appeal your case, an Administrative Law Judge from OAH will be assigned to review and conduct your hearing. OAH operates similarly to a court. To learn more about OAH, you can visit their website.
How long does the process take?
Once you request a Formal Administrative Hearing, the appeal process can take from several weeks to several months. The process will begin with a Prehearing Conference conducted by an Administrative Law Judge (ALJ) from the Office of Administrative Hearings. At the Prehearing Conference, you will learn about other events that may take place before the hearing and you will participate in scheduling of these events. After the hearing and once the ALJ issues a decision, the parties will have an opportunity to respond. Then, the case material will be presented to the Liquor and Cannabis Board’s three Board Members for a final decision, and a Final Order will be issued by LCB. The Board’s Final Order is typically sent to all parties within 45 days of the issuance of the ALJ’s decision, to allow time for appeal filings and responses.
I have reached a Settlement with the Attorney General’s Office, what now?
Once all parties have signed the Proposed Settlement paperwork, this will be forwarded to the Liquor and Cannabis Board to be presented to the Board Members for final decision. The Board Members will review the Stipulated Settlement and Final Order and make their decision. If the Board agrees to the Settlement and Order, you will be served a signed copy.
Do I need an attorney?
You have the right to obtain an attorney at any point during the appeal process but you are not required to have one.
I have a question about the case status or the process, who do I contact?
You should contact the assigned Assistant Attorney General with any questions you have relating to your case. Their information can be located on the Notices that you receive from the Office of Administrative Hearings.
What if I lost or never received paperwork regarding my hearing?
If you lost paperwork that was sent to you from the Office of Administrative Hearings (OAH) or if you never received anticipated paperwork from OAH, please call OAH directly at (360) 407-2700 or (800) 583-8271.
How long after the hearing can I expect a decision?
The Administrative Law Judge (ALJ) will not make a decision at the hearing. The ALJ will send a written Order with their decision regarding the case, to all parties. This Order is typically sent to all parties within 60 days of the hearing.
What if I disagree with the Administrative Law Judge’s Order?
If you disagree with the Administrative Law Judge’s Order, you have appeal rights. The Order will give instructions on how to appeal, including the deadline(s) to appeal.
I have appealed the Initial Order issued by the Administrative Law Judge, what is next?
If you filed a Petition for Review of the Initial Order, the opposing party has an opportunity to respond. Once the response window has passed, the case and all filings will go in front of the LCB Board Members for review. The Board Members will review the case materials and issue a Final Order. The Final Order will include the Board’s decision regarding the case.
I received the Final Order of the Board and do not agree, can I appeal it?
Yes, you can appeal the Final Order of the Board. Further appeal rights will be listed on the Final Order with instructions on how/ when to file your appeal.
What if I no longer want to appeal and just want to pay my fine or serve my suspension?
If your case has already been sent to the Office of Administrative Hearings (OAH) and a docket number has been assigned, you will need to submit a request to withdraw your request for an appeal directly to OAH. If your request to withdraw your appeal is granted, the case will come back before the Board at LCB and a Final Order will be issued that stipulates the payment amount and due date and/or the suspension term. In addition to notifying OAH of your request to withdraw your appeal, you should contact the assigned Assistant Attorney General.
Can I speak to a Board Member about my case?
As the final decision makers, the Board members cannot speak to any party regarding an active case.
I am receiving paper correspondence but prefer to get all correspondence via email, is this an option?
If you prefer to receive all correspondence via an email address, please complete the Electronic Service Agreement form and return it to: lcbadjudicationfax@lcb.wa.gov.
How do I file paperwork with Board Adjudications?
You can personally deliver, mail, fax, or email paperwork to Board Adjudications. If you plan on delivering in person, please call the Olympia HQ location to make sure the lobby is open; 360-664-1600. The location address is 1025 Union Ave SE, Olympia, WA 98502. If you mail paperwork, please address to: WSLCB Board Adjudications, PO Box 43076, Olympia, WA 98501. LCB Board Adjudications’ fax number is 360-704-4906. You can also submit filings via email to lcbadjudicationfax@lcb.wa.gov.
I filed paperwork via electronic transmission with LCB Board Adjudications, do I need to send a paper copy in addition?
No. If you wish to electronically file something with Board Adjudications, there is no need to send an original copy via USPS mail. Filings are deemed received on the date and time indicated on the electronic transmission, excluding Saturdays, Sundays, and legal Holidays. WAC 314-42-005
Where can I view copies of Final Orders?
Board Adjudications publishes copies of all Final Orders issued by the agency, on a monthly basis. You can view the Final Orders here.