4 Pa. Code § 7.342 - Phase-out plan
(a) No
operations, activities or functions of the Board, including the operation of
State liquor stores, shall be discontinued, no employes of the Board shall be
transferred or furloughed and no property or records of the Board shall be
disposed of except as provided by this order and pursuant to a phase-out plan
developed by the Board in consultation with the Council.
(b) The Council shall, by February 28, 1987,
develop a preliminary proposal to wind-up and conclude the affairs of the
Board. The plan shall include, but not be limited to, the following provisions:
(1) The plan shall provide for the transfer
of appropriate employes to separate bureaus within the Department of Revenue
responsible for licensing and hearings and appeals, and to a liquor law
enforcement bureau supervised by the State Police Commissioner. All transfers
of employes and any necessary and appropriate property and records shall be
complete by June 30, 1987.
(2) The
plan shall provide for the transfer of all the property, inventory records and
employes of the State Store system and the liquor wholesale distribution system
to the Department of General Services on or before June 30, 1987, for
appropriate disposition as provided by §
7.343 (relating to divestment of
State Stores and initial private licensing).
(3) The plan shall provide a schedule whereby
all employes of the Board not transferred to the Department of Revenue, the
State Police or the Department of General Services shall be made available as
soon as possible for transfer to fill existing vacancies in other State
agencies and to augment the activities of other State agencies.
(4) The plan shall provide for the transfer
of all other property and records, on or before June 30, 1987, to the
Department of General Services for appropriate disposition.
(c) The Council shall present its
proposals to the Board on March 2, 1987, and shall assist in winding-up and
concluding its affairs as provided by section 9 of the Sunset Act
(71
P. S. §
§
1795.1-1795.14).
(d) The Council shall develop plans for the
establishment of the following bureaus.
(1) A
Liquor Licensing Bureau shall be created within the Department of Revenue to
permanently assume the responsibility to issue licenses for the sale of wine
and liquor for off-premises consumption and for wholesale wine and liquor
distribution and to assume the responsibilities of the Board with regard to the
issuance, renewal, transfer, exchange, suspension or revocation of licenses
preserved by §
7.345 (relating to continuation of
licenses issued by the Board).
(2)
A Liquor Licensing Hearing Bureau shall be created within the Department of
Revenue to conduct adjudications regarding any refusals to issue, renew,
transfer or exchange a license or any suspension or revocation of licenses.
Initial decisions of the Hearing Bureau shall be made by hearing examiners
learned in the law and may be appealed to a three person Hearing Board
established within the Hearing Bureau by the Council. Final decisions of the
Bureau may be reviewed by the courts of this Commonwealth in the manner
provided by laws preserved by §
7.347 (relating to laws relating to
alcoholic beverages and intoxicating liquors unaffected by the termination of
the Board).
(3) A Liquor Law
Enforcement Bureau shall be created under the supervision and control of the
State Police Commissioner to assume the responsibilities of the Board with
regard to the prosecution of licensees for violations of the laws and
regulations of this Commonwealth. Alleged criminal violations shall be
prosecuted by the Attorney General or local district attorneys before the
Courts of Common Pleas in the manner provided by the Commonwealth Attorneys Act
(71 P. S. §
§ 732-101-732-506). License suspensions, revocations,
bond forfeitures and other civil fines and penalties shall be prosecuted before
the Liquor Licensing Hearing Bureau. Prior notice regarding any proposed
license issuance, renewals, transfers, exchanges, suspensions or revocations
shall be provided by the Licensing Bureau to the Liquor Law Enforcement Bureau.
In all hearings before the Hearing Bureau the Enforcement Bureau shall be a
party and shall advocate vigorous and strict compliance with the laws and
regulations of this Commonwealth. Employes of the Liquor Law Enforcement Bureau
shall not be members of the State Police but shall be administratively
organized into a separate bureau consisting of Liquor Law Enforcement
Officers.
(e) The
Council shall develop plans to be approved by the Secretary of Administration
for the transfer to other State agencies of all employes of the Board not
transferred to the Department of Revenue, the State Police or the Department of
General Services. Within the limits of available Commonwealth resources, the
plan shall provide for the placement of all employes of the Board and shall not
result in the furlough or reduction in pay for any employes of the
Board.
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