Current through Register Vol. 54, No. 45, November 9, 2024
Section 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. This section cited in 4 Pa. Code § 7.344 (relating to long-term plan for the regulation of alcoholic beverages); and 4 Pa. Code § 7.345 (relating to continuation of licenses issued by the Board).