WSR 00-18-086

PROPOSED RULES

GAMBLING COMMISSION


[ Filed September 5, 2000, 12:54 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-15-046 with a published date of August 2, 2000.

Title of Rule: WAC 230-04-330 Change in management.

Purpose: Currently, this rule requires all changes in management positions to be reported to the commission. This enables staff to conduct background investigations on people involved in the management of a gambling operation. This amendment specifically lists which positions must be reported to the commission when changes are made to the management structure. By listing specific positions, redundancies are removed, i.e. persons who have already obtained a gambling license will not have to be reported, as they have already passed the background investigations and qualified for a gambling license.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.

Name of Proponent: Staff, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: West Coast Silverdale Hotel, 3073 N.W. Bucklin Hill Road, Silverdale, WA 98383, on October 13, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by October 3, 2000, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by October 3, 2000.

Date of Intended Adoption: October 13, 2000.

September 1, 2000

Susan Arland

Rules Coordinator

OTS-4246.1


AMENDATORY SECTION(Amending Order 67, filed 3/11/77)

WAC 230-04-330
Change of management.

((No licensee shall make, or allow, a change in the)) Changes made to an organization's management, directors, officers, or any other person holding a position ((with that licensee wherein he)) that makes any management decision directly affecting the operation of any licensed gambling activity ((without notifying the commission in writing not more than thirty days following such change: Provided, That with respect to bona fide charitable or bona fide nonprofit organizations only, notice need not be given of change in officers until the required renewal date(s) for a particular license(s), or an additional license is applied for, whichever is sooner.

Each such change is subject to the approval of the commission.

Together with a notice of such change, the commission shall be supplied with all of the information which, by law or under the rules of the commission, would have been required to be supplied to the commission respecting such director or officer, or other person in a managerial position, with the licensee had he been in such capacity at the time the application for the license was originally submitted to the commission)) are subject to staff review.


Notification.


(1) All commercial business licensees shall notify commission staff in writing, within thirty days, after making the following management changes:

(a) Management;

(b) Directors;

(c) Officers; and

(d) Any position that makes any management decisions directly affecting the operation of any licensed gambling activity.

(2) All bona fide charitable or nonprofit organization licensees shall notify commission staff in writing, when renewing their annual license, after making the following management changes:

(a) Highest ranking officer or official; and

(b) Treasurer or equivalent.

(3) Each notice shall be submitted on forms provided by the commission. The forms and all attachments must be fully completed and submitted in accordance with the time periods listed in subsections (1) and (2) of this section.


Fees.


(4) Commission staff may require the payment of a fee to determine the qualifications of each new management designee pursuant to the provisions set forth in WAC 230-04-240
.

[Order 67, 230-04-330, filed 3/11/77; Order 40, 230-04-330, filed 6/26/75; Order 5, 230-04-330, filed 12/19/73.]

Washington State Code Reviser's Office