WSR 14-17-058 PROPOSED RULES GAMBLING COMMISSION [Filed August 15, 2014, 8:59 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-11-017.
Title of Rule and Other Identifying Information: WAC 230-03-052 Resident agent to be appointed by out-of-state applicants and licensees and 230-03-050 Additional information required from applicants for licensing.
Hearing Location(s): Spokane Davenport Hotel, 10 South Post Street, Spokane, WA 99201, (509) 455-8888, on October 9 or 10, 2014, at 9:00 a.m. or 1:00 p.m. Note: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.
Date of Intended Adoption: October 9 or 10, 2014.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625, by October 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by October 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We have received a petition for rule change from Mr. Nathan Schreiner, Squaxin Island legal department. The petitioner's amendment would no longer require out-of-state licensees that do not have a business office or licensed premise[s] in the state to designate a "natural person" as resident agent or provide a "home address" for the agent. The amendment would allow out-of-state licensees to use registered agent services with locations in the state.
Additionally, housekeeping changes are proposed to replace "resident agent" with "registered agent," to mirror other statutory provisions relating to registered agents (e.g., RCW 23B.05.010).
Statutory Authority for Adoption: RCW 9.46.070.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Mr. Nathan Schreiner, Squaxin Island legal department, private.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared because the rule change would not impose additional costs.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.
August 15, 2014
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-21-116, filed 10/22/07, effective 1/1/08)
WAC 230-03-050 Additional information required from applicants for licensing.
(1) Applicants must give us details or copies of the following information on or attached to their application:
(a) The name of the ((resident)) registered agent as required by state law, and the agent's business ((and home)) address located in the state; and
(b) Internal Revenue Service tax exemption letter, if one is necessary; and
(c) All lease or rental agreements, whether oral or written, between the applicant and the owner of the site where the applicant will conduct gambling activity; and
(d) Any franchise agreements or other agreements, whether written or oral, between the applicant and distributors or manufacturers of equipment or between the applicant and any other person whose agreements relate to gambling activities or gambling equipment; and
(e) All proposed financing, consulting, and management agreements or contracts between applicant and any gambling service supplier; and
(f) Enough personal information to ensure each substantial interest holder is qualified to hold a license or participate in an authorized gambling activity; and
(g) For commercial applicants: Articles of incorporation, limited liability corporation formation, partnership agreement, and other documents which set out the applicant's business structure; and
(h) For charitable and nonprofit organization applicants: Articles of incorporation and bylaws; or, if not a corporation, a copy of any bylaws and other documents which set out the organizational structure and purposes of the organization.
(2) Applicants must also give us any other information we request within thirty days of the request or within any other time frame we provide.
AMENDATORY SECTION (Amending WSR 08-20-007, filed 9/18/08, effective 1/1/09)
WAC 230-03-052 ((Resident)) Registered agent to be appointed by out-of-state applicants and licensees.
(1) All applicants and licensees that do not have a business office or licensed premises within Washington state must appoint a ((resident)) registered agent for receiving and accepting service of process and other communications from us.
(2) The ((resident)) registered agent must have a physical Washington state address at which the agent is available for service of process and be:
(a) A ((natural person who is a 1resident living in Washington state; and
(b) At least eighteen years old.
(3) The resident agent's name, business address, and home address must be filed with us)) company authorized to conduct business in this state; or
(b) An individual resident of this state who is at least eighteen years old.
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