Date of Adoption: February 9, 2001.

Purpose: Under current rules, both a card room operator and card room employee (CRE) are required to notify the commission when the CRE begins working, transfers to another card room, begins working for an additional card room or is terminated. The notification process is bing simplified and automated. Now only the employer will notify the commission of changes in CREs, rather than both the card room operator and CRE. Furthermore, currently, a CRE must wait fifteen days from when they submit their application to when they may begin working. Due to a new automated system the waiting period will be reduced from fifteen days to ten days.

Citation of Existing Rules Affected by this Order: Amending WAC 230-04-140 and 230-04-142.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 00-23-126 on November 22, 2000, with a publication date of December 6, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 9, 2001

Susan Arland

Rules Coordinator

OTS-4555.4

AMENDATORY SECTION(Amending Order 91, filed 8/14/79)

WAC 230-04-142   Notification to the commission upon beginning, terminating, or changing employment -- Public card room employees.   A licensed public card room operator shall notify the commission in writing when a card room employee has begun work in the card room or has terminated employment for any reason.

((The notification shall include the full name, sex and birthdate of the employee, and among other things, the date the employee began to work for the card room operator, with an acknowledgement that he or she has done so with the operator's knowledge and consent, or the date employment terminated. The report)) (1) The notification shall be submitted on a form provided by the commission.

(2) Each notification shall be ((made immediately and must)) completed on or before the card room employee's first day of work or when the employer determines the card room employee will no longer be working, as applicable, and shall reach the ((commission's Olympia)) administrative office of the commission in Lacey, not later than 5 p.m. on the ((tenth)) seventh business day following the employee's first day of work or last day of work, as applicable. ((If the tenth day falls on a Saturday, Sunday or state holiday, it shall be due upon the next following business day.

This rule shall not apply to persons operating a public card room under a Class B or Class D license only.))

(3) The fee for transferring, adding, or converting from Class III shall be set forth in WAC 230-04-204 and will be paid by the card room employee at the time of license renewal.

(4) This rule shall not apply to persons operating a public card room under a Class B or Class D license only.

[Statutory Authority: RCW 9.46.070(7). 79-09-029 (Order 91), 230-04-142, filed 8/14/79.]

OTS-4554.4

AMENDATORY SECTION(Amending Order 383, filed 4/14/00, effective 5/15/00)

WAC 230-04-140   Licensing of public card room employees -- Procedures -- Exceptions.   Except as provided for in this section, no person shall act as a public card room employee in a Class E, F, or house-banked card room unless such person has received a license from the commission ((and)). Public card room operators shall not employ any unlicensed person to perform duties for which a license is required and shall take all measures to prevent an unlicensed person from doing so. The following procedures and exceptions apply to ((public)) card room employee licenses:

Applicants working prior to licensure.

(1) Individuals may perform card room duties prior to receiving ((an)) a card room employee license if:

(a) They have properly submitted a completed card room employee application to the commission and met all the requirements set forth in this subsection. For purposes of this section, an application shall be deemed complete when all requested data has been entered on the form, all questions are fully and truthfully answered, all attachments are included and the application is accompanied by the required fees. An application shall be deemed received when delivered to the commission's headquarters office during normal business hours or deposited in the U.S. mail properly addressed to the commission;

(b) ((The)) Commission staff has performed basic criminal background procedures prior to any duties being performed. To assure adequate time for such investigation, applicants shall not be allowed to perform card room duties until at least ((fifteen)) ten days has elapsed from the date of application or notification by the commission that the card room employee may begin to work: Provided, That commission staff may waive the ((fifteen)) ten-day waiting period. Such a waiver shall only be granted if:

(i) An employer can demonstrate an urgent and unexpected need for such employee;

(ii) The failure to grant such waiver would result in business closure or weaken the control structure of the activity;

(iii) The circumstances causing the need for a waiver was beyond the control of the licensee;

(iv) Commission staff is able to complete expedited review procedures; and

(v) The fee for such waiver is paid per WAC 230-04-204; and

(c) They are not restricted by subsection (2) of this section.

Applicants not allowed to work prior to licensure.

(2) An individual shall not be allowed to work prior to receiving ((an employee)) a card room employee license if:

(a) The commission has previously revoked a license or denied an application by that individual; or

(b) They have been convicted of, or forfeited bond upon a charge of, or pleaded guilty to certain offenses set forth in RCW 9.46.075, 9.46.158, and WAC 230-04-400; or

(c) The applicant:

(i) Has administrative or criminal charges pending;

(ii) Is awaiting results of an administrative hearing, criminal trial or appeal;

(iii) Is serving a period of probation or otherwise under court supervision; or

(iv) Is subject to an arrest warrant.

Unqualified card room employees - suspension of duties.

(3) Once the commission notifies a card room operator that an employee is not qualified to work without a license, the operator shall immediately suspend the applicant employee from all card room related duties.

Fees for applicants working prior to licensure.

(4) If an applicant elects to perform the duties of a card room employee prior to receiving a license as authorized under the provisions of this section, the commission shall retain the entire application fee regardless of the disposition of the application.

Owners not required to be licensed as a card room employee.

(5) A sole owner, partner, major officer and/or owner of a substantial interest in a corporation or member of a limited liability company licensed to operate a public card room shall not be required to be additionally licensed as a ((public)) card room employee to perform duties in connection with the card room.

Employer shall sign application.

(6) The operator of a public card room or partner or officer of the entity operating the card room for which the applicant will work shall sign the application of each such ((public)) card room employee acknowledging that the applicant will be working for that operator with the operator's knowledge and consent.

License shall be valid for one year.

(7) A card room employee license shall be valid for a period not to exceed one year from the date a license is issued or the date of the application if the applicant works prior to receiving a license.

Employer shall maintain copies of all licenses.

(8) A licensed operator shall maintain a photocopy of each card room employee's license, or application if a license has not been issued, on the licensed premises at all times. Such photocopy shall be available for inspection by commission staff or other law enforcement personnel upon request.

Working for an additional employer or changing employers - fees.

(9) A card room employee may work for an additional employer or change employers ((by submitting a transfer or change of employer application. Such application)) after all requirements of WAC 230-04-142 have been met. The required notification forms, as set forth in WAC 230-04-142, shall be maintained by the employing organization as required by subsection (8) of this section. The fee for changing employers shall be as set forth in WAC 230-04-204.

Class III employees working as a card room employee - fees.

(10) A certified Class III gaming employee may ((apply for a license conversion to)) work as a card room employee ((by submitting a transfer or change of employer application)) after all requirements of WAC 230-04-142 have been met. The fee for a conversion shall be as set forth in WAC 230-04-204.

[Statutory Authority: RCW 9.46.070. 00-09-052 (Order 383), 230-04-140, filed 4/14/00, effective 5/15/00. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-140, filed 11/21/96, effective 1/1/97. Statutory Authority: Chapter 9.46 RCW. 87-09-043 (Order 167), 230-04-140, filed 4/14/87. Statutory Authority: RCW 9.46.070 (1), (7), (11), (14), and (17). 83-21-073 (Order 137), 230-04-140, filed 10/18/83. Statutory Authority: RCW 9.46.070(16). 80-03-059 (Order 98), 230-04-140, filed 2/25/80; 79-09-029 (Order 91), 230-04-140, filed 8/14/79; 78-08-055 (Order 86), 230-04-140, filed 7/20/78, effective 9/1/78; 78-06-066 (Order 85), 230-04-140, filed 5/25/78, effective 9/1/78.]

Washington State Code Reviser's Office