WSR 05-07-118



[ Filed March 21, 2005, 4:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-04-101.

Title of Rule and Other Identifying Information: Amendatory section WAC 230-04-142 Notification to the commission upon beginning, terminating, or changing employment -- Public card room employees.

Hearing Location(s): Red Lion Hotel at the Park, 303 West North River Drive, Spokane, WA 99201, (509) 326-8000, on May 13, 2005, at 9:30 a.m.

Date of Intended Adoption: May 13, 2005.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail, fax (360) 486-3625, by May 1, 2005.

Assistance for Persons with Disabilities: Contact Shirley Corbett by May 1, 2005, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule was first adopted in 1979, to require both card room operators and licensed card room employees (CRE) to immediately notify the commission when there was a change in a CRE's employment status. For example, if the CRE transferred to a new employer or began working for an additional employer, both the employer and CRE would immediately notify the commission of the change. A processing fee was due at the time the commission was notified of a change in a CRE's employment status.

In 2000, the process of notifying the commission of CRE employment changes was modified. As such, the commission amended this rule in February 2001, to require the employer to notify the commission of changes in a CRE's employment status. Additionally, the fee associated with changing employers was changed to be due at the time a CRE renewed their license, rather than each time a change of employment was made.

Reasons Supporting Proposal: During the past three years, staff has spent a significant amount of time tracking fees associated with CREs transferring to a new employer, or adding a new employer. Additionally, accrued fees become burdensome to CREs when renewing their license at the end of the year. CREs may have budgeted for the renewal fee, but didn't budget money to cover transfer fees and are therefore, unable to renew their license. This can lead to staffing burdens for card rooms, when their CREs can't pay the transfer fees, their license expires and they are unable to work.

Employers will continue to notify the commission of any changes in the CRE's employment status; however, any fees will be due at that time, rather than when the CRE renews their license.

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: Washington State Gambling Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Neal Nunamaker, Deputy Director, Lacey, (360) 486-3452.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Amendment does not increase costs to licensees.

A cost-benefit analysis is not required under RCW 34.05.328. Amendment does not increase costs to licensees.

March 21, 2005

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 400, filed 2/9/01, effective 3/12/01)

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.

(1) The notification shall be submitted on a form provided by the commission.

(2) Each notification shall be 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 administrative office of the commission in Lacey, not later than 5 p.m. on the seventh business day following the employee's first day of work or last day of work, as applicable.

(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.)) A fee must be paid before a licensed card room employee or certified Class III employee begins working at another location. See WAC 230-04-204 for the amount of the fee.

(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. 01-05-021 (Order 400), 230-04-142, filed 2/9/01, effective 3/12/01. Statutory Authority: RCW 9.46.070(7). 79-09-029 (Order 91), 230-04-142, filed 8/14/79.]

Washington State Code Reviser's Office