WSR 09-03-025



[ Order 639 -- Filed January 9, 2009, 4:48 p.m. , effective February 9, 2009 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The Coalition for Responsible Gaming and Regulation ("coalition") is a group that includes manufacturers, distributors, charitable/nonprofit organizations, and commercial operators. Beginning in the fall of 2006, staff had several meetings with the coalition. During these meetings, the parties discussed the coalition's concerns about some aspects of the administrative case process and worked on a rules proposal. However, an agreement satisfactory to both parties was not reached. The coalition proposes adding language to clarify that the "presiding officer" (which would be the administrative law judge (ALJ) or the commissioners if hearing a case on appeal) has the authority to modify sanctions sought by commission staff. Some coalition members previously told staff that they believe the ALJs are hesitant to impose penalties that are different than those recommended by staff. Although staff does not share this perception, this addition makes it clear that the presiding officer can impose the penalty they feel is appropriate. The coalition's request was approved at the January 2009 commission meeting.

Citation of Existing Rules Affected by this Order: Amending WAC 230-17-025.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 08-22-079 on November 4, 2008, and published November 19, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: January 9, 2009.

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 615, filed 10/24/07, effective 1/1/08)

WAC 230-17-025   Appointment of administrative law judge or "presiding officer."   (1) The commissioners hereby appoint the office of administrative hearings to assign an administrative law judge (ALJ), called the "presiding officer," to preside at all hearings which result from administrative charges, unless:

(a) The commissioners, by their own order, declare their intent to preside at a specific proceeding; or

(b) The proceeding is an appeal of an initial order issued by an ALJ.

(2) All hearings must be conducted in compliance with TITLE 230 WAC and chapter 34.05 RCW.

(3) The presiding officer is authorized to modify an administrative penalty sought by commission staff against the applicant, licensee, or permittee.

[Statutory Authority: RCW 9.46.070. 07-21-156 (Order 615), 230-17-025, filed 10/24/07, effective 1/1/08.]

Washington State Code Reviser's Office