WSR 10-11-088

PROPOSED RULES

GAMBLING COMMISSION


[ Filed May 17, 2010, 1:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-06-089.

Title of Rule and Other Identifying Information: WAC 230-03-080 License approval process.

Hearing Location(s): Vancouver Heathman Lodge, 7801 Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on August 12 or 13, 2010, at 9:00 a.m.

Date of Intended Adoption: August 12 or 13, 2010.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.wa.gov, fax (360) 486-3625, by August 1, 2010.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by August 1, 2010, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule amendment is needed to reflect a legislative change made in 2007 when RCW 9.46.070 was changed to authorize the director to temporarily issue or suspend amusement game, manufacturer, distributor, service supplier, and individual licenses subject to the final approval by the commission.

Reasons Supporting Proposal: In 2000, this rule was amended to allow the director to issue temporary licenses after administrative approval for all licenses, except manufacturers and house-banked card rooms. Temporary licenses allow applicants to conduct a gambling activity for up to sixty days pending commission approval.

In 2005, this rule was amended to allow the director to issue temporary licenses for all gambling activities for up to sixty days pending commission approval. In early 2006, during the rules simplification project, this rule was amended to remove this language because it was not consistent with RCW 9.46.070.

In 2007, we requested legislation to correct the inconsistency with the RCW to allow the commissioners to authorize the director to temporarily issue or suspend licenses for amusement game, manufacturer, distributor, service supplier, and individual licenses subject to final approval by the commission. This request was approved during the 2007 legislative session. However, this rule was not updated to reflect the legislative change.

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: 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 proposed rule change does not impose more than minor costs, as defined in chapter 19.85 RCW, to licensees.

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.

May 17, 2010

Susan Arland

Rules Coordinator

OTS-3165.1


AMENDATORY SECTION(Amending Order 457, filed 3/22/06, effective 1/1/08)

WAC 230-03-080   License approval process.   (1) The director may issue a temporary license on completion of the licensing investigation for licenses issued under RCW 9.46.070 (((1) and (2))).

(2) The commissioners take action on applications at a public meeting. These actions may include license approval, holding an application over to a future meeting, or returning an application to staff for further investigation.

[Statutory Authority: RCW 9.46.070. 06-07-157 (Order 457), 230-03-080, filed 3/22/06, effective 1/1/08.]

Washington State Code Reviser's Office