WSR 14-15-035

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 10, 2014, 8:45 a.m.]

Subject of Possible Rule Making: Electronic video pull-tab dispensers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 and 9.46.110.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This filing is in response to a May 2014 court of appeals decision, which held that WAC 230-14-047 was "adopted without compliance with statutory rule making procedures" per RCW 34.05.570 (2)(c). The court of appeals found that the rule relates to the regulation of licensing, and thus under RCW 9.46.050(2) required the affirmative vote of at least three commission members for final approval. The rule was improperly promulgated because only two of the three commission members present voted to approve the rules. This rule proposal is to recodify the current version of WAC 230-14-047 as was amended April 11, 2014, under WSR 14-09-040.

Process for Developing New Rule: Interested parties can participate in the discussion of this proposed change by attending a commission meeting, or contacting Susan Newer, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication.

[Meetings on] August 14 or 15, 2014, at the Comfort Inn, 1620 74th Avenue S.E., Tumwater, WA 98501, visit www.wsgc.wa.gov on August 1 to confirm meeting location and start time; on September 11 or 12, 2014, at the Comfort Inn, 1620 74th Avenue S.E., Tumwater, WA 98501, visit www.wsgc.wa.gov on September 1 to confirm meeting location and start time; and on October 9 or 10, 2014, at the Spokane Davenport Hotel, 10 South Post Street, Spokane, WA 99201, visit www.wsgc.wa.gov on October 1 to confirm meeting location and start time. Visit www.wsgc.wa.gov about ten days before each meeting to confirm meeting location, date and start time.

July 10, 2014

Susan Newer

Rules Coordinator