WSR 15-07-055

PERMANENT RULES

GAMBLING COMMISSION

[Order 711—Filed March 13, 2015, 2:23 p.m., effective April 13, 2015]

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

Purpose: At their March 2015 meeting, the commissioners adopted rule changes to allow the agency to recoup processing costs for:

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Issuing refunds for overpayments, duplicate payments, and prior year refunds; and

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Nonsufficient fund (NSF) payments, including electronic and credit card payments. The number of NSF payments is increasing because licensees are not entering their account and/or routing number correctly when paying online. Our online payment web page includes a note about the importance of correctly inputting banking information and we also ask banking information to be entered twice to catch any inputting errors.

Citation of Existing Rules Affected by this Order: Amending WAC 230-05-001, 230-05-010, and 230-06-140.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 15-03-023 on January 9, 2015.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: March 13, 2015.

Susan Newer

Rules Coordinator

AMENDATORY SECTION (Amending WSR 07-21-116, filed 10/22/07, effective 1/1/08)

WAC 230-05-001 Prorating or refunding of fees.

(1) We may prorate organization license fees when we adjust expiration dates to schedule our workload.

(2) We may adjust expiration dates to end on the same day for organizations licensed for more than one activity. Whenever we adjust license expiration dates under this provision, we may prorate the required fees.

(3) We will not prorate or refund fees when:

(a) You discontinue your gambling activities; or

(b) You voluntarily surrender your license or permit; or

(4) We keep a portion of your application or license fees ((whether we)) for processing costs when:

(a) We deny or administratively close your application; or

(b) You withdraw ((it)) your application; or

(d) We received duplicate license fees.

(5) If you are a commercial stimulant or a charitable or nonprofit licensee, you have one year from your license expiration to apply for a partial refund of your license fee if your annual gross gambling receipts are less than the minimum for your license class. After our approval, we refund you the difference between the fees you paid and the fees for the license class level you actually met less our processing costs.

AMENDATORY SECTION (Amending WSR 06-07-157, filed 3/22/06, effective 1/1/08)

WAC 230-05-010 Returned ((checks)) payments.

(1) If your bank returns your ((check)) payment for license fees to us for any reason, you must:

(a) Pay us in full, by certified check, money order, or cash, within five days of notification; and

(b) ((Pay an additional)) Reimburse our processing ((charge of thirty dollars)) costs, which would include, but not be limited to, time spent notifying you and seeking payment.

(2) If you fail to pay within five days of notification:

(a) We will administratively close your application; or

(b) Your license expires and all gambling activity must stop.

(3) If we administratively close your application or your license expires, you must give us a new application with fees paid by certified check, money order, or cash in order to be considered for a license.

AMENDATORY SECTION (Amending WSR 06-17-132, filed 8/22/06, effective 1/1/08)

WAC 230-06-140 Partial refund of license fees if gambling receipts limit not met.

(1) Licensees may apply for a partial refund of their license fee when their annual gross gambling receipts are less than the minimum for the class of license we issued to them.

(2) Licensees may receive a refund for the difference between the fees actually paid and the fees that would normally apply to the level of gross gambling receipts actually received during the period less our processing costs.

(3) Licensees may make their request for refund after the end of any annual license period and before the end of the next annual license period.