To ensure the integrity of punch boards and pull-tab series, we maintain a quality control program. This program includes a level of inspection and evaluation we deem necessary to ensure punch boards and pull-tabs meet the standards of chapter
9.46 RCW and Title 230 WAC. Manufacturers must pay for administering this program. The program includes at least:
(1) Special inspections - We may select any punch board or pull-tab series to examine in any manner for quality or integrity, including punching out or pulling all chances remaining on the board or series. Manufacturers must reimburse distributors or operators for unused games we select for quality control testing purposes. We determine the reimbursement process. We may bill manufacturers for the cost of quality control investigations which exceed forty hours of our staff time.
(2) Defective punch boards or pull-tab series - When a punch board or pull-tab series is defective, operators must:
(a) Remove the board or series from play and notify us. We complete a quality control report which operators must use to return the board or series to the distributor or manufacturer; and
(b) Return punch boards or pull-tab series which have been opened, prepared for play, or placed out for play to the manufacturer or distributor; and
(c) Return defective or recalled boards or series which are unopened to the distributor or manufacturer without a quality control report.
(3) Credits or reimbursements for defective punch boards or pull-tab series:
(a) Manufacturers must reimburse distributors or operators for the cost of a replacement board or series which are returned under subsection (2) of this section; and
(b) Manufacturers may, at their discretion, reimburse operators for only actual net losses resulting from the play of a board or series because of its defect; and
(c) For credits and reimbursements for defective punch boards or pull-tab series, manufacturers or distributors:
(i) Must properly record all boards or series returned on a credit memo. WAC
230-16-190 explains requirements for credit memos; and
(ii) May reimburse operators for actual net losses. Manufacturers must keep adequate supporting documentation for all reimbursements.
(4) Our fees to recover costs for defective punch boards or pull-tab series - We may assess a fee for each defective punch board or pull-tab series sold to operators for which we complete a quality control report. We do not assess this fee beyond the fifth series of a particular form number with the same defect.
[Statutory Authority: RCW
9.46.070. WSR 07-19-069 (Order 615), § 230-16-050, filed 9/17/07, effective 1/1/08.]