WSR 00-05-103

PROPOSED RULES

GAMBLING COMMISSION


[ Filed February 16, 2000, 10:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-02-038 with a published date of February 18, 2000.

Title of Rule: Licensee reporting requirements, WAC 230-12-310.

Purpose: To clarify and streamline which criminal and civil actions must be reported to the commission. Furthermore, language was added so that licensees are required to report administrative actions related to gambling and ownership issues to the commission. In the past, it was not clear if "civil actions" included administrative actions.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.

Name of Proponent: Staff, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: Pasco Doubletree Hotel, 252 [2525] North 20th Avenue, Pasco, WA 98301, (509) 547-0701, on April 14, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by April 3, 2000, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, WA 98504-2400, fax (360) 438-8652, by April 3, 2000.

Date of Intended Adoption: April 14, 2000.

February 15, 2000

Susan Arland

Rules Coordinator

OTS-3809.1


AMENDATORY SECTION(Amending Order 162, filed 10/14/86)

WAC 230-12-310
Licensees to report to the commission all civil ((or)), criminal and select administrative actions filed against them.

(1) Each licensee shall report to the commission, all civil ((or)), criminal and select administrative actions filed by or against the licensee or the licensee's president, chief executive officer, chairman of the board, treasurer (chief financial officer), partner or any person holding a substantial interest or manager of the licensed gambling activity this includes, but is not limited to, actions involving the ownership or control of the business, managers, or dissolutions of substantial interest holders, and actions, such as patent infringement. All civil cases involving personal injury, debt collection, adoption, paternity, wage disputes and noncriminal traffic infractions need not be reported.

(2) Licensees must report administrative actions from other gambling regulatory agencies, including those from other countries.

(3) The report shall consist of a complete copy of the original documents filed. The licensee shall notify the commission of the final disposition of the case and include a copy of the final documents filed including, but not limited to, settlement agreements.

(((3))) (4) This report shall be attached to the next quarterly activity report filed with the commission. Organizations not required to submit quarterly reports shall send the report to the commission within thirty days of their receipt of notice of the action filed and within thirty days have the final disposition.

(((4))) (5) The director may exempt reporting specific types of civil actions upon written request and for good cause shown.

[Statutory Authority: Chapter 9.46 RCW. 86-21-060 (Order 162), 230-12-310, filed 10/14/86; Order 15, 230-12-310, filed 4/17/74.]

Washington State Code Reviser's Office