WSR 00-18-036



[ Filed August 30, 2000, 3:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-11-016.

Title of Rule: WAC 315-04-020 License application eligibility.

Statutory Authority for Adoption: RCW 67.70.040.

Statute Being Implemented: RCW 67.70.040.

Summary: Clarification of eligibility to apply for lottery license.

Reasons Supporting Proposal: See Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Rules Coordinator, Olympia, (360) 664-4833; Implementation and Enforcement: Merritt D. Long, Director, Olympia, (360) 664-4800.

Name of Proponent: Washington State Lottery Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 315-04-020 amendment will streamline the lottery's licensing process and provide efficient licensing to businesses licensed in the state of Washington.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The lottery has considered whether these rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW, and has determined that they are not for the following reasons: (1) The rules have no economic impact on business' cost of equipment, supplies, labor or administrative costs. The rules are designed to establish rules and procedures for the playing of instant lottery games; and (2) the rules will have a negligible impact, if any, on business because they are interpretive. They have been promulgated for the purpose of stating policy, procedure and practice and do not include requirements for forms, fees, appearances or other actions by business.

RCW 34.05.328 does not apply to this rule adoption. Said section does not apply to these proposed rules because they are not proposed by one of the listed agencies. As the rules are merely interpretive, the lottery does not voluntarily apply this section.

Hearing Location: M. J. Murdock Executive Plaza Building, Cascadia Conference Room, 703 Broadway, Vancouver, WA 98660, on November 17, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by September 12, 2000, TDD (360) 586-0933, or (360) 664-4833.

Submit Written Comments to: Mary Jane Ferguson, Lottery, fax (360) 664-4833, by September 12, 2000.

Date of Intended Adoption: November 17, 2000.

August 30, 2000

Mary Jane Ferguson

Rules Coordinator


AMENDATORY SECTION(Amending Order 83, filed 12/16/85)

WAC 315-04-020
License application eligibility.

Any person may submit an application for licensure except:

(1) No person may submit an application for licensure who is under 18 years of age.

(2) No person may submit an application who will be engaged exclusively in the business of selling tickets.

(3) No person may submit an application for licensure who is a member or employee of the commission or who is the spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any member or employee of the commission.

(4) No person may submit an application who is, or is owned or controlled by or affiliated with, a vendor or contractor of the commission or director for the development, operation, management, security or any other aspect of a specific game.

(5) No person may submit an application who is not legally registered and licensed to conduct business in the state of Washington or who has not submitted an application for a business license in the state of Washington.

The submission of an application shall not entitle any person to receipt of a license to act as a lottery retailer. An application may be denied for any reason permitted by statute or these rules.

[Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), 315-04-020, filed 12/16/85. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-039 (Order 4), 315-04-020, filed 10/15/82.]

Washington State Code Reviser's Office