WSR 97-03-095

PERMANENT RULES

GAMBLING COMMISSION

[Order 307--Filed January 17, 1997, 12:08 p.m.]

Date of Adoption: January 10, 1997.

Purpose: This rule clarifies the procedures for requesting a hearing regarding seizure of a gambling device and the rights involved in such hearing.

Statutory Authority for Adoption: RCW 9.46.231, 9.46.070 (14), (20).

Adopted under notice filed as WSR 96-21-070 on October 15, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, amended 0, repealed 0; Federal Rules or Standards: New 1, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

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

January 13, 1997

David D. Shaw

Rules and Policy Coordinator

NEW SECTION

WAC 230-50-005 Seizures - Hearings. In addition to the provisions of RCW 9.46.231, the following procedures apply to the seizure of gambling devices.

(1) For purposes of this rule, gambling devices are defined in RCW 9.46.0241 and includes, but is not limited to, slot machines, video poker, and other electronic games of chance.

(2) Upon seizure of a gambling device, any person claiming ownership or right to possession of the seized gambling device must notify the seizing agency in writing within 45 days of the seizure. Notification after 45 days will be deemed insufficient and result in forfeiture of the seized item.

(3) If a hearing is timely requested, such hearing will be held within 90 days of the agency's receipt of the request for a hearing.

(4) At a seizure hearing, the only issues to be determined are:

(a) Whether the item seized is a gambling device; and

(b) Whether the item seized is an antique device as defined by RCW 9.46.235.

If a claimant is unable to prove (a) and (b) above, the item seized shall be summarily forfeited to the state.

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