WSR 00-09-051

PERMANENT RULES

GAMBLING COMMISSION


[ Order 382 -- Filed April 14, 2000, 4:19 p.m. ]

Date of Adoption: April 14, 2000.

Purpose: This amendment clarifies and streamlines 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.

Citation of Existing Rules Affected by this Order: Amending WAC 230-12-310.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 00-05-103 on February 16, 2000, with a publication of March 1, 2000.

Changes Other than Editing from Proposed to Adopted Version: Language was added requiring licensees to report criminal actions within fourteen days, rather than having the licensee wait to report these actions with their next quarterly activity report, or if they do not submit quarterly activity reports, within thirty days. This allows the agency to more timely receive and process this important information.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

April 14, 2000

Susan Arland

Rules Coordinator

OTS-3809.4


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

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

(1) Each licensee shall report to the commission within fourteen days, all ((civil or)) criminal 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. ((All civil cases involving personal injury, debt collection, adoption, paternity, wage disputes and noncriminal traffic infractions need not be reported.)) The final disposition of the case must be attached with the next quarterly activity report filed with the commission. Organizations not required to submit quarterly activity reports shall send the report to the commission within thirty days after the final disposition.

(2) Each licensee shall report to the commission civil and administrative actions filed by or against persons listed in subsection (1) of this section that involve ownership or control of the business, dissolutions, actions significantly affecting business interests, such as patent or copyright infringement and all administrative actions from other gambling regulatory agencies, including those from other countries and Indian tribes. 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 after the final disposition.

(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) 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.))

(4) 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