Original Notice.

Preproposal statement of inquiry was filed as WSR 00-20-080 with a published date of October 18, 2000.

Title of Rule: Amendatory sections WAC 230-04-140 Licensing of public card room employees -- Procedures -- Exceptions and 230-04-142 Notification to the commission upon beginning, terminating, or changing employment -- Public card room employees.

Purpose: Under current rules, both a card room operator and card room employee (CRE) are required to notify the commission when the CRE begins working, transfers to another card room, begins working for an additional card room or is terminated. The notification process is being simplified and automated. Now only the employer will notify the commission of changes in CREs, rather than both the card room operator and CRE. Furthermore, currently, a CRE must wait fifteen days from when they submit their application to when they may begin working. Due to a new automated system the waiting period will be reduced from fifteen days to ten days.

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; Enforcement: Bob Berg, Lacey, (360) 438-7654 ext. 348.

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: Cavanaughs at Capitol Lake, 2300 Evergreen Park Drive S.W., Olympia, WA 98502, phone (360) 943-4000, on February 9, 2001, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by February 1, 2001, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by February 1, 2001.

Date of Intended Adoption: February 9, 2001.

November 22, 2000

Susan Arland

Rules Coordinator

Except as provided for in this section, no person shall act as a public card room employee (CRE) in a Class E, F, or house-banked card room unless such person has received a license from the commission and operators shall not employ any unlicensed person to perform duties for which a license is required.      The following procedures and exceptions apply to ((public card room employee)) CRE licenses:

CRE applicants working prior to licensure.

     (1) Individuals may perform card room duties prior to receiving an employee license if:

     (a) They have properly submitted a completed ((card room employee)) CRE application to the commission and met all the requirements set forth in this subsection.      For purposes of this section, an application shall be deemed complete when all requested data has been entered on the form, all questions are fully and truthfully answered, all attachments are included and the application is accompanied by the required fees.      An application shall be deemed received when delivered to the commission's headquarters office during normal business hours or deposited in the U.S. mail properly addressed to the commission;

     (b) The commission has performed basic criminal background procedures prior to any duties being performed.      To assure adequate time for such investigation, applicants shall not be allowed to perform card room duties until at least ((fifteen)) ten days has elapsed from the date of application or notification by the commission: Provided, That commission staff may waive the ((fifteen)) ten-day waiting period.      Such a waiver shall only be granted if:

     (i) An employer can demonstrate an urgent and unexpected need for such employee;

     (ii) The failure to grant such waiver would result in business closure or weaken the control structure of the activity;

     (iii) The circumstances causing the need for a waiver was beyond the control of the licensee;

     (iv) Commission staff is able to complete expedited review procedures; and

     (v) The fee for such waiver is paid per WAC 230-04-204; and

     (c) They are not restricted by subsection (2) of this section.

CRE applicants not allowed to work prior to licensure.

     (2) An individual shall not be allowed to work prior to receiving ((an employee)) a CRE license if:

     (a) The commission has previously revoked a license or denied an application by that individual; or

     (b) They have been convicted of, or forfeited bond upon a charge of, or pleaded guilty to certain offenses set forth in RCW 9.46.075, 9.46.158, and WAC 230-04-400; or

     (c) The applicant:

     (i) Has administrative or criminal charges pending;

     (ii) Is awaiting results of an administrative hearing, criminal trial or appeal;

     (iii) Is serving a period of probation or otherwise under court supervision; or

     (iv) Is subject to an arrest warrant.

Unqualified CREs - suspension of duties.

     (3) Once the commission notifies a card room operator that an employee is not qualified to work without a license, the operator shall immediately suspend the applicant employee from all card room related duties.

Fees for CRE applicants working prior to licensure.

     (4) If an applicant elects to perform the duties of a ((card room employee)) CRE prior to receiving a license as authorized under the provisions of this section, the commission shall retain the entire application fee regardless of the disposition of the application.

Owners not required to be licensed as a CRE.

     (5) A sole owner, partner, major officer and/or owner of a substantial interest in a corporation licensed to operate a public card room shall not be required to be additionally licensed as a ((public card room employee)) CRE to perform duties in connection with the card room.

Employer shall sign CRE application.

     (6) The operator of a public card room or partner or officer of the entity operating the card room for which the applicant will work shall sign the application of each such ((public card room employee)) CRE acknowledging that the applicant will be working for that operator with the operator's knowledge and consent.

CRE license shall be valid for one year.

     (7) A ((card room employee)) CRE license shall be valid for a period not to exceed one year from the date a license is issued or the date of the application if the applicant works prior to receiving a license.

Employer shall maintain copies of all CRE licenses.

     (8) A licensed operator shall maintain a photocopy of each ((employee's)) CRE's license, or application if a license has not been issued, on the licensed premises at all times.      Such photocopy shall be available for inspection by commission staff or other law enforcement personnel upon request.

CREs working for more than one employer and transfers - fees.

     (9) A ((card room employee)) CRE may work for an additional employer or change employers after all requirements of WAC 230-04-142 have been met. ((submitting a transfer or change of employer application.      Such application)) The required notification forms as set forth in WAC 230-04-142, shall be maintained by the employing organization as required by subsection (8) of this section.      The fee for changing employers shall be as set forth in WAC 230-04-204.

Class III employees working as a CRE - fees.

     (10) A certified Class III gaming employee may ((apply for a license conversion to)) work as a ((card room employee)) CRE after all requirements of WAC 230-04-142 have been met ((by submitting a transfer or change of employer application)).      The fee for a conversion shall be as set forth in WAC 230-04-204.

[Statutory Authority: RCW 9.46.070.      00-09-052 (Order 383), § 230-04-140, filed 4/14/00, effective 5/15/00.      Statutory Authority: RCW 9.46.070 and 9.46.116.      96-24-007 (Order 304), § 230-04-140, filed 11/21/96, effective 1/1/97.      Statutory Authority: Chapter 9.46 RCW.      87-09-043 (Order 167), § 230-04-140, filed 4/14/87.      Statutory Authority: RCW 9.46.070 (1), (7), (11), (14), and (17).      83-21-073 (Order 137), § 230-04-140, filed 10/18/83.      Statutory Authority: RCW 9.46.070(16).      80-03-059 (Order 98), § 230-04-140, filed 2/25/80; 79-09-029 (Order 91), § 230-04-140, filed 8/14/79; 78-08-055 (Order 86), § 230-04-140, filed 7/20/78, effective 9/1/78; 78-06-066 (Order 85), § 230-04-140, filed 5/25/78, effective 9/1/78.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION [(Amending Order 91, filed 8/14/79)]WAC 230-04-142
Notification to the commission upon beginning, terminating, or changing employment -- Public card room employees.

A licensed public card room operator shall notify the commission in writing when a card room employee has begun work in the card room or has terminated employment for any reason. ((The notification shall include the full name, sex and birthdate of the employee, and among other things, the date the employee began to work for the card room operator, with an acknowledgement that he or she has done so with the operator's knowledge and consent, or the date employment terminated.      The report))

     (1) The notification shall be in a format provided by the commission and include at least the following information:

     (a) Employee's full name;

     (b) Start or termination date, whichever applies;

     (c) Employee's license number;

     (d) Last four digits of the employee's social security number;

     (e) Employer's signature;

     (f) Employee's signature for transfers, additions, or conversions from Class III.

     (2) Notification shall be made immediately and must reach the commission's Olympia office not later than 5 p.m. on the ((tenth)) seventh day following the employee's first day of work or last day of work, as applicable.      If the ((tenth)) seventh day falls on a Saturday, Sunday or state holiday, it shall be due upon the next following business day.

     (3) The fee for transferring, adding, or converting from Class III shall be set forth in WAC 230-04-204 and will be paid by the card room employee at the time of license renewal.

     This rule shall not apply to persons operating a public card room under a Class B or Class D license only.

[Statutory Authority: RCW 9.46.070(7).      79-09-029 (Order 91), § 230-04-142, filed 8/14/79.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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