WSR 00-23-129

PERMANENT RULES

GAMBLING COMMISSION


[ Order 392 -- Filed November 22, 2000, 11:35 a.m. , effective January 1, 2001 ]

Date of Adoption: November 17, 2000.

Purpose: Currently, this rule requires all changes in management positions to be reported to the commission. This enables staff to conduct background investigations on people involved in the management of a gambling operation. This amendment specifically lists which positions must be reported to the commission when changes are made to the management structure. By listing specific positions, redundancies are removed, i.e. persons who have already obtained a gambling license will not have to be reported, as they have already passed the background investigations and qualified for a gambling licensee.

Citation of Existing Rules Affected by this Order: Amending WAC 230-04-330.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 00-18-086 on September 5, 2000, with a publication of September 20, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 1, 2001.

November 22, 2000

Susan Arland

Rules Coordinator

OTS-4246.3


AMENDATORY SECTION(Amending Order 67, filed 3/11/77)

WAC 230-04-330
Change of management.

((No licensee shall make, or allow, a change in the)) Changes made to an organization's management, directors, officers, or any other person holding a position ((with that licensee wherein he)) that makes any management decision directly affecting the operation of any licensed gambling activity ((without notifying the commission in writing not more than thirty days following such change: Provided, That with respect to bona fide charitable or bona fide nonprofit organizations only, notice need not be given of change in officers until the required renewal date(s) for a particular license(s), or an additional license is applied for, whichever is sooner.

Each such change is subject to the approval of the commission.

Together with a notice of such change, the commission shall be supplied with all of the information which, by law or under the rules of the commission, would have been required to be supplied to the commission respecting such director or officer, or other person in a managerial position, with the licensee had he been in such capacity at the time the application for the license was originally submitted to the commission)) shall be reported to commission staff in writing.


Notification.


(1) Commercial business licensees. Within thirty days, after making the following management changes:

(a) Board of directors, if any;

(b) Officers; and

(c) All persons, whether licensed or not, designated as the overall manager of one or more of the following licensed gambling activities:

(i) Amusement games;

(ii) Punch boards/pull-tabs; or

(iii) Public card room.

(d) Persons that have applied for or hold a current card room employee license are not required to notify commission staff if they change positions, unless they perform one or more of the managerial duties listed in (c) of this subsection.

(2) Charitable or nonprofit organization licensees. When renewing their annual license, after making the following management changes:

(a) Highest ranking officer or official; and

(b) Treasurer or equivalent.

(3) Each notice shall be submitted on forms provided by the commission. The forms and all attachments must be completed fully and submitted in accordance with the time periods listed above.

[Order 67, 230-04-330, filed 3/11/77; Order 40, 230-04-330, filed 6/26/75; Order 5, 230-04-330, filed 12/19/73.]

Washington State Code Reviser's Office