WSR 13-09-050



[ Filed April 15, 2013, 3:44 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-05-082.

     Title of Rule and Other Identifying Information: WAC 230-06-052 Withdrawing gambling equipment authorization.

     Hearing Location(s): Bellevue Red Lion, 11211 Main Street, Bellevun [Bellevue], WA 98004, (425) 455-5240, on July 11 or 12, 2013, at 9:00 a.m. or 1:00 p.m.

     NOTE: Meeting dates and times are tentative. Visit our web site at and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

     Date of Intended Adoption: July 11 or 12, 2013.

     Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by July 1, 2013.

     Assistance for Persons with Disabilities: Contact Gail Grate by July 1, 2013, TTY (360) 486-3637 or (360) 486-3453.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Staff is requesting a new rule to establish and outline the process for when staff withdraws approval of gambling equipment. This proposed new rule is based on both WAC 230-15-045 Withdrawing card game authorization and 230-06-050 Review of electronic or mechanical gambling equipment, to allow a process for withdrawing authorization.

     Reasons Supporting Proposal: We do not have rules addressing the process for withdrawing authorization of gambling equipment. This new rule is similar to what occurs when gambling equipment submissions are denied. It establishes a rule which allows staff to withdraw authorization of gambling equipment.

     Statutory Authority for Adoption: RCW 9.46.070.

     Statute Being Implemented: Not applicable.

     Name of Proponent: Washington state gambling commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement has not been prepared pursuant to RCW 19.85.025, and/or the proposed rule change clarifies language of rules without changing the effect.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

April 15, 2013

Susan Newer

Rules Coordinator


WAC 230-06-052   Withdrawing gambling equipment authorization.   If the director or the director's designee withdraws authorization of gambling equipment:

     (1) The director or the director's designee will give the applicant written notice and an opportunity to object to the decision. If the applicant does not agree with the decision, they may file a petition for declaratory order with the commission to be heard as a full review (de novo) by an administrative law judge, according to RCW 34.05.240 and chapter 230-17 WAC.

     (2) The director or the director's designee will provide written notice to other impacted licensees who have the gambling equipment after a final decision is made.