WSR 14-05-078 PROPOSED RULES GAMBLING COMMISSION [Filed February 18, 2014, 12:42 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-05-082.
Title of Rule and Other Identifying Information: Amending WAC 230-06-050 Review of electronic or mechanical gambling equipment and new WAC 230-06-054 Notification of electronic or mechanical gambling equipment malfunctions.
Hearing Location(s): Vancouver Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on April 10 or 11, 2014, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.
Date of Intended Adoption: April 10 or 11, 2014.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625, by April 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by April 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes to WAC 230-06-050 will codify our current practice of:
It also clarifies that gambling equipment must be approved and the business licensed before selling or leasing may begin in Washington state.
The proposed new rule, WAC 230-06-054, will require licensees to notify us within seventy-two hours of identifying or becoming aware of an electronic or mechanical gambling equipment malfunction. Staff has created a form for licensees to use to report the equipment malfunctions.
Statutory Authority for Adoption: RCW 9.46.070.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; 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 was not prepared because the changes to WAC 230-06-050 do not change the existing costs to licensees to have their equipment reviewed and the changes to WAC 230-06-054 do not add costs to licensees when reporting electronic or mechanical gambling equipment malfunctions on the form provided by staff.
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.
February 18, 2014
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-21-116, filed 10/22/07, effective 1/1/08)
WAC 230-06-050 Review of electronic or mechanical gambling equipment.
(((1) Persons who wish to submit gambling equipment, supplies, services, or games for our review to verify compliance with chapter 9.46 RCW and Title 230 WAC must pay the application deposit before we perform the review. They must also reimburse us for any additional costs of the review.
(2) We may require manufacturers to submit certain electronic or mechanical gambling equipment for review. The equipment must meet technical standards for compliance, accuracy, security, and integrity. To allow for continued testing and training, staff may keep any equipment submitted for review for as long as the equipment remains in play in Washington. The manufacturers must reimburse us for any costs of the review. The commissioners and commission staff are not liable for any damage to equipment while in our possession.
(3) Licensees must operate equipment identical to the version the director or director's designee approved.
(4) If persons submitting equipment do not agree with the director or director's designee's 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.)) (1) When you submit gambling equipment, supplies, services, or games for our review to verify compliance with chapter 9.46 RCW and Title 230 WAC, you must pay the application deposit before we perform the review. You must also reimburse us for any additional costs of the review. All costs must be paid in full prior to the completion of the review.
(2) The gambling equipment submitted for review must be identical or substantially similar to what will be marketed, distributed, and deployed in Washington. If the equipment is not sufficient for testing and review, we may require additional equipment or information.
(3) If your application is incomplete or we request additional information, you must provide us with the required items within thirty days of notification or we may administratively close your application.
(4) You can begin selling or leasing the gambling equipment when you are licensed and the gambling equipment has been approved by the director or director's designee.
(5) We may include security or surveillance requirements as part of gambling equipment approval.
(6) Gambling equipment must operate as approved by the director or director's designee.
(7) We may keep equipment submitted for review to allow for continued testing and training as long as the equipment remains in play in Washington. We are not liable for any damage to equipment while in our possession.
(8) If you do not agree with the director or director's designee's decision, you may file a petition for declaratory order with the commission according to RCW 34.05.240 and chapter 230-17 WAC.
NEW SECTION
WAC 230-06-054 Notification of electronic or mechanical gambling equipment malfunctions.
Licensees must notify us, in the format we require, within seventy-two hours of identifying or becoming aware of an electronic or mechanical gambling equipment malfunction.
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