Title 58--RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS 401, 403, 407, 421, 423, 427, 433, 435, 451, 461, 471, 481, 491, 495, 497 AND 499]
Temporary Regulations
[35 Pa.B. 4045] The Pennsylvania Gaming Control Board (Board), under authority in 4 Pa.C.S § 1202(b)(14) (relating to general and specific powers), adopts temporary regulations to facilitate implementation of 4 Pa.C.S. Part II (relating to gaming), enacted by the act of July 5, 2004 (P. L. 572, No. 71) (Act 71). The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board). Subpart A is entitled General Provisions and contains Chapter 401, Preliminary Provisions, Chapter 403, Board Operation and Organization and Chapter 407, Public Access to Board Records.
The next portion of regulations focuses primarily on the licensing and application process. Subpart B is entitled Licensing, Registering and Permitting and contains Chapter 421, General Provisions, Chapter 423, Applications, Chapter 427, Manufacturer Licenses, Chapter 433, License Renewal and Chapter 435, Employees. Subpart D is entitled Recordkeeping and contains Chapter 451, Licensee Recordkeeping Requirements. Subpart E is entitled Slot Machine Testing and Certification and contains Chapter 461, Slot Machine Testing and Certification Requirements. Subpart F is entitled Fees and contains Chapter 471, Filing fees.
The next portion of regulations focuses on the diversity requirements of licensees. Subpart G is entitled Minority and Women's Business Enterprises and contains Chapter 481, General provisions.
The final portion of the regulations pertains to practice before the Board. Subpart H is entitled Practice and Procedure and contains Chapter 491, General Rules of practice, Chapter 495, Documentary filings, Chapter 497, Time and Chapter 499, Representation Before the Board.
Purpose and Background
Under 4 Pa.C.S. § 1203 (relating to temporary regulations), the Board is required to promulgate temporary regulations to facilitate the prompt implementation of Act 71. The temporary regulations are necessary to enhance the credibility of the licensed operation of slot machines and associated equipment in this Commonwealth and to carry out the policy and purposes of the Board. In adopting the temporary regulations, the Board has considered public comments submitted to the Board, comments of the Department of Revenue and the regulatory practices of other Commonwealth agencies.
In order to promulgate the temporary regulations in accordance with customary rulemaking procedure, the Board published its draft regulations in the Pennsylvania Bulletin at 35 Pa.B. 2569 (April 23, 2005). A 30-day public comment period was provided.
Under 4 Pa.C.S. § 1203, the temporary regulations adopted by the Board shall expire no later than 2 years following the effective date of Act 71 or upon promulgation of regulations as generally provided by the law. These temporary regulations are not subject to sections 201--205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1205), known as the Commonwealth Documents Law (CDL), or to the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Comment and Responses
The Board received public comment from more than 35 interested parties, including industry members, citizens and political representatives. The Board thoroughly reviewed and considered all comments submitted. All public comments received by the Board are available for review on the Board's website, www.pgcb.state.pa.us. In order to respond to the comments in the most efficient manner, the Board has selected representative comments and formulated responses to these comments. These comments and responses are published herein.
Comment
Measures should be taken to prevent losses of machines through theft or changes to them through tampering or by damage. It is therefore respectfully submitted that the Board consider developing minimum standards to address these concerns while the equipment is in transit and while at the suppliers' facilities. This could include strict requirements for documentation and inspection, for the type and quality of transportation, for the location and quality of storage facilities, for alarm systems, environmental controls, etc.
Response
The Board acknowledges the security concerns of both manufacturers and suppliers. The Board agrees to review this recommendation and believes that these issues are essential to protecting the integrity of the gaming industry in this Commonwealth.
Comment
Through amendments to the Proposed Regulations or its actual conduct, the Board needs to clarify how and when it will permit--indeed encourage--industry communication with its members and staff. Our view is that gaming operations run more smoothly and efficiently in those jurisdictions that facilitate free and open communication between (i) the gaming regulatory agency and/or its staff and (ii) members of the public including, without limitation, licensees, vendors, manufacturers, facility operators, etc.
Response
The Board agrees to review this recommendation and will consider the most appropriate and effective means of communication between the Board and the licensees.
Chapter 401. Preliminary Provisions
§ 401.4 Definitions.
Comment
Amend definition of ''associated equipment'' to include ''other equipment as approved by the Board.''
Response
The Board agrees that additional parts or equipment not presently included in the definition may need to be treated as associated equipment to ensure appropriate regulation for manufacturers and has added similar language.
Comment
Two different manufacturers of currency or bill validators presented different views on whether they should be licensed as a manufacturer.
Response
The Board is reviewing the inclusion of bill validators in the manufacturer licensing provisions. The Board believes that if the bill validator is inserted and made part of the slot machine by a slot machine manufacturer, a separate license would not be required. However, for a bill validator that is directly installed by the maker of the validator, a manufacturer license would be required. In addition, a manufacturer of associated equipment would have to use a supplier to install and repair the equipment. If the validation system is a free-standing machine, it is deemed ''associated equipment'' and therefore the manufacturer must be licensed by the Board and the machine must be provided through a licensed supplier.
Comment
Does a manufacturer of associated equipment located in Pennsylvania need to sell through a supplier?
Response
The act requires the use of a licensed supplier to sell and distribute any associated equipment. It also gives suppliers the responsibility of repair of all slot machines and associated equipment.
Comment
The definition of ''associated equipment'' should be amended to exclude seats, light bulbs and decals.
Response
The Board does not believe that the definition of ''associated equipment'' as written includes decals, seats or light bulbs as they are not part of the machine that constitutes ''gaming.''
Comment
What happens if the central computer malfunctions?
Response
The Department of Revenue will require that the vendor for the central computer have adequate back-up systems to prevent and respond to a malfunction and to have adequate personnel on hand to repair any malfunction. This will be part of the contract between the provider and the Department of Revenue. However, if a malfunction occurs that requires time to repair, play would cease until the central system is once again operational.
Comment
What is an example of ''unwarranted invasion of personal privacy?''
Response
An example of the type of information that if released would constitute an unwarranted invasion of privacy would be certain medical issues. For example, a background investigation could reveal a child or other family member with a mental illness. While the regulation makes medical records confidential, an investigator would not require medical records to learn of a particular mental health issue.
Comment
How will confidential and nonconfidential folders be secured?
Response
The use of separate folders for confidential and nonconfidential information is modeled on PUC administrative procedures. Storage and access issues will be addressed when the physical offices of the Board are fully equipped and operational.
Comment
Does a company have to release its source code or other proprietary information to the Board?
Response
The Board does not anticipate collecting information regarding source codes. However, the Board is authorized to do so if necessary to enforce the act. If the need arose to collect source codes, they would be treated as proprietary information.
Comment
Request to amend the definition of controlling interest to be ''a holder of a majority of the securities.''
Response
The definition of ''controlling interest'' in Act 71 includes a person who holds security in a privately held corporation. This statutory provision cannot be altered in regulation. However, the definition allows a person to rebut the presumption of control by clear and convincing evidence.
Comment
Request to amend definition of ''controlling interest'' to exclude institutional investors of publicly held companies.
Response
The Board should retain the ability to qualify institutional investors. Section 1313 of Act 71 allows the Board to waive qualification requirements for institutional investors. An applicant or licensee could petition the Board for a waiver. However, the authority to qualify may be needed in certain instances, such as when there is a financial investigation of financial wrongdoing by the SEC. The Board is willing to add additional language to clarify the ability to obtain a waiver.
Comment
What is an example of personal property?
Response
Examples of personal property would be a car, appliances, jewelry or other items given to patrons.
Comment
Clarify the definition of key employee for manufacturers.
Response
The Board agrees to review the definition of ''key employee'' as it applies to a manufacturer to determine if it can be modified to include only those individuals who will be present on the gaming floor as part of their employment.
Comment
Request to narrow the definition of ''key employee qualifier,'' particularly for manufacturers because of the time and expense necessary to perform a background investigation and to license each qualifier.
Response
The Board agrees to review the definition of ''key employee qualifier'' to determine if it can be modified to include only those individuals with direct control over gaming operations.
Comment
Definition of slot machine is too broad and would include skeeball and toy crane machines.
Response
The definition of ''slot machine'' comes directly from the statute. The Board believes that the definition does not include the previously mentioned games.
Comment
Add a definition of ''cash equivalents.''
Response
The Board will review the need for a definition of ''cash equivalents.''
Comment
Consider Michigan rules of construction.
Response
Pennsylvania has its own Statutory Construction Act and case law which the Board will rely upon.
Comment
Consider addition of definition of ''weapons in a gaming area'' as provided in Michigan law.
Response
The Board will review the Michigan provision.
Chapter 403. Board Operations and Organization
§ 403.1 Participation at meetings and voting.
Comment
A member should have no interest in a license in order to vote on it.
Response
Section 1202(f)(3) of the statute requires a Board member to disclose the nature of a disqualifying interest, financial or otherwise, and to abstain from voting on the issue relating to the disqualifying interest. The Board will review the provisions of section 403.1(c) relating to member abstention to ensure that it adequately reflects the requirements of section 1202.
§ 403.2 Meetings.
Comment
Request for inclusion of meeting locations and agenda on the Board's Internet website. A similar request has been made with regard to minutes and annual reports.
Response
The Board has been posting meeting times and locations on its Internet website and would anticipate continuation of this practice. The Board will review the potential inclusion of annual reports and minutes on the site.
Chapter 407. Public Access to Board Records
§ 407.1 Case files.
Comment
Request the prohibition of access to personal information of key employees and key employee qualifiers.
Response
Personal information is included in the definition of ''confidential information.'' Therefore, release of this information is prohibited by the current regulation.
However, the Board will continue to review the provisions relating to confidential information to ensure that it protects personal and proprietary information.
Comment
Request for clarification of how the Board will determine if information is confidential and how such determinations will be appealed.
Response
The Board agrees to review further clarification of the issue. The process to appeal determinations relating to confidentiality will be similar to procedures used in other Commonwealth agencies. An applicant, licensee or other party could petition the Board to reverse a determination relating to the confidentiality of a document.
Comment
Will the full record be in the confidential file and a redacted form in the non-confidential file?
Response
It is anticipated that some documents may require redaction. This will be decided on a case by case basis.
Chapter 421. General Provisions
§ 421.2. Licenses and permits (formerly Licensed entities).
Comment
Consider the issuance of temporary licenses for key employees and key employee qualifiers.
Response
The Board will consider the issuance of temporary employee licenses.
§ 421.3 Disqualification criteria.
Comment
Requests that the disqualification of a license only for a material violation of the act.
Response
The Board declines to accept this recommendation. Section 421.3 includes various enforcement tools available to the Board, including disqualification of an individual and the denial, suspension or revocation of a license. The Board believes it should retain broad discretion to utilize these enforcement measures in a way that fairly addresses the violation in question. For example, the Board may decide to suspend a license for a brief period of time for certain nonmaterial violations if necessary to ensure compliance with the act.
Chapter 423. Applications
§ 423.1. General requirements.
Comment
Requests the modification of the English translation requirement for documents submitted to the Board to only require the translation of documents specifically requested by the Board.
Response
The Board will consider the inclusion of a waiver provision which would allow the applicant or licensee to request a waiver of the translation requirement from the Board. However, the Board believes the general rule should be the requirement of English translations to ensure the enforcement of the act.
Comment
Request change in reference from ''financial stability'' to ''financial fitness.''
Response
The Board agrees and has amended the regulations to reflect this change.
Comment
Section 423.1(h) appears to provide immunity to Board contractors who provide background investigations.
Response
The Board accepts this recommendation and has amended the regulations to reflect this change.
§ 423.2 Application processing.
Comment
Request to remove the requirement [in § 423.2(b)] of submission of a handwriting exemplar as a condition of the application process.
Response
The Board declines to accept this suggestion because the Board believes that this tool enhances the existing statutory provision for the investigatory process, furthers the Board's enforcement capabilities and should be applicable to manufacturer applicants as well.
Comment
Request that ''tax clearance review'' in § 423.2(a)(5) be amended to ''tax lien certificate,'' consistent with the language of the statute. Commentators expressed concern that a tax clearance requires over one year to complete.
Response
The Board accepts this recommendation in part, but not for the reason asserted. It has amended the term to be consistent with the statutory language but has chosen to retain the term ''clearance.'' The term ''clearance'' is more encompassing and would include delinquencies where no lien has been filed. Non-filed tax periods would be an example. Accordingly the proposed term is replaced with ''tax clearance and lien review.'' Further, the Department of Revenue has given its assurances to the Board that the tax clearance and lien review will be performed in an efficient and timely manner.
Comment
[Section 423.2(a)] Request the Board to require that all information collected by the Board during the application process, including the information prescribed by section 423.2(a), be placed into the evidentiary record of the application proceeding and served upon the applicant.
Response
The Board accepts this recommendation and has added language to the regulations that pertains to the evidentiary record of the applicant and that such information shall be served upon the applicant.
§ 423.3 License issuance.
Comment
[Section 423.3(a)(1)]
(1) The diversity requirements should not apply to manufacturers.
(2) The NJCC Act and regulations promulgated thereunder had requirements for diversity plans and goals. The USDC for the District of New Jersey found that the regulations of the NJCCC governing diversity goals and plans violated the Equal Protection Clause of the Fourteenth Amendment to the US Constitution and permanently enjoined the NJCCC from enforcing a licensee's Equal Employment and Business Opportunity Plan.
(3) Does this mean that applicants would have to establish a plan to bring in minority or women in an ownership position in our company, and is minority or women ownership mandated as a requirement for licensing?
Response
The Board declines to accept these interpretations of the statutory provisions regarding diversity compliance. Further, the Board disagrees with the legal conclusions made by the commentators. Pursuant to section 1325(b), the Board is authorized to ensure that ''all persons are accorded equality of opportunity in employment and contracting.'' This language pertains to all entities licensed by the Board, including licensed manufacturers and suppliers. There is no specific exclusion of any entity licensed by the Board. The diversity plan pertains to employment and business transactions. The Board is authorized to ensure diversity by promulgating regulations that require licensees to comply with diversity provisions. The diversity component in the licensing regulations requires applicants to establish a diversity plan as a prerequisite to license issuance. This requirement is distinguishable from the New Jersey regulations as it does not make any numerical or quota-like mandates and therefore does not raise similar constitutional concerns.
The diversity requirements are within the general goal and intent of the legislature, which is to encourage diversity throughout every aspect of gaming. The regulations allow the Board to review and monitor each applicant's diversity plan on a case by case basis in order to evaluate the individual needs of each applicant. The Board has amended this provision to allow applicants to submit a diversity plan upon filing an application or certify that a diversity plan will be submitted within 30 days of filing the application.
Comment
The issue regarding the development and implementation of a Diversity Program should include a requirement that manufacturers be compliant with federal law regarding equal opportunity.
Response
The Board has not amended the regulations in response to this comment because it believes that the statute and the Board's regulations in no way interfere with the application of federal law in this area.
§ 423.5 Application withdrawal.
Comment
Requiring Board approval to withdraw an application is not respectful of the individual rights of applicants. Certain applicants may not understand the rigorous nature of the application process and may not want to subject themselves or their families to intense public scrutiny.
Response
The Board declines to accept this recommendation. It is the standard practice of most state gaming agencies to promulgate regulations pertaining to an application withdrawal procedure. The Board has found from researching other jurisdictions that there are valid enforcement reasons for requiring Board approval of application withdrawals.
Chapter 427. Manufacturer Licenses
§ 427.1 Manufacturer license requirements.
Comment
[Section 427.1(a)] should be amended to include the terms ''slot machines'' and ''associated equipment.''
Response
The Board accepts this recommendation and has amended the language of this section.
§ 427.2 Manufacturer licensing standards and application.
Comment
The definition of key employee qualifier is too broad and will preclude small businesses in Pennsylvania from participating as manufacturers. The Board should add a waiver provision that allows the Board to waive the key employee qualifier licensing requirements for institutional investors and certain officers and directors, similar to the New Jersey Casino Control Commission regulatory provisions.
Response
The Board accepts this recommendation and has added waiver language to § 435.3(g) of the regulations, pertaining to the key employee qualifier license. Such language could narrow the potential number of key employee qualifiers that are required to be licensed by the Board.
Comment
The deposit of $5,000 per application for each key employee qualifier is excessive and exceeds similar fees in other states.
Response
The Board declines to accept this recommendation. In determining the proper amount of the deposit accompanying each key employee qualifier application, the Board inquired into other jurisdictions as to the actual costs associated with such background investigations. This amount is based on the recommendation of jurisdictions and a projection of the average costs associated with these types of investigations. The Board may revisit this issue as the Board continues to collect data relevant to this issue on an ongoing basis.
Comment
The Board is not investigating a crime and therefore the applicant should not have to consent to ''search and seizure.''
Response
The Board declines to accept this recommendation. In section 1331(a)(2) of the act, the licensee is required to consent to ''searches and seizures'' as a duty associated with licensure. Accordingly an applicant for licensure must agree to comply with this duty as well. Further this consent is consistent with other states' requirements of licensure and Pennsylvania law governing regulatory agency licensing powers.
Comment
[In subsection (b)] insert the words ''copies of'' between the words ''of'' and ''financial'' in the second line.
Response
The Board accepts this recommendation and has amended the regulations to reflect this change.
Comment
The requirement [in subsection (b)] that the manufacturer must provide books, records, documentation to attest to ''the integrity of all financial backers, investors, bondholders, etc.,'' is too difficult and should be limited to those investors holding a controlling interest of greater than 5% interest in the manufacturer, which do not otherwise fall within the definition of an institutional investor.
Response
The Board declines to accept this recommendation as the Board believes that this requirement is necessary to further the integrity of gaming in this Commonwealth.
Comment
The regulation should clarify that the tax clearance and unemployment compensation tax review performed by the Department only applies to applicants filing returns with or having employees in the Commonwealth.
Response
The Board declines to accept this recommendation. The tax lien and clearance review performed by the Department applies to all applicants. If the applicant does not have any employees in the Commonwealth, the review will confirm this fact and demonstrate that the applicant has no outstanding taxes in this Commonwealth.
Comment
[Subsection (d)] eliminates the right to appeal contained in section 12 of the PA Gaming Act, and therefore, is beyond the powers authorized by the Act and likely unconstitutional.
Response
The Board disagrees with this legal conclusion. This section is consistent with section 1308(c) of the act. The Board has chosen to remove this section from the regulations as it believes that the statute speaks for itself.
§ 427.3 Alternative manufacturer licensing standards.
Comment
The Board has to determine that the licensing standard of another jurisdiction is similar for the alternative licensing process. As the Board during the best practices analysis reviewed the licensing requirements of a number of jurisdictions, the Board has likely determined that certain licensing standards are similar. The regulation should state that licenses issued by Nevada, New Jersey, Mississippi and licenses or approvals from the Department of Revenue in connection with services to be provided pursuant to the Act are similar, as well as other licenses as determined by the Board.
Response
The Board declines to accept this recommendation. While the Board agrees that certain states share similar regulatory requirements for licensees, the Board will not include within this regulation a list of the acceptable jurisdictions. Regulatory requirements of various jurisdictions are subject to change and alteration year to year and thus the Board must retain the authority to review the licensing standards of various jurisdictions and to deem the licensing standards of a particular jurisdiction acceptable.
Comment
The Board should limit administrative or enforcement actions to those that are ''material'' as well.
Response
The Board has amended the language of this provision to allow the applicant who has a pending administrative action existing in another jurisdiction to adequately disclose and explain the action to the satisfaction of the Board.
Chapter 433. License Renewal
§ 433.1 Renewal of manufacturer and supplier license.
Comment
If the Board has a limited renewal form that only requires the licensee to update changes from the previous application, this requirement is not burdensome. As a recommendation, we ask that this be clarified in the regulation, so an entire new application is not required each year. Since updated applications can become unmanageable over time, the Board may wish to consider requiring the submission of a new, completed corporate application form every five years (but not key employee qualifiers).
Response
It is the intent of the Board to have a limited renewal application form that would not be as comprehensive as the entire application form. However, at its discretion, the Board may require periodic filing of a full application by the applicant upon the occurrence of significant events.
Comment
Would it be possible to issue an initial two-year supplier's license and then have annual renewals thereafter?
Response
The Board declines to accept this recommendation. Pursuant to section 1326(a) of the act, all permits and licenses are subject to renewal on an annual basis.
Chapter 435. Employees
§ 435.1 General provisions.
Comment
Should this section include a statement that § 435.1 pertains to employee licenses and permits?
Response
The Board accepts this recommendation and has amended the regulations to reflect this change.
Comment
In subsection (f), is the Board suggesting that manufacturers with offices and employees located and working internationally must all have U. S. work authorizations, notwithstanding such employee may not work in the U. S.? This requirement is too far reaching and should be limited to such employees regularly performing work on behalf of the manufacturer in the U. S. who are required to have work visas.
Response
The Board accepts this recommendation and has amended the regulations to limit the work authorization requirements to those employees located in this Commonwealth.
Comment
In subsection (g), the term ''in consideration for'' is certainly ambiguous. Is it a ''reward'' to transport a member of the PGCB or an employee thereof to view an applicant's manufacturing facility? Is it intended that, under such cases, the member or employee would have to require that the Board pay for such a trip and the Board would then bill the applicant for the trip?
Response
The Board has amended this section to read ''in consideration or in exchange for obtaining a license . . . .'' This section is intended to prohibit the possibility of impropriety or the appearance of impropriety.
§ 435.2 Key employee qualifier license.
Comment
Please provide detail on the photograph requirement in subsection (b)(14). Must an applicant be physically present at a location in PA in order to meet this requirement?
Response
The Board acknowledges that applicants need not be photographed in Pennsylvania. The Board has amended the regulations to reflect this change in § 435.2(b)(20).
Comment
In subsection (b)(15), can you clarify that fingerprint cards do not need to be administered in the Commonwealth, but must be administered through either a law enforcement agency or person holding the proper certification and credentials to administer fingerprints?
Response
The Board accepts this recommendation and has amended the regulations to reflect this change in § 435.2(b)(21).
Comment
Subsection (b) should be clarified to indicate if the information in this section is for a supplemental form or is part of the multi-jurisdictional form.
Response
The Board declines to accept this recommendation as the language of the regulation sufficiently distinguishes this license application from the Multi-jurisdictional Personal History Disclosure Form.
§ 435.3 Key employee license.
Comment
Subsection (a) refers to ''key employees as defined by the act.'' However, generally in the act, ''key employee'' refers to an employee of a slot machine licensee. This section of the draft regulations applies to slot machine licenses, manufacturer licenses and supplier licensees. Please clarify this point.
Response
Under section 1202 of the act, the Board has broad discretionary power to license individuals or entities associated with gaming. The Board has determined that the key employee license requirement shall apply to slot machine licensees, manufacturer licensees and supplier licensees. The Board believes that this is an appropriate level of investigation for employees in these positions at each of the licensed entities. As way of further response, key employees are referenced in section 1317(b)(2) of the act, which pertains to suppliers and manufacturers. Accordingly the Board's inclusion of key employee licensing for manufacturers and suppliers is consistent with the intent of the act. The Board has amended this section to provide for a waiver of certain employees whose duties are not assigned to this Commonwealth.
Comment
In subsection (c), a law enforcement letter of reference is not something that is typically issued.
Response
The requirement of a ''letter of reference'' from a law enforcement agency is consistent with application requirements for casino licenses in other jurisdictions. As way of further response, this provision is consistent with section 1310(b) of the act which provides for an alternative means of meeting this requirement if no letter is issued from the law enforcement agency.
§ 435.4 Occupation permit.
Comment
Recommendation to add the following language to subsection (a): An individual employed by a slot machine licensee, ''a manufacturer licensee,'' a supplier licensee, or a gaming employee as defined under section 1103 of the act and § 401.4 must apply for and receive an occupation permit from the Board.
Response
The Board declines to accept this recommendation as it is inconsistent with the definition of ''gaming employee.'' However, because the Board has amended the regulations to permit employees of manufacturers who are exempted from the supplier requirement, the Board has also amended this section to require these employees to be permitted.
Chapter 451. Licensee Recordkeeping Requirements
§ 451.1 Recordkeeping generally.
Comment
This chapter does not address the method or form by which licensees must keep required records. The Board should specify that records may be kept by any available method or means, including paper, magnetic and electronic.
Response
The Board declines to accept this recommendation as there is nothing in the language of this regulation precluding a licensee from keeping records electronically. The Board's primary concern is that the records are secure from theft, loss or destruction.
Comment
Add ''general accounting records'' to the list of required records.
Response
The Board accepts this recommendation and has amended the regulations to reflect this change.
Comment
In subsection (a)(3), the requirement that all promotional material and advertising be maintained is extremely broad and could be needlessly burdensome.
Response
The Board declines to accept this recommendation as the Board believes these materials are legally relevant and should be retained.
Comment
The Board should specify the matters it wishes the employer to retain in a personnel file in subsection (a)(4).
Response
The Board declines to accept this recommendation. The Board seeks to have the licensees retain a personnel file for each employee for the purpose of monitoring employee licenses and permits. The contents of the file will not be prescribed by the Board.
Comment
The Board should define ''sales representative'' in subsection (a)(4).
Response
The Board has stricken the term sales representative from this subsection as it is captured by the reference to each employee of the licensee in this subsection.
Chapter 461. Slot Machine Testing and Certification Requirements
§ 461.1 Protocol requirements.
Comment
It would expedite implementation of gaming to perform the necessary protocol testing of a few control monitoring systems with the central control system to ensure the required information is being properly communicated rather than testing the protocol and reporting of each and every machine model with the central control system. Any hardware or software modification to a slot machine model would require testing with the central control computer that could result in slowing entry of new products into the Commonwealth.
Response
The Department of Revenue is in the process of developing a protocol for the central control computer system. The Board is reviewing the practices of other jurisdictions and feasibility of testing large numbers of slot machines. The Board will consider these recommendations in its consultations with the Department of Revenue.
Comment
This section should address a substantive protocol requirement as required in section 1323(a)(2) of the Act.
Response
At a future point in time, the Board intends to accept public comment from manufacturers regarding protocol regulations, as required in section 1324 of the Act. The Board is aware of the need to promulgate regulations in this area.
§ 461.2 Testing and certification generally.
Comment
Would associated equipment also be required to be tested and certified through an independent lab?
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