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PA Bulletin, Doc. No. 05-1590

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[58 PA. CODE CHS. 407 AND 423]

Amendments to Temporary Regulations

[35 Pa.B. 4828]

   Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2005-3 REG, entitled Adoption of Temporary Regulations, dated June 16, 2005, the Board has the authority to amend the temporary regulations, adopted on June 16, 2005, as it deems necessary in accordance with the purpose of the act of July 5, 2004 (P. L. 572, No. 71) (Act 71) and to further the intent of Act 71. Therefore, the Board has decided to make editorial changes to the temporary regulations, dated June 16, 2005, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 16, 2005).

   Therefore, the Board has deposited with the Bureau amendments to §§ 407.1, 423.2 and 423.4 (relating to case files; application processing; and incomplete applications). The amendments are effective as of August 17, 2005.

   (Editor's Note: The temporary regulations of the Board, 58 Pa. Code Chapters 407 and 423, are amended by amending §§ 407.1, 423.2 and 423.4 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.)

THOMAS A. DECKER,   
Chairperson

   Fiscal Note: 125-3. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart A. GENERAL PROVISIONS

CHAPTER 407. PUBLIC ACCESS TO BOARD RECORDS

§ 407.1. Case files.

   (a)  Records. Formal records in proceedings before the Board shall contain a file for nonconfidential records and a file for confidential records.

*      *      *      *      *

Subpart B. LICENSING, REGISTERING AND PERMITTING

CHAPTER 423. APPLICATIONS

§ 423.2. Application processing.

*      *      *      *      *

   (c)  An application submitted under this part and all information obtained by the Board relating to the application shall be part of the evidentiary record of the licensing proceeding. The Board's decision to issue or deny a license shall be based solely on the evidentiary record before the Board.

§ 423.4. Incomplete applications.

*      *      *      *      *

   (c)  Refusal to provide information as requested by the Board, the Bureau, its designees or agents or the Pennsylvania State Police shall result in the immediate denial of a license or permit.

[Pa.B. Doc. No. 05-1590. Filed for public inspection August 26, 2005, 9:00 a.m.]


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