PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CH. 441]
Temporary Regulations; Employee Status Report and Notice of Employee Misconduct and Offenses
[36 Pa.B. 3952]
[Saturday, July 22, 2006]The Pennsylvania Gaming Control Board (Board), under 4 Pa.C.S. § 1203(a) (relating to temporary regulations), 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). Sections 441.21 and 441.22, entitled employee status report and notice of employee misconduct and offenses, are added to Chapter 441, entitled slot machine licenses, under Subpart C, entitled slot machine licensing.
Purpose and Background
Under 4 Pa.C.S. § 1203(a), the Board is authorized to promulgate temporary regulations to facilitate the prompt implementation of Act 71. The regulations are necessary to enhance the credibility of the licensed operation of slot machines and associated equipment within this Commonwealth and to carry out the policy and purposes of the Board. To invite public input, the Board published draft regulations on the Board's website and 5-day public comment period was provided.
Under 4 Pa.C.S. § 1203(b), the temporary regulations adopted by the Board expire no later than 3 years following the effective date of Act 71 or upon promulgation of regulations as generally provided by the law. These temporary regulations shall not be subject to sections 201--205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1208), known as the Commonwealth Documents Law (CDL), or to the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Financial Impact
Act 71 and the regulations will provide for the implementation and management of gaming within this Commonwealth and the collection of fees and taxes from entities and individuals authorized by the Board to be employed by, provide gaming related services to or operate gaming facilities. The appropriations from the Commonwealth for the implementation of Act 71 and costs of administering 4 Pa.C.S. Part II will be reimbursed by the licensed entities as specified within Act 71. Individuals and entities that wish to obtain licenses as gaming entities shall pay to the Gaming Fund significant licensing fees to obtain the authority to do business within this Commonwealth. Part of these fees shall reimburse the Board and the Pennsylvania State Police for licensing processes and background investigations. The licensing, registration, certification and permitting of individuals and other classes of applicants will be reimbursed by the applicants through fees established by the Board. It is anticipated that all expenses of the Board and all associated activities shall be reimbursed by the applicants and gaming entities as previously specified. The Board shall have no financial impact on the State budget.
Statutory Authority
The Board is authorized under 4 Pa.C.S. § 1203(a) to adopt and publish temporary regulations to implement the policies and purposes of Act 71.
Regulatory Review
Under 4 Pa.C.S. § 1203(b), the Board's authority to adopt temporary regulations expires 2 years from the effective date of Act 71.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1203(a), the temporary regulations are exempt from the requirements of the Regulatory Review Act and sections 201--205 of the CDL.
(2) A 5-day public comment period was held prior to the adoption of the temporary regulations.
(3) The adoption of the temporary regulations provided by this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Board, acting under the authorizing statute, orders that:
(a) The Board, acting under the authority of Act 71, adopts as its final-form temporary regulations, the draft regulations as amended by resolution at the June 28, 2006, public meeting. The temporary regulations pertain to employee status report and notice of employee misconduct and offenses.
(b) The temporary regulations of the Board, 58 Pa. Code Chapter 441, are amended by adding §§ 441.21 and 441.22 to read as set forth in Annex A.
(c) The temporary regulations are effective June 28, 2006.
(d) The temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The temporary regulations shall be subject to amendment as deemed necessary by the Board in accordance with the purpose of Act 71 and to further the intent of Act 71.
(f) The Chairperson of the Board shall certify this order and deposit the regulations with the Legislative Reference Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-41. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart C. SLOT MACHINE LICENSING
CHAPTER 441. SLOT MACHINE LICENSES § 441.21. Employee status report.
(a) Each slot machine licensee shall maintain a complete, accurate and current record of each employee that includes the information in subsection (b)(1)--(4).
(b) Each month each slot machine licensee shall generate a monthly employee status report for all slot machine licensee employees. The report shall be submitted to the Board's Bureau of Licensing no later than the 15th calendar day of the following month. The report must include the following information:
(1) An alphabetical listing of the individuals currently employed by the slot machine licensee and the following information with respect to each employee listed:
(i) The name of the employee.
(ii) The address of record of the employee on file with the slot machine licensee.
(iii) The employee's license, permit or registration number.
(iv) The employee's title or position.
(v) Whether the employee is full-time or part-time.
(vi) The date of hire of the employee.
(vii) The access code, if any, assigned to the employee, which designates the restricted areas that the employee is permitted to enter and remain in for the purposes of performing his normal duties.
(2) The total number of persons employed by the slot machine applicant or licensee during the preceding month.
(3) An alphabetical listing of all employees who have discontinued or terminated employment with the slot machine licensee during the preceding month and the following information with respect to each employee listed:
(i) The information listed in paragraph (1)(i)--(vii).
(ii) The date on which the employee discontinued or terminated employment with the slot machine licensee.
(iii) The employee's address of record.
(4) The total number of employees who have discontinued or terminated employment with the slot machine licensee during the preceding month.
(5) The date on which the information provided in the report was compiled.
(c) The reports shall be signed by the slot machine licensee and transmitted to the Board's Bureau of Licensing by means of electronic data transmission or in a form prescribed by the Board.
(d) The Board may, at its discretion, request interim employee status reports from a slot machine licensee.
§ 441.22. Notice of employee misconduct and offenses.
(a) A slot machine licensee is under a continuing obligation to notify the Board within 5 days of the termination of any employee, of any information surrounding the termination of the employee that could be cause for suspension or revocation of the employee's license, permit or registration or any enforcement action related thereto.
(b) The notice must include the following information:
(1) The employee's name.
(2) The address of record of each employee on file with the slot machine licensee.
(3) The employee's license, permit or registration number.
(4) The employee's title or position.
(5) A summary of the incident or misconduct by the employee, including any violations of this part or the act.
(6) The date of termination of the employee.
(7) The access code, if any, assigned to the employee, which designates the restricted areas that the employee is permitted to enter and remain in for the purposes of performing his normal duties.
(c) Notwithstanding subsection (a), a slot machine licensee is under a continuing obligation to immediately notify the Board upon learning of the charging, indictment or conviction of any of its affiliates, intermediaries, subsidiaries, holding companies, key employee qualifiers, key employees, permittees or registrants, for any of the following:
(1) An offense or violation under the act or this part.
(2) The willful and knowing violation or attempt to violate an order of the Board by an employee.
(3) An offense or violation of another applicable law which would otherwise disqualify the person from holding the license, permit or registration.
(4) An offense or violation of any criminal law or ordinance of the United States or the Commonwealth or a comparable offense or violation in other states or foreign jurisdictions.
[Pa.B. Doc. No. 06-1316. Filed for public inspection July 21, 2006, 9:00 a.m.]
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