RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 401, 403 AND 492]

Preliminary Provisions; Hearings and Appeals

[36 Pa.B. 7455]
[Saturday, December 9, 2006]

   Under the Pennsylvania Gaming Control Board's (Board) Resolution Nos. 2005-3 REG and 2006-4 REG, the Board has the authority to amend the temporary regulations adopted on June 16, 2005 and March 16, 2006 as it deems necessary in accordance with the purpose of 4 Pa.C.S. Part II (relating to gaming) and to further the intent of Act 71. To respond to statutory changes in the act of November 1, 2006 (P. L. 1243, No. 135) (Act 135), the Board has decided to make editorial changes to the temporary regulations, dated June 16, 2005, and March 16, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 16, 2005) and 36 Pa.B. 1578 (April 1, 2006).

   Therefore, the Board amends §§ 401.4 and 492.2 (relating to definitions) and adds § 403.7 (relating to licensed entity representative meetings). The amendments are effective as of November 21, 2006.

   The temporary regulations of the Board in Chapters 401 and 492 are amended by amending §§ 401.4 and 492.2 and adding § 403.7 to read as set forth in Annex A.

Order

   The Board, acting under the authorizing statute, orders that:

   (a)  The Board, acting under the authority of the Act 71, adopts the amendments to the temporary regulations adopted by resolution at the November 21, 2006, public meeting. The amendments to the temporary regulations pertain to definitions and hearings and appeals.

   (b)  The temporary regulations of the Board, 58 Pa. Code, Chapters 401, 403 and 492, are amended by amending §§ 401.1 and 492.2 and by adding § 403.7 to read as set forth in Annex A, with ellipses referring to the existing text of the temporary regulations.

   (c)  The amendments are effective November 21, 2006.

   (d)  The amendments to the temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.

   (e)  The Chairperson of the Board shall certify this order and deposit the amendments to the temporary regulations with the Legislative Reference Bureau as required by law.

THOMAS A. DECKER,   
Chairperson

   Fiscal Note: 125-51. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart A. GENERAL PROVISIONS

CHAPTER 401. PRELIMINARY PROVISIONS

§ 401.4. Definitions.

   The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Ex parte communication--

   (i)  Any off-the-record communications regarding a pending matter before the Board or which may reasonably be expected to come before the Board in a contested on-the-record proceeding.

   (ii)  The term does not include off-the-record communications by and between members, staff and employees of the Board, Department of Revenue, Pennsylvania State Police, Attorney General or other law enforcement official necessary for their official duties under this part.

*      *      *      *      *

   Pending matter or contested on-the-record proceeding--

   (i)  A matter including the discretionary issuance, approval, renewal, conditioning, revocation, suspension or denial of any license or permit or any petitions or motions that would require Board consideration.

   (ii)  The term does not include a policy or administrative matter.

*      *      *      *      *

   Staff--An employee or an independent expert, including, but not limited to, attorneys, accountants, investment bankers, architects, engineers, scientific and technical consultants and licensed financial brokers retained by the Board.

*      *      *      *      *

CHAPTER 403. BOARD OPERATIONS AND ORGANIZATION

§ 403.7.  Licensed entity representative meetings.

   (a)  If a Board member conducts a meeting with a licensed entity representative under section 1201.1(c)(7) of the act (relating to code of conduct), the Board member will record the following in the log:

   (1)  The names of individuals with whom the Board member met.

   (2)  The date and time of the meeting.

   (b)  The Board member will include a memorandum of the content of the discussion in the log.

   (c)  The log will be available for public inspection.

Subpart H. PRACTICE AND PROCEDURE

CHAPTER 492. HEARINGS AND APPEALS

§ 492.2.  Definitions.

   The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Documentary hearing--A proceeding limited to a review of documentary evidence submitted by the parties, including documents, depositions, affidavits, interrogatories and transcripts.

   Exceptions--A formal objection to a report or recommendation of a presiding officer.

*      *      *      *      *

[Pa.B. Doc. No. 06-2410. Filed for public inspection December 8, 2006, 9:00 a.m.]

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