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PA Bulletin, Doc. No. 06-2513

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[58 PA. CODE CH. 492]

Hearings and Appeals

[36 Pa.B. 7862]
[Saturday, December 23, 2006]

   Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2006-4 REG, the Board has the authority to amend the temporary regulations adopted on March 16, 2006, as it deems necessary in accordance with the purpose of 4 Pa.C.S. Part II (relating to gaming) (Act 71) and to further the intent of Act 71. The Board has decided to make changes to the temporary regulations, dated March 16, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 36 Pa.B. 1578 (April 1, 2006).

   Therefore, the Board has deposited with the Bureau amendment to Chapter 492. The amendment is effective as of December 4, 2006.

   The temporary regulation of the Board in Chapter 492 are amended by amending § 492.6(a) and (j) (relating to hearings generally) to read as set forth in Annex A.

Order

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

   (a)  Acting under the authority of the Act 71, the amendment to the temporary regulations adopted by resolution at the December 4, 2006, public meeting are adopted. The amendment to the temporary regulations pertains to hearings and appeals.

   (b)  The temporary regulations of the Board, 58 Pa. Code Chapter 492, are amended by amending § 492.6 to read as set forth in Annex A, with ellipses referring to the existing regulation.

   (c)  The amendment is effective December 4, 2006.

   (d)  The amendment to the temporary regulations shall be posted in its 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 amendment to the temporary regulations with the Bureau as required by law.

THOMAS A. DECKER,   
Chairperson

   Fiscal Note: 125-55. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart H. PRACTICE AND PROCEDURE

CHAPTER 492. HEARINGS AND APPEALS

§ 492.6.  Hearings generally.

   (a)  Unless the Board elects to hear a matter directly, all matters, except for hearings under § 441.19 (relating to licensing hearings for slot machine licenses), shall be assigned to the OHA. The Board may, in its discretion, designate a member of the Board, or other qualified person to serve as presiding officer in a particular matter.

*      *      *      *      *

   (j)  Hearings will be scheduled by the OHA, except for hearings under § 441.19 (relating to licensing hearings for slot machine licenses) which will be scheduled as the Board may direct. Hearings for violations of the act will be scheduled within 90 days of the initiation of action by the Bureau.

*      *      *      *      *

[Pa.B. Doc. No. 06-2513. Filed for public inspection December 22, 2006, 9:00 a.m.]


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