RULES AND REGULATIONS
Title 58--RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 401 AND 425]
Licensed Entity Representatives
[37 Pa.B. 21]
[Saturday, January 6, 2007]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), as amended by the act of November 1, 2006 (P. L. 1243, No. 135) (Act 135). Chapter 425, entitled Licensed Entity Representatives, is added to Subpart B, entitled Licensing, Registering, Certifying and Permitting.
Additionally, under the Board's Resolution No. 2005-3- REG, 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 Act 71 and to further the intent of Act 71. To respond to statutory changes in Act 135, the Board has decided to make editorial changes to the temporary regulation dated June 16, 2005, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 16, 2005).
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 establish the procedures for the registration of licensed entity representatives.
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 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--1208), known as the Commonwealth Documents Law (CDL) or the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Financial Impact
Act 71 and the regulations 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 the expenses of the Board and associated activities shall be reimbursed by the applicants and gaming entities as previously specified. Accordingly, this temporary regulation will 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 on April 15, 2007.
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) 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 the Act 71 adopts the temporary regulation and the amendment to the temporary regulation adopted by resolution at the December 13, 2006, public meeting. The temporary regulation and amendment pertain to definitions and registration of licensed entity representatives.
(b) The regulations of the Board, 58 Pa. Code Chapters 401 and 451, are amended by adding § 425.1 and by amending § 401.4 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.
(c) The temporary regulation and the amendment are effective December 13, 2006.
(d) The temporary regulation and amendment will be posted on the Board's website and published in the Pennsylvania Bulletin.
(e) The temporary regulation 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 temporary regulation and amendment with the Legislative Reference Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-58. 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:
* * * * * Licensed entity representative--A person acting on behalf of or representing the interest of an applicant, licensee, permittee or registrant, including an attorney, agent or lobbyist regarding any matter which may reasonably be expected to come before the Board.
* * * * *
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 425. LICENSED ENTITY REPRESENTATIVES Sec.
425.1. Registration. § 425.1. Registration.
(a) A licensed entity representative shall file a completed Licensed Entity Registration Form with the Board, which includes the individual's name, employer or firm, address, telephone number and the licensed entity being represented.
(b) A licensed entity representative shall be required to update its registration information on an ongoing basis.
(c) The Board will maintain a list of licensed entity representatives. The registration list will be available for public inspection at the offices of the Board and on the Board's Internet website.
[Pa.B. Doc. No. 07-7. Filed for public inspection January 5, 2007, 9:00 a.m.]
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