PROPOSED RULEMAKING
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CH. 437a ]
Vendor Certification and Registration
[37 Pa.B. 6420]
[Saturday, December 8, 2007]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. §§ 1202(b)(30) and 1321 (relating to general and specific powers; and additional licenses and permits and approval of agreements) proposes to amend Chapter 437a (relating to vendor certification and registration) to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
These amendments modify provisions related to registration of vendors and clarify the procedures for requesting permission to conduct business prior to certification or registration.
Explanation of Amendments to Chapter 437a
Currently, applications for certification or registration of vendors must be submitted by an applicant for or holder of a slot machine license. These amendments will give an applicant for registration as a vendor the option to file his applications directly with the Board. This will simplify the application process and is expected to increase the number of registered vendors on the Board's approved vendor list. Because slot machine applicants and licensees may use any vendor on the Board's approved list, this will increase the vendors' opportunities to provide services and give slot machine applicants and licensees more vendors to choose from.
In § 437a.4 (relating to individual certification and investigations) minor revisions have been made to clarify who will be required to file for certification.
Additionally, several references to forms have been updated throughout the chapter to reflect the current names of the applicable forms.
Affected Parties
Slot machine applicants and licensees and applicants for vendor registration will benefit from having another option for applying for registration as a vendor.
There are currently 11 slot machine licensees, 4 applicants for slot machine licenses and 168 registered vendors.
Fiscal Impact
Commonwealth
There will be no new costs to the Board or other Commonwealth agencies as a result of this proposed rulemaking. Because the application for a vendor registration will no longer require a Slot Machine Licensee/Applicant's Verification Form, there will be some savings to the Board related to review of vendor registration applications submitted directly by vendors.
Political Subdivisions
This proposed rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.
Private Sector
The Board anticipates that there may be some small direct savings to slot machine applicants and licensees and to applicants for vendor registrations as a result of having another option for applying for registration as a vendor.
Because the Board anticipates an increase in the number of vendors, slot machine applicants and licensees may benefit from increased competition for their business.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork Requirements
The proposed amendments eliminate the need for a Slot Machine Licensee/Applicant's Verification Form as part of the vendor registration application when the vendor applies directly.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking, within 30 days after the date of publication in the Pennsylvania Bulletin to Paul Resch, Secretary, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-74.
Contact Person
The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review at (717) 214-8111.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 28, 2007, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The RegulatoryReview Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
MARY DIGIACOMO COLINS,
ChairpersonFiscal Note: 125-74. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION
CHAPTER 437a. VENDOR CERTIFICATION AND REGISTRATION § 437a.2. Vendor registration applications.
(a) A vender seeking registration shall [complete and the slot machine applicant or licensee for whom the vendor will provide goods or services shall submit an original and four copies of a Vendor Registration Form unless otherwise directed by the Board.] do one of the following:
(1) Complete an original and four copies of a Vendor Registration Form--Sponsored. The original and copies and the fee toward the cost of the investigation of the applicant posted on the Board's website (www.pgcb.state.pa.us) shall be submitted to the Bureau of Licensing by the slot machine applicant or licensee for whom the vendor will provide goods or services unless otherwise directed by the Board.
(2) Complete an original and four copies of a Vendor Registration Form--Unsponsored. The original and copies and the fee toward the cost of the investigation of the applicant posted on the Board's website (www.pgcb.state.pa.us) shall be submitted to the Bureau of Licensing by the vendor unless otherwise directed by the Board.
* * * * * § 437a.3. Vendor certifications applications.
(a) A vendor seeking certification shall complete and the slot machine applicant or licensee for whom the vendor will provide goods or services shall submit:
(1) An original and four copies of a Vendor Certification Application and Disclosure Information Form unless otherwise directed by the Board.
* * * * * § 437a.4. Individual certifications and investigations.
(a) If a certified vendor or vendor seeking certification is a publicly traded company or a subsidiary of a publicly traded company, the [officer] officers of the [publicly traded company] certified vendor or vendor seeking certification who [is] are responsible for the conduct of business with the slot machine applicant or licensee shall be required to apply for certification by filing a Pennsylvania Personal History Disclosure Form with the Board.
(b) If a certified vendor or vendor seeking certification is [a privately held entity] not a publicly traded company or a subsidiary of a publicly traded company, each officer and director of the entity shall be required to apply for certification by filing a Pennsylvania Personal History Disclosure Form with the Board. For the purposes of this subsection, the term ''officer'' means a president, chief executive officer, a chief financial officer and a chief operating officer, and any person routinely performing corresponding functions with respect to an organization whether incorporated or unincorporated.
* * * * * § 437a.5. Construction subcontractors.
(a) A construction subcontractor who is otherwise required to be certified or registered may elect to file an On-site Subordinate [Vendor] Pre-Opening Construction Notification Form with the Board in lieu of registration or certification if:
* * * * * § 437a.9. Permission to conduct business prior to certification or registration.
(a) Notwithstanding § 437a.1 (relating to general vendor requirements), the Board may allow an applicant for a vendor certification or registration to conduct business with a slot machine applicant or licensee prior to the certification or registration of the vendor applicant if the following criteria are met:
(1) A completed Vendor Registration Form--Unsponsored has been filed by the vendor, a completed Vendor Registration Form--Sponsored has been filed by the slot machine applicant or licensee or a completed Vendor Certification Application and Disclosure Information Form has been filed by the slot machine applicant or licensee in accordance with § 437a.2 or § 437a.3 (relating to vendor registration applications; and vendor certification applications).
* * * * * § 437a.10. Emergency vendor.
* * * * * (b) When using a vendor that is not registered or certified to respond to an emergency, the slot machine applicant or licensee shall:
(1) File a Vendor Emergency Notification Form with the Board within 72 hours of the vendor's commencement of services.
* * * * *
[Pa.B. Doc. No. 07-2206. Filed for public inspection December 7, 2007, 9:00 a.m.]
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