PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 405a, 421a, 433a AND 435a ]
Releases
[38 Pa.B. 2054]
[Saturday, May 3, 2008]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1311, 1311.1, 1311.2, 1317, 1317.1, 1318 and 1517, proposes to amend Chapters 405a, 421a, 433a and 435a to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
This proposed rulemaking is intended to implement the requirement that applicants for a principal or key employee license execute releases that will enable the Board to receive information under a request for information under the act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. §§ 66.1--66.4) and the Freedom of Information Act (5 U.S.C. § 552). It will also clarify that the Bureau of Investigations and Enforcement (Bureau) may request applicants for permits, certifications or registrations to also execute these releases.
Explanation of Amendments to Chapters 405a, 421a, 433a and 435a
Currently, as part of the application process, applicants for principal or key employee licenses are required to execute a number of releases that allow the Board to conduct an investigation of the applicant. These releases include items such as tax information from the Departments of Revenue and Labor and Industry, military records and information from past employers.
This proposed rulemaking amends the general language related to releases in Chapter 421a (relating to general provisions) to clarify that it includes releases that will enable the Board to receive information under a request for information under the Right-to-Know Law or the Freedom of Information Act in addition to the other releases required in the application.
The amendments to Chapters 433a and 435a (relating to prinicipal licenses; and employees) specifically require applicants for principal or key employee licenses to execute releases that will enable the Board to receive information under a request for information under the Right-to-Know Law or the Freedom of Information Act in addition to the other releases required in the application.
The amendments to Chapter 405a (relating to Bureau of Investigations and Enforcement) are intended to clarify that the Bureau may require applicants for permits, certification or registration to also execute a release that will enable the Bureau and Board to receive information under a request for information under the Right-to-Know Law or the Freedom of Information Act. The decision to require an applicant for a permit, certification or registration to execute a release will be made on a case by case basis depending on the nature of the job the applicant will be performing and results of the review of the other information provided in the individual's application.
Affected Parties
Applicants for a principal or key employee license will be required to execute releases that will enable the Board to receive information under a request for information under the Right-to-Know Law or the Freedom of Information Act. The Board receives approximately 700 to 800 principal and key employee applications annually.
Fiscal Impact
Commonwealth
Applicants are responsible for paying the costs associated with the review of their applications. Therefore, these amendments will have no fiscal impact on the Board or other agencies of the Commonwealth.
Political Subdivisions
This proposed rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.
Private Sector
Applicants who are required to execute these releases will be responsible for reimbursing the Board for any costs associated with the filing of the requests for information and time spent reviewing the information that is received.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork requirements
The Board is in the process of amending its existing applications to include the releases related to requests for information under the Right-to-Know Law or the Freedom of Information Act. These releases are not lengthy and should only take a few minutes for an applicant to complete.
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 #125-84.
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 (act) (71 P. S. § 745.5(a)), on April 21, 2008, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (Commission) 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 act, the Commission 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 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: 125-84. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart A. GENERAL PROVISIONS
CHAPTER 405a. BUREAU OF INVESTIGATIONS AND ENFORCEMENT § 405a.2. Information.
(a) An applicant for or holder of a license, permit, certification or registration shall provide all information, data and documents requested by the Bureau under section 1517(a) of the act (relating to enforcement). The Bureau may also request the execution of any releases which would enable the Bureau and the Board to receive information pursuant to a request for information under the act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. §§ 66.1--66.4) or the Freedom of Information Act (5 U.S.C. § 552).
* * * * *
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 421a. GENERAL PROVISIONS § 421a.1. General requirements.
* * * * * (c) By filing an application for a license, permit, certification or registration issuance, renewal or other approval from the Board, an applicant agrees to:
* * * * * (3) Execute all releases requested by the Board, including releases whereby the applicant consents to the release of information requested by an individual under the act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. §§ 66.1--66.4) or the Freedom of Information Act (5 U.S.C. § 552).
* * * * *
CHAPTER 433a. PRINCIPAL LICENSES § 433a.8. Principal applications.
(a) An individual required to be licensed as a principal, unless otherwise directed by the Board, shall file: [a completed Multi Jurisdictional Personal History Disclosure Form and the Pennsylvania Supplement to the Multi-Jurisdictional Personal History Disclosure Form and submit the applicable application fee posted on the Board's website (www.pgcb. state.pa.us). ]
(1) An original and three copies of a completed Multi-Jurisdictional Personal History Disclosure Form.
(2) An original and three copies of a completed Principal/Key Employee Form--Pennsylvania Supplement to the Multi-Jurisdictional Personal History Disclosure Form.
(3) Executed releases requested by the Board, including releases whereby the applicant consents to the release of information requested by an individual under the Right-to-Know Law or the Freedom of Information Act.
(4) The nonrefundable application fee posted on the Board's web site (www.pgcb.state.pa.us).
* * * * *
CHAPTER 435a. EMPLOYEES § 435a.2. Key employee license.
(a) An applicant for a key employee license from the Board, unless otherwise directed by the Board, shall submit:
(1) An original and three copies of [the] a completed [Multi-jurisdictional] Multi-Jurisdictional Personal History Disclosure Form [and the].
(2) An original and three copies of a completed Principal/Key Employee Form--Pennsylvania Supplement to the [Multi-jurisdictional] Multi-Jurisdictional Personal History Disclosure Form [unless otherwise directed by the Board].
(3) Executed releases requested by the Board, including releases whereby the applicant consents to the release of information requested by an individual under the act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. §§ 66.1--66.4) or the Freedom of Information Act (5 U.S.C. § 552).
(4) The nonrefundable application fee posted on the Board's [ website ] web site (pgcb.state.pa.us).
* * * * *
[Pa.B. Doc. No. 08-829. Filed for public inspection May 2, 2008, 9:00 a.m.]
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