Title 58--RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 401, 405, 421, 441, 494
AND 499]
Temporary Regulations; Licensing
[36 Pa.B. 2899]
[Saturday, June 10, 2006]Under the Pennsylvania Gaming Control Board's (Board) Resolution Nos. 2005-3 REG, 2005-4 REG, 2005-5 REG and 2006-4 REG, the Board has the authority to amend the temporary regulations adopted on June 16, 2005, July 21, 2005, September 28, 2005, and March 16, 2006, as it deems necessary in accordance with the purpose of the act of July 5, 2004 (P. L. 572, No. 71) (Act 71) and to further the intent of Act 71. Accordingly, the Board has decided to make editorial changes to the temporary regulations, dated June 16, 2005, July 21, 2005, September 28, 2005, and March 16, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 16, 2005), 35 Pa.B. 4543 (August 6, 2005), 35 Pa.B. 6407 (November 19, 2005) and 36 Pa.B. 1578 (April 1, 2006).
Therefore, the Board has deposited with the Bureau amendments to §§ 401.4, 401.5, 405.2, 421.1, 421.3, 441.4, 494.1 and 499.1. The amendments are effective as of May 19, 2006.
The temporary regulations of the Board in Chapters 401, 405, 421, 441, 494 and 499 are amended by amending §§ 401.4, 401.5, 405.2, 421.1, 421.3, 441.4, 494.1 and 499.1 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
Order
The Board, acting under the authorizing statute, orders that:
(a) The Board, acting under the authority of Act 71, adopts the amendments to the temporary regulations adopted by resolution at the May 19, 2006, public meeting. The amendments to the temporary regulations pertain to definitions, the Bureau of Investigations and Enforcement, general licensing requirements, slot machine license application requirements and hearings and appeals.
(b) The following temporary regulations of the Board, 58 Pa. Code, Chapters 401, 405, 421, 441, 494 and 499, are amended: §§ 401.4, 401.5, 405.2, 421.1, 421.3, 441.4, 494.1 and 499.1 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(c) The amendments are effective May 19, 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,
ChairpersonFiscal Note: 125-23. 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:
* * * * * Gaming area or gaming floor--Any portion of a licensed facility where slot machines have been installed for use or play.
* * * * * § 401.5. Jurisdiction.
The Board will have exclusive jurisdiction over all matters within the scope of its powers under the act. The Board may take action to enforce its policies, rules and regulations. The Board may, in its discretion and when permitted by law, delegate its authority to perform any of its functions under the act.
CHAPTER 405. BUREAU OF INVESTIGATIONS AND ENFORCEMENT § 405.2. Information.
(a) An applicant, licensee, permittee or registrant shall provide all information, data and documents requested by the Bureau of Investigations and Enforcement (Bureau) under section 1517(a) of the act (relating to enforcement).
(b) The Director of the Bureau, the Chief Enforcement Counsel, and their designees, shall have the power and authority to administer oaths and affirmations for the purpose of obtaining voluntary sworn statements with regard to any matter or thing which may properly fall within the jurisdiction of the Board. Additionally, any person so designated shall have the power and authority to obtain by subpoena the sworn statement of a person deemed to have information relevant to an investigation that the Board is authorized to conduct. Designation pursuant to this section will be made in writing, filed with the Clerk of the Board and remain in effect until revoked.
* * * * *
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 421. GENERAL PROVISIONS § 421.1. General requirements.
* * * * * (g) An individual regulated by this part has a duty to inform the Board of any changes in the information supplied to the Board in or in conjunction with the original application.
§ 421.3. Disqualification criteria.
An application for, issuance or renewal of a license, permit, certification or registration may be denied, suspended or revoked to or from a person or applicant who has failed to prove to the satisfaction of the Board that the person or applicant or any of the persons required to be qualified, are in fact qualified in accordance with the act and with this part, who has violated the act or thispart, who is disqualified under the criteria in the act, who has materially departed from representation made in the application for licensure or renewal, or who has failed to comply with applicable Federal or state laws or regulations. A suspension, nonrenewal, denial or revocation of a license, permit, certification or registration or application thereof may be made for a sufficient cause consistent with the act and the public interest.
Subpart C. SLOT MACHINE LICENSING
CHAPTER 441. SLOT MACHINE LICENSING § 441.4. Slot machine license application.
To be eligible for a slot machine license, an applicant shall submit an application which includes the following:
* * * * * (25) If a temporary facility is to be licensed, a plan for how the licensee will transition to a permanent facility, including a date for completion of the permanent facility. A permanent facility shall be the facility proposed by the applicant, which is designated, identified and made part of the evidentiary record by the applicant at the applicant's licensing hearing. Any modifications to the proposed permanent facility following the applicant's licensing hearing shall be approved by the Board.
* * * * *
Subpart H. PRACTICE AND PROCEDURE
CHAPTER 494. HEARING PROCEDURE § 494.1. Generally.
(a) A hearing calendar of all proceedings set for hearing will be maintained by the clerk to the Board. All matters required to be determined upon the record will be placed on the hearing calendar, and will be in their order of assignment as far as practicable. All matters will be heard in Harrisburg, unless a different site shall be determined by the Board. The Board, in its discretion with or without motion, for cause may at any time with due notice to the participants advance or postpone any proceeding on the hearing calendar.
* * * * * (c) In oral and documentary hearings, neither the Board nor the presiding officer will be bound by technical rules of evidence, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination will be permitted at all oral hearings. If a party does not testify in his own behalf, he may be called and examined as if under cross-examination.
* * * * *
CHAPTER 499. REPRESENTATION BEFORE
THE BOARD§ 499.1. Appearance in person.
(a) An individual who is a party in a proceeding before the Board may represent himself before the Board.
* * * * *
[Pa.B. Doc. No. 06-1052. Filed for public inspection June 9, 2006, 9:00 a.m.]
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