PROPOSED RULEMAKING
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CH. 437a ]
Vendor Permission to Conduct Business Prior to Certification or Registration
[39 Pa.B. 1003]
[Saturday, February 21, 2009]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. § 1321 (relating to 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
This proposed rulemaking amends § 437a.9 (relating to permission to conduct business prior to certification or registration) which allows a vendor to provide goods or services to a slot machine applicant or licensee while the vendor's application for certification or registration is being reviewed. Under this amendment, the vendor would have to cease providing goods or services if it receives a Notice of Recommendation for Denial of its application from the Office of Enforcement Counsel.
Explanation of Amendments to Chapter 437a
Currently, a vendor may request permission to provide goods or services to a slot machine applicant or licensee while the application is being reviewed.
Under this proposed rulemaking, if the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to a vendor applicant that has received this permission, the applicant will have to cease providing goods or services to the slot machine applicant or licensee. The Bureau of Licensing will also notify the affected slot machine applicants or licensees that they may no longer do business with the vendor applicant.
Affected Parties
This proposed rulemaking will affect applicants for vendor certification or registration that have been granted permission to provide goods or services to a slot machine applicant or licensee while the applicant or licensee's application is being reviewed. It may also affect slot machine applicants and licensees.
Fiscal Impact
Commonwealth
The proposed rulemaking 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
Vendors who have been granted permission to provide goods or services while their application is being reviewed could lose that privilege. If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to a vendor applicant, the applicant will have to cease providing goods or services to an applicant for or holder of a slot machine license.
Similarly, the slot machine applicant or licensee will have to find a different vendor to provide the goods or services that the vendor applicant had been providing.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork requirements
No new reporting or paperwork requirements are created by this rulemaking. Issuing a Notice of Recommendation for Denial to an applicant is part of the current application process.
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 Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-97.
Contact Person
The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review, at (717) 214-8111.
Regulatory Review
In accordance with section 5(a) and (f) of the Regulatory Review Act (71 P. S. §§ 745.5(a) and (b), on February 5, 2009, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form, to the Legislative Reference Bureau for publication of notice of proposed rulemaking in the Pennsylvania Bulletin, and to the Independent Regulatory Review Commission (IRRC). In accordance with section 5(f) of the act (71 P. S. § 745.5(f)), the Board will submit the proposed rulemaking and the required material to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee no later than the second Monday after the date by which both committee designations have been published in the Pennsylvania Bulletin. A copy of this material is available to the public upon request and is available on the Board's web site at www.pgcb.state.pa.us.
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 Regulatory Review 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: 125-97. 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.9. Permission to conduct business prior to certification or registration.
* * * * * (b) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for certification or registration authorized to conduct business with a slot machine applicant or licensee under subsection (a), the applicant for certification or registration shall immediately cease conducting business with the slot machine applicant or licensee.
(c) When the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for certification or registration authorized to conduct business with a slot machine applicant or licensee under subsection (a), the Bureau of Licensing will notify the slot machine applicant or licensee that the authorization for the applicant for certification or registration to conduct business with the slot machine applicant or licensee under subsection (a) has been rescinded and that the slot machine applicant or licensee shall immediately cease conducting business with the applicant for certification or registration.
(d) Permission to conduct business under this section will be for 6 months.
[(c)] (e) The Board may extend the relief for additional 6-month periods upon a showing of good cause by the slot machine applicant or licensees.
[Pa.B. Doc. No. 09-298. Filed for public inspection February 20, 2009, 9:00 a.m.]
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