RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 805—808 ]
General Interactive Gaming Provisions; Temporary Regulations
[48 Pa.B. 1513]
[Saturday, March 17, 2018]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 13B03(b) (relating to regulations) and the specific authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers), adds the licensing provisions for interactive gaming manufacturers, interactive gaming suppliers, interactive gaming service providers and all categories of licensure for individuals associated with interactive gaming that will be required to be licensed by the Board to read as set forth in Annex A.
Purpose of this Temporary Rulemaking
This temporary rulemaking includes the licensing provisions for interactive gaming manufacturers, interactive gaming suppliers, interactive gaming service providers and categories of licensure for individuals associated with interactive gaming that will be required to be licensed by the Board.
Explanation of Chapters 805—808
Chapters 805—808 provide the licensing provisions for interactive gaming manufacturers, interactive gaming suppliers, interactive gaming service providers and categories of licensure for individuals associated with interactive gaming that will be required to be licensed by the Board.
Chapter 804 will be adopted in a separate temporary rulemaking. It will include the licensing requirements for qualified gaming entities to be delineated by the Board at a future time.
Affected Parties
This temporary rulemaking provides interested parties information relative to entities that may participate in interactive gaming in this Commonwealth and the petition/application process for some of those parties.
Fiscal Impact
Commonwealth
The Board expects that this temporary rulemaking will have minimal fiscal impact on the Board and other Commonwealth agencies. Impact should be confined to the additional personnel and expenses relating to processing new applications and continued oversight of expanded gaming with portions of these costs absorbed by existing Board staff.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions of this Commonwealth. Host municipalities and counties benefit from the local share funding mandated by the act of January 7, 2010 (P.L. 1, No. 1).
Private sector
This temporary rulemaking includes the licensing provisions for interactive gaming manufacturers, interactive gaming suppliers, interactive gaming service providers and categories of licensure for individuals associated with interactive gaming that will be required to be licensed by the Board. It is anticipated that this temporary rulemaking will have an impact only on those individuals seeking to acquire these licenses, the impact being for licensing costs which will be recouped through proceeds from the provision of interactive gaming.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork Requirements
Individuals eligible for an interactive gaming manufacture license, an interactive gaming supplier license, an interactive gaming service provider registration or certificate, and categories of individuals associated with interactive gaming that will be required to be licensed by the Board shall file an application to participate in these activities in this Commonwealth. These applications will be made available on the Board's public web site at a later date.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin and expires 2 years after publication.
Public Comments
While this temporary rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how these temporary regulations might be improved.
Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Laura R. Burd, Senior Counsel, Pennsylvania Gaming Control Board, P.O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation # 125-210.
Contact Person
The contact person for questions about this temporary rulemaking is Laura R. Burd, Senior Counsel, (717) 346-8300.
Regulatory Review
Under 4 Pa.C.S. § 13B03, the Board has the authority to promulgate temporary regulations to facilitate the prompt implementation of interactive gaming in this Commonwealth. The temporary regulations adopted by the Board are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), known as the Commonwealth Documents Law, the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)). Under 4 Pa.C.S. § 13B03(c), these temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 13B03, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the Commonwealth Documents Law and section 204(b) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to Pennsylvania Race Horse Development and Gaming Act).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(1) The regulations of the Board, 58 Pa. Code, are amended by adding temporary §§ 805.1—805.7, 806.1—806.7, 807.1—807.9 and 808.1—808.8 to read as set forth in Annex A.
(2) The temporary regulations will be posted on the Board's web site.
(3) The temporary regulations are subject to amendment as deemed necessary by the Board.
(4) The Chairperson of the Board has certified this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(5) These temporary regulations are effective upon publication in the Pennsylvania Bulletin and expire on March 17, 2020.
DAVID M. BARASCH,
ChairpersonFiscal Note: 125-210. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart L. INTERACTIVE GAMING
CHAPTER 805. INTERACTIVE GAMING MANUFACTURER—TEMPORARY REGULATIONS Sec.
805.1. Interactive gaming manufacturer license requirements. 805.2. Interactive gaming manufacturer license application and standards. 805.3. Interactive gaming manufacturer license term and renewal. 805.4. Interactive gaming manufacturer abbreviated license process. 805.5. Interactive gaming manufacturer conditional license process. 805.6. Interactive gaming manufacturer licensee responsibilities. 805.7. Interactive gaming manufacturer licensee change of control. § 805.1. Interactive gaming manufacturer license requirements.
(a) An interactive gaming manufacturer seeking to manufacture interactive devices or associated equipment for use in this Commonwealth shall apply to the Board for an interactive gaming manufacturer license.
(b) In accordance with section 1317.1(e)(3) of the act (relating to manufacturer licenses), an applicant for or the holder of an interactive gaming manufacturer license or any of the applicant's or holder's affiliates, intermediaries, subsidiaries or holding companies may not apply for or hold a slot machine license or an interactive gaming supplier license.
§ 805.2. Interactive gaming manufacturer license application and standards.
(a) An applicant for an interactive gaming manufacturer license shall submit all of the following:
(1) An original and one copy of the Enterprise Entity Application and Disclosure Information Form for the applicant and each of the applicant's principal affiliates.
(2) The nonrefundable application fee posted on the Board's web site.
(3) A diversity plan as set forth in section 1325(b) of the act (relating to license or permit issuance) and Chapter 481a (relating to diversity).
(4) An application from every key employee under §§ 435a.2 and 808.3 (relating to key employee license; and interactive key employees) and principal under Chapter 433a (relating to principal licenses) and § 808.2 (relating to interactive gaming principals) as specified by the Enterprise Entity Application and Disclosure Information Form and other persons as determined by the Board.
(5) An affirmation that neither the applicant nor any of its affiliates, intermediaries, subsidiaries or holding companies is an applicant for or holder of a slot machine license and that the applicant has neither applied for nor holds an interactive gaming supplier license.
(6) A sworn or affirmed statement that the applicant has developed and implemented internal safeguards and policies to prevent a violation of section 1513 of the act (relating to political influence) and a copy of the safeguards and policies.
(b) In addition to the materials required under subsection (a), an applicant for an interactive gaming manufacturer license shall do all of the following:
(1) Comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(2) Demonstrate that the applicant has the ability to manufacture, build, rebuild, repair, fabricate, assemble, produce, program, design or otherwise make modifications to interactive gaming devices or associated equipment which meet one or more of the following criteria:
(i) Are specifically designed for use in the operation of interactive gaming or an interactive gaming device or associated equipment.
(ii) Are needed to conduct an authorized interactive game.
(iii) Have the capacity to affect the outcome of the play of an interactive game.
(iv) Have the capacity to affect the calculation, storage, collection or control of gross interactive gaming revenue.
(c) In determining whether an applicant is suitable to be licensed as an interactive gaming manufacturer under this section, the Board will consider all of the following:
(1) The financial fitness, good character, honesty, integrity and responsibility of the applicant.
(2) If all principals of the applicant are eligible and suitable under the standards of section 1311.1 of the act (relating to licensing of principals).
(3) The integrity of all financial backers.
(4) The suitability of the applicant and the principals of the applicant based on the satisfactory results of all of the following:
(i) The background investigation of the principals.
(ii) A current tax clearance review performed by the Department.
(iii) A current Unemployment Compensation Tax clearance review and a Workers Compensation Tax clearance review performed by the Department of Labor and Industry.
§ 805.3. Interactive gaming manufacturer license term and renewal.
(a) An interactive gaming manufacturer license and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(b) A renewal application for an interactive gaming manufacturer license shall be filed at least 6 months prior to the expiration of the current license.
(c) An interactive gaming manufacturer license for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
§ 805.4. Interactive gaming manufacturer abbreviated license process.
(a) The Board may use an abbreviated licensing process if the applicant holds a license issued by the Board to manufacture slot machines, table games, table game devices or associated equipment and all of the following apply:
(1) The license was issued by the Board within a 36-month period immediately preceding the date the entity files an application to manufacture interactive gaming devices or associated equipment.
(2) The entity to whom the manufacturer license was issued affirms there has been no material change in circumstances relating to the license.
(3) The Board determines, in its sole discretion, that there has been no material change in circumstances relating to the licensee that necessitates that the abbreviated process not be used.
(b) This section may not be construed to waive any fees associated with obtaining an interactive gaming manufacturer license through the application process in this Commonwealth.
§ 805.5. Interactive gaming manufacturer conditional license process.
(a) The Board may issue conditional authorization to a person applying for an interactive gaming manufacturer license until September 17, 2019.
(1) Conditional authorization issued under this subpart will remain in effect until the earlier of the date occurring 12 months after the issuance of the authorization or the date upon which the Board makes a final determination on the person's application.
(i) The effectiveness of a conditional authorization may be extended by the Board not more than once, upon a showing of good cause.
(ii) Conditional authorization shall allow an applicant for an interactive gaming manufacturer license to engage in all of the functions of a licensed interactive gaming manufacturer for the duration of the conditional authorization.
(2) A conditional authorization will not be issued unless:
(i) The applicant has submitted a complete application for an interactive gaming manufacturer license to the Board.
(ii) The applicant is a certified gaming service provider in this Commonwealth or licensed in good standing to manufacture or provide interactive gaming devices or associated equipment in another jurisdiction in the United States or Canada that the Board has determined has licensing standards that are as comprehensive and thorough and provide similar adequate safeguards as those required under the act.
(iii) Submit a written statement from an interactive certificateholder or interactive gaming operator that the entity intends to do business with the applicant and a description of the services or products to be provided by the applicant.
(iv) Pass a preliminary review of the applicant's and its principal's criminal history.
(v) The applicant agrees to pay or has paid the nonrefundable application fee posted on the Board's web site prior to the issuance of conditional authorization.
(vi) The Bureau does not have an objection to the issuance of a conditional authorization to the applicant.
(b) An applicant for an interactive gaming manufacturer license that has received a conditional license shall provide to the Board in a manner and in the form as the Board will prescribe, on the 20th day following the end of each calendar quarter thereafter, a summary of the quarterly sales made to all interactive gaming certificateholders and interactive gaming operators in this Commonwealth, as well as all contracts or invoices concerning these sales upon request by the Board.
(c) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for an interactive gaming manufacturer license that has received a conditional license, the Bureau of Licensing will rescind the conditional license. If the conditional license is rescinded, the conditional licensee shall cease conducting business by the date specified in the notice of the rescission sent to the conditional licensee by the Bureau of Licensing under subsection (d).
(d) When the Bureau of Licensing rescinds a conditional license, the Bureau of Licensing will notify the holder of the conditional license and all interactive gaming certificateholders and interactive gaming operators by registered mail and e-mail that:
(1) Permission for the conditional licensee to conduct business under this subpart has been rescinded.
(2) Interactive gaming certificateholders and interactive gaming operators and any other licensee shall cease conducting business with the conditional licensee by the date specified in the notice.
(e) Pending a hearing on the Notice of Recommendation for Denial, the conditional licensee may not seek or conduct any new business in this Commonwealth and may only complete transactions that were commenced prior to the date specified in the notice of rescission.
(f) Nothing in this section may be construed to waive fees associated with obtaining a license through the application process in this Commonwealth.
§ 805.6. Interactive gaming manufacturer licensee responsibilities.
(a) A holder of an interactive gaming manufacturer license shall have a continuing duty to do all of the following:
(1) Comply with the general requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(2) For publicly traded interactive gaming manufacturer licensees, provide notification of all SEC filings or if the manufacturer is publicly traded on a foreign exchange, a copy of all filings submitted to the securities regulator that has jurisdiction over the foreign publicly traded corporation. The notification or copies of the filings shall be submitted to the Bureau of Licensing within 30 days after the date of filing with the SEC or securities regulator that has jurisdiction over the foreign publicly traded corporation.
(b) An employee of a licensed manufacturer who is a gaming or nongaming employee as defined in §§ 401a.3 and 801.2 (relating to definitions) shall obtain a permit under §§ 435a.3 and 808.4 (relating to occupation permit; and interactive gaming employees) or registration under §§ 435a.5 and 808.5 (relating to nongaming employee registration; and interactive nongaming employees).
§ 805.7. Interactive gaming manufacturer licensee change of control.
(a) For purposes of this section, a change of control of an interactive gaming manufacturer licensee will be deemed to have occurred when a person or group of persons acquires:
(1) More than 20% of an interactive gaming manufacturer licensee's securities, assets or other ownership interests.
(2) More than 20% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the interactive gaming manufacturer licensee.
(3) Any other interest in an interactive gaming manufacturer licensee which allows the acquirer to control the interactive gaming manufacturer licensee.
(b) An interactive gaming manufacturer licensee shall notify the Bureau and the Bureau of Licensing by filing a Notification of Proposed Transfer of Interest Form immediately upon becoming aware of any proposed or contemplated change of control of the interactive gaming manufacturer licensee.
(c) Prior to acquiring a controlling interest in an interactive gaming manufacturer licensee, the acquirer shall file a petition in accordance with § 493a.4 (relating to petitions generally) requesting Board approval of the acquisition. The petition must include all of the following:
(1) A copy of all documents governing the acquisition.
(2) Completed applications for the acquiring company, as required under this chapter, principals as required under Chapters 433a (relating to principal licenses) and § 808.2 (relating to interactive gaming principals) and key employees as required under §§ 435a.2 and 808.3 (relating to key employee license; and interactive key employees).
(3) An affirmation that neither the acquirer nor any of its affiliates, intermediaries, subsidiaries or holding companies is a slot machine licensee or interactive gaming certificateholder and that the acquirer has neither applied for nor holds an interactive gaming supplier license.
(d) A person or group of persons seeking to acquire a controlling interest in an interactive gaming manufacturer licensee shall promptly provide any additional information requested by the Board and Board staff and cooperate with the Bureau in any investigations related to the petition filed under subsection (c).
(e) A person or group of persons may not acquire a controlling interest in an interactive gaming manufacturer licensee until the petition required under subsection (c) has been approved. A person or group of persons seeking to acquire a controlling interest in an interactive gaming manufacturer licensee and the interactive gaming manufacturer licensee may enter into an agreement of sale that is contingent on Board approval of the petition.
(f) The requirements in this section do not apply to the acquisition of a controlling interest in an interactive gaming manufacturer licensee when all of the following conditions are met:
(1) The acquirer is an existing licensed slot machine, table game or interactive gaming manufacturer.
(2) The existing licensed interactive gaming manufacturer has provided the Bureau and the Bureau of Licensing notification and a copy of all documents governing the acquisition at least 60 days prior to the acquisition.
(3) After reviewing the documentation, the Bureau and the Bureau of Licensing determine that the filing of a petition is not required.
CHAPTER 806. INTERACTIVE GAMING SUPPLIER—TEMPORARY REGULATIONS Sec.
806.1. Interactive gaming supplier license requirements. 806.2. Interactive gaming supplier application and standards. 806.3. Interactive gaming supplier entity term and renewal. 806.4. Interactive gaming supplier abbreviated license process. 806.5. Interactive gaming supplier conditional license process. 806.6. Interactive gaming supplier licensee responsibilities. 806.7. Interactive gaming supplier change of control. § 806.1. Interactive gaming supplier license requirements.
(a) A supplier seeking to sell, lease, offer or otherwise provide, distribute or service interactive gaming devices or associated equipment to an interactive gaming certificateholder or interactive gaming operator in this Commonwealth shall apply to the Board for an interactive gaming supplier license.
(b) In accordance with sections 1317 and 1317.1 of the act (relating to supplier licenses; and manufacturer licenses), an applicant for or the holder of an interactive gaming supplier license or any of the applicant's or holder's affiliates, intermediaries, subsidiaries or holding companies may not apply for or hold a slot machine license or an interactive gaming manufacturer license.
§ 806.2. Interactive gaming supplier application and standards.
(a) An applicant for an interactive gaming supplier license shall submit all of the following:
(1) An original and one copy of the Enterprise Entity Application and Disclosure Information Form for the applicant and each of the applicant's principal affiliates.
(2) The nonrefundable application fee posted on the Board's web site.
(3) A diversity plan as set forth in section 1325(b) of the act (relating to license or permit issuance) and Chapter 481a (relating to diversity).
(4) An application from every key employee under §§ 435a.2 and 808.3 (relating to key employee license; and interactive key employees) and principal under Chapter 433a (relating to principal licenses) and § 808.2 (relating to interactive gaming principals) as specified by the Enterprise Entity Application and Disclosure Information Form and other persons as determined by the Board.
(5) An affirmation that neither the applicant nor any of its affiliates, intermediaries, subsidiaries or holding companies is an applicant for or holder of a slot machine license and that the applicant has neither applied for nor holds an interactive gaming manufacturer license.
(6) A sworn or affirmed statement that the applicant has developed and implemented internal safeguards and policies to prevent a violation of section 1513 of the act (relating to political influence) and a copy of the safeguards and policies.
(b) In addition to the materials required under subsection (a), an applicant for an interactive gaming supplier license shall comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(c) In determining whether an applicant is suitable to be licensed as an interactive gaming supplier under this section, the Board will consider all of the following:
(1) The financial fitness, good character, honesty, integrity and responsibility of the applicant.
(2) If all principals of the applicant are eligible and suitable under the standards of section 1311.1 of the act (relating to licensing of principals).
(3) The integrity of all financial backers.
(4) The suitability of the applicant and the principals of the applicant based on the satisfactory results of all of the following:
(i) The background investigation of the principals.
(ii) A current tax clearance review performed by the Department.
(iii) A current Unemployment Compensation Tax clearance review and a Workers Compensation Tax clearance review performed by the Department of Labor and Industry.
§ 806.3. Interactive gaming supplier entity term and renewal.
(a) An interactive gaming supplier license and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(b) A renewal application for an interactive gaming supplier license shall be filed at least 6 months prior to the expiration of the current license.
(c) An interactive gaming supplier license for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
§ 806.4. Interactive gaming supplier abbreviated license process.
(a) The Board may use an abbreviated licensing process if the applicant holds a license issued by the Board to supply slot machines, table games, table game devices or associated equipment and all of the following apply:
(1) The license was issued by the Board within a 36-month period immediately preceding the date the entity files an application to supply interactive gaming devices or associated equipment.
(2) The entity to whom the supplier license was issued affirms there has been no material change in circumstances relating to the license.
(3) The Board determines, in its sole discretion, that there has been no material change in circumstances relating to the licensee that necessitates that the abbreviated process not be used.
(b) This section may not be construed to waive any fees associated with obtaining an interactive gaming supplier license through the application process in this Commonwealth.
§ 806.5. Interactive gaming supplier conditional license process.
(a) The Board may issue conditional authorization to a person applying for an interactive gaming supplier license until September 17, 2019.
(1) Conditional authorization issued under this subpart will remain in effect until the earlier of the date occurring 12 months after the issuance of the authorization or the date upon which the Board makes a final determination on the person's application.
(i) The effectiveness of a conditional authorization may be extended by the Board not more than once, upon a showing of good cause.
(ii) Conditional authorization will allow an applicant for an interactive gaming supplier license to engage in all of the functions of a licensed interactive gaming supplier for the duration of the conditional authorization.
(2) A conditional authorization will not be issued unless all of the following apply:
(i) The applicant has submitted a complete application for an interactive gaming supplier license to the Board.
(ii) The applicant is a certified gaming service provider in this Commonwealth or licensed in good standing to supply or service interactive gaming devices or associated equipment in another jurisdiction in the United States or Canada that the Board has determined has licensing standards that are as comprehensive and thorough and provide similar adequate safeguards as those required under the act.
(iii) Submit a written statement from an interactive certificateholder or interactive gaming operator that the entity intends to do business with the applicant and a description of the services or products to be provided by the applicant.
(iv) Pass a preliminary review of the applicant's and its principal's criminal history.
(v) The applicant agrees to pay or has paid the nonrefundable application fee posted on the Board's web site prior to the issuance of conditional authorization.
(vi) The Bureau does not have an objection to the issuance of a conditional authorization to the applicant.
(b) An applicant for an interactive gaming supplier license that has received a conditional license shall provide to the Board in a manner and in the form as the Board will prescribe, on the 20th day following the end of each calendar quarter thereafter, a summary of the quarterly sales made to all interactive gaming certificateholders and interactive gaming operators in this Commonwealth, as well as all contracts or invoices concerning these sales upon request by the Board.
(c) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for an interactive gaming supplier license that has received a conditional license, the Bureau of Licensing may rescind the conditional license. If the conditional license is rescinded, the conditional licensee shall cease conducting business by the date specified in the notice of the rescission sent to the conditional licensee by the Bureau of Licensing under subsection (d).
(d) When the Bureau of Licensing rescinds a conditional license, the Bureau of Licensing will notify the holder of the conditional license and all interactive gaming certificateholders and interactive gaming operators by registered mail and e-mail that:
(1) Permission for the conditional licensee to conduct business under this subpart has been rescinded.
(2) Interactive gaming certificateholders and interactive gaming operators and any other licensee shall cease conducting business with the conditional licensee by the date specified in the notice.
(e) Pending a hearing on the Notice of Recommendation for Denial, the conditional licensee may not seek or conduct any new business in this Commonwealth and may only complete transactions that were commenced prior to the date specified in the notice of rescission.
(f) Nothing in this section may be construed to waive fees associated with obtaining a license through the application process in this Commonwealth.
§ 806.6. Interactive gaming supplier licensee responsibilities.
(a) A supplier shall submit to the Bureau of Licensing for review any agreements with a licensed interactive gaming manufacturer, licensed interactive gaming operator, slot machine licensee or interactive gaming certificateholder. The review may include financing arrangements, technical competency, compensative agreements and other terms or conditions to ensure the financial independence of the licensed interactive gaming supplier from any licensed interactive gaming manufacturer or licensed or certified interactive gaming entity.
(b) A holder of a supplier license shall have a continuing duty to do all of the following apply:
(1) Comply with the general requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(2) For publicly traded interactive gaming suppliers, provide notification of all SEC filings or, if the supplier is publicly traded on a foreign exchange, a copy of all filings submitted to the securities regulator that has jurisdiction over the foreign publicly traded corporation. The notification or copies of the filings shall be submitted to the Bureau of Licensing within 30 days after the date of filing with the SEC or securities regulator that has jurisdiction over the foreign publicly traded corporation.
(c) An employee of a licensed interactive gaming supplier who is a gaming or nongaming employee as defined in §§ 401a.3 and 801.2 (relating to definitions) shall obtain a permit under §§ 435a.3 and 808.4 (relating to occupation permit; and interactive gaming employees) or registration under §§ 435a.5 and 808.5 (relating to nongaming employee registration; and interactive nongaming employees).
§ 806.7. Interactive gaming supplier change of control.
(a) For purposes of this section, a change of control of an interactive gaming supplier licensee will be deemed to have occurred when a person or group of persons acquires:
(1) More than 20% of an interactive gaming supplier licensee's securities, assets or other ownership interests.
(2) More than 20% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the interactive gaming supplier licensee.
(3) Any other interest in an interactive gaming supplier licensee which allows the acquirer to control the interactive gaming supplier licensee.
(b) An interactive gaming supplier licensee shall notify the Bureau and the Bureau of Licensing by filing a Notification of Proposed Transfer of Interest Form immediately upon becoming aware of any proposed or contemplated change of control of the interactive gaming supplier licensee.
(c) Prior to acquiring a controlling interest in an interactive gaming supplier licensee, the acquirer shall file a petition in accordance with § 493a.4 (relating to petitions generally) requesting Board approval of the acquisition. The petition must include all of the following:
(1) A copy of all documents governing the acquisition.
(2) Completed applications for the acquiring company, as required under this chapter, principals as required under Chapter 433a (relating to principal licenses) and § 808.2 (relating to interactive gaming principals) and key employees as required under §§ 435a.2 and 808.3 (relating to key employee license; and interactive key employees).
(3) An affirmation that neither the acquirer nor any of its affiliates, intermediaries, subsidiaries or holding companies is a slot machine licensee or interactive gaming certificateholder and that the acquirer has neither applied for nor holds an interactive gaming manufacturer license.
(d) A person or group of persons seeking to acquire a controlling interest in an interactive gaming supplier licensee shall promptly provide any additional information requested by the Board and Board staff and cooperate with the Bureau in any investigations related to the petition filed under subsection (b).
(e) A person or group of persons may not acquire a controlling interest in an interactive gaming supplier licensee until the petition, required under subsection (b), has been approved. A person or group of persons seeking to acquire a controlling interest in an interactive gaming supplier licensee and the supplier licensee may enter into a sales agreement that is contingent on Board approval of the petition.
(f) The requirements in this section do not apply to the acquisition of a controlling interest in an interactive gaming supplier licensee when all of the following conditions are met:
(1) The acquirer is an existing licensed slot machine, table game or interactive gaming supplier.
(2) The existing licensed interactive gaming supplier has provided the Bureau and the Bureau of Licensing notification and a copy of all documents governing the acquisition at least 60 days prior to the acquisition.
(3) After reviewing the documentation, the Bureau and the Bureau of Licensing determine that the filing of a petition is not required.
CHAPTER 807. INTERACTIVE GAMING SERVICE PROVIDERS—TEMPORARY REGULATIONS Sec.
807.1. General interactive gaming service provider requirements. 807.2. Interactive gaming service provider certification applications. 807.3. Interactive gaming service provider registration applications. 807.4. Qualification of individuals and entities of certified interactive gaming service providers. 807.5. Interactive gaming service provider registration and certification term and renewal. 807.6. Authorized interactive gaming service providers list; prohibited interactive gaming service providers. 807.7. Permission to conduct business prior to certification or registration. 807.8. Emergency interactive gaming service provider. 807.9. Duty to investigate. § 807.1. General interactive gaming service provider requirements.
(a) Except as provided in § 807.9 (relating to duty to investigate), an interactive gaming service provider or person seeking to conduct business with an interactive gaming certificateholder or interactive gaming operator shall apply to the Board for certification if the interactive gaming service provider or person is providing:
(1) Data warehousing hosting services unless the hosting service is in a jurisdiction, the standards of which are recognized by the Board, with which the Commonwealth has an interactive agreement, the owner of the hardware is licensed as an interactive gaming operator by the Board and the facility is approved by the Board.
(2) Payment processing and related money-transmitting services with direct contact with a patron's interactive gaming certificateholder account or the interactive gaming platform.
(3) Customer identity, age verification and geo-location verification used in the conduct of interactive and mobile gaming, regardless of the interactive gaming service provider or person's contractual relationship with an interactive certificateholder.
(4) Interactive affiliate goods or services and the interactive affiliate is being paid a revenue share. As used in this subsection, ''interactive affiliate'' means as an individual or entity involved in promoting, marketing and directing business to online gaming sites in exchange for compensation paid based on player activity not a flat fee.
(5) Any other person as determined by the Board.
(b) Except as provided in § 807.9, a gaming service provider or person seeking to conduct business with an interactive gaming certificateholder or interactive gaming operator shall apply to the Board for a registration if the interactive gaming service provider or person is providing goods or services related to interactive gaming or interactive wagering and the interactive gaming service provider or person is not required to be certified as an interactive gaming service provider. This subsection applies to interactive affiliates involved in promoting, marketing and directing business to online gaming sites in exchange for a flat fee.
(c) A holder of an interactive gaming service provider certification, registration or authorization shall have a continuing duty to comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
§ 807.2. Interactive gaming service provider certification applications.
(a) An interactive gaming service provider seeking certification shall submit an original and one copy of a Certification Application and Disclosure Form. The original, copy and the application fee toward the cost of the investigation of the applicant, as posted on the Board's web site, shall be submitted to the Bureau of Licensing by the interactive gaming service provider unless otherwise directed by the Bureau of Licensing.
(b) In addition to the requirements in subsection (a), an applicant for an interactive gaming service provider certification shall do all of the following:
(1) Submit applications and release authorizations for each individual required to be qualified under § 807.4 (relating to qualification of individuals and entities of certified interactive gaming service providers).
(2) Comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(c) An applicant for an interactive gaming service provider certification shall reimburse the Board for costs incurred in conducting the investigation of the applicant.
(d) An interactive gaming service provider certification will not be issued until all fees and costs have been paid.
§ 807.3. Interactive gaming service provider registration applications.
(a) An interactive gaming service provider seeking registration shall complete an original and one copy of a Gaming Service Provider Registration Form. The original, copy and the application fee toward the cost of the investigation of the applicant, as posted on the Board's web site, shall be submitted to the Bureau of Licensing by the interactive gaming service provider unless otherwise directed by the Bureau of Licensing.
(b) In addition to the materials required under subsection (a), an applicant for an interactive gaming service provider registration shall do all of the following:
(1) Submit release authorizations for each individual required to be qualified under § 807.4 (relating to qualification of individuals and entities of certified interactive gaming service providers).
(2) Comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(3) Submit fingerprints of all of the following individuals in a manner prescribed by the Bureau:
(i) Each officer and director of the registered interactive gaming service provider applicant. For purposes of this subparagraph, ''officer'' means a president, a 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.
(ii) Each individual who has a direct or indirect ownership or beneficial interest of 10% or more in the registered interactive gaming service provider applicant.
(iii) Each salesperson of a registered interactive gaming service provider applicant who solicits business from, or has regular contact with, any representatives of an interactive certificateholder or interactive gaming operator or any employee of a registered interactive gaming service provider applicant who will be engaging in that conduct.
(c) A person who holds any direct or indirect ownership or beneficial interest in a registered interactive gaming service provider or applicant for interactive gaming service provider registration, or has the right to any profits or distributions directly or indirectly, from the registered interactive gaming service provider or applicant for interactive gaming service provider registration may be required to submit fingerprints if the Bureau determines that the submission of fingerprints of the person is necessary to protect the public interest or to enhance the integrity of gaming in this Commonwealth.
(d) Each of the individuals required to submit fingerprints under subsection (b)(3) shall be found qualified by the Board. An individual who is a gaming or nongaming employee as defined in §§ 401a.3 and 801.2 (relating to definitions) shall obtain a gaming employee occupation permit in accordance with §§ 435a.3 and 808.4 (relating to occupation permit; and interactive gaming employees) or a nongaming employee registration in accordance with §§ 435a.5 and 808.5 (relating to nongaming employee registration; and interactive nongaming employees).
(e) An applicant for an interactive gaming service provider registration shall reimburse the Board for costs incurred in conducting the investigation of the applicant.
(f) An interactive gaming service provider registration will not be issued until all fees and costs have been paid.
§ 807.4. Qualification of individuals and entities of certified interactive gaming service providers.
(a) The following individuals shall submit a Pennsylvania Personal History Disclosure Form and be found qualified by the Board:
(1) Each officer and director of a certified interactive gaming service provider or applicant for interactive gaming service provider certification. For the purposes of this paragraph, ''officer'' means a president, a 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.
(2) Each individual who has a direct or indirect ownership or beneficial interest of 10% or more in the certified interactive gaming service provider or applicant for interactive gaming service provider certification. A certified interactive gaming service provider or applicant for interactive gaming service provider certification shall provide information or documentation requested by the Board necessary to determine compliance with this paragraph.
(3) Each salesperson of a certified interactive gaming service provider or applicant for interactive gaming service provider certification who solicits business from, or has regular contact with, any representatives of an interactive certificateholder or interactive gaming operator or any employee of a certified interactive gaming service provider or applicant for interactive gaming service provider certification who will be engaging in that conduct.
(b) Each entity that directly owns 20% or more of the voting securities of a certified interactive gaming service provider or person applying for interactive gaming service provider certification shall file a Certification Form—Private Holding Company with the Bureau of Licensing and be found qualified by the Board.
(c) The following persons may be required to submit a Certification Form—Private Holding Company or a Pennsylvania Personal History Disclosure Form and be found qualified by the Board if the Bureau of Licensing determines that the qualification of the person is necessary to protect the public interest or to enhance the integrity of gaming in this Commonwealth.
(1) An intermediary or holding company of a certified interactive gaming service provider or applicant for interactive gaming service provider certification not otherwise required to be qualified.
(2) An officer or director of an intermediary or holding company of a certified interactive gaming service provider or applicant for interactive gaming service provider certification.
(3) An employee of a certified interactive gaming service provider or applicant for interactive gaming service provider certification.
(4) A person who holds any direct or indirect ownership or beneficial interest in a certified interactive gaming service provider or applicant for interactive gaming service provider certification, or has the right to any profits or distribution, directly or indirectly, from the certified interactive gaming service provider or applicant for interactive gaming service provider certification.
(5) A trustee of a trust that is required to be found qualified under this section.
(d) The Bureau of Licensing may issue a temporary credential to an individual who is required to be qualified by the Board under this section if all of the following apply:
(1) The individual's presence in an interactive gaming restricted area is needed.
(2) The company with which the individual is associated is on the authorized gaming service provider list.
(e) Upon request, the Bureau of Licensing will issue a credential to an individual who has been found qualified under this section if the interactive gaming service provider has been certified.
(f) An employee of a certified or registered interactive gaming service provider who is a gaming or nongaming employee as defined in §§ 401a.3 and 801.2 (relating to definitions) shall obtain a permit under §§ 435a.3 and 808.4 (relating to occupation permit; and interactive gaming employees) or registration under §§ 435a.5 and 808.5 (relating to nongaming employee registration; and interactive nongaming employees).
§ 807.5. Interactive gaming service provider registration and certification term and renewal.
(a) Interactive gaming service provider certifications, registrations and renewals issued under this subpart will be valid for 5 years from the date of Board approval.
(b) Registered and certified interactive gaming service providers shall submit to the Board a completed renewal application or form and renewal fee at least 180 days prior to the expiration of a certification, registration or authorization.
(c) A certification or registration for which a completed renewal application and fee has been received by the Bureau of Licensing will continue to be in effect until the Board sends written notification to the holder of the certification or registration that the Board has approved or denied the certification or registration.
§ 807.6. Authorized interactive gaming service providers list; prohibited interactive gaming service providers.
(a) The Board will maintain a list of authorized interactive gaming service providers and a list of prohibited interactive gaming service providers. The authorized list will contain the names of persons who have been:
(1) Registered or certified.
(2) Authorized to conduct business with interactive certificateholder or interactive gaming operator under § 437a.9 (relating to permission to conduct business prior to certification or registration).
(b) Except as permitted under §§ 437a.1(a)(2), (d) and (g) and 437a.10 (relating to general gaming service provider requirements; and emergency gaming service provider), an interactive gaming certificateholder or interactive gaming operator may not purchase goods or services from an interactive gaming service provider unless the interactive gaming service provider is on the authorized interactive gaming service provider list. A slot machine licensee, interactive gaming certificateholder or interactive gaming operator or applicant or any affiliate, intermediary, subsidiary or holding company thereof acting on behalf of the slot machine licensee, interactive gaming certificateholder, interactive gaming operator or applicant may not enter into an agreement or continue to do business with an interactive gaming service provider on the prohibited gaming service providers list.
(c) The Board may place a person on the prohibited interacted gaming service provider list if all of the following apply:
(1) The interactive gaming service provider has failed to comply with this chapter.
(2) The interactive gaming service provider has failed to cooperate with Board staff in its review and investigation of the interactive gaming service provider's application.
(3) The interactive gaming service provider's application for certification or registration has been denied or withdrawn with prejudice or the interactive gaming service provider has had its interactive gaming service provider certification or registration suspended or revoked.
(4) The interactive gaming service provider has failed to provide information to a slot machine licensee, an interactive gaming certificateholder or interactive gaming operator that is necessary for the slot machine licensee, interactive gaming certificateholder or interactive gaming operator to comply with this chapter.
(d) A person seeking to be removed from the list of prohibited interactive gaming service providers shall file a petition for removal in accordance with § 493a.4 (relating to petitions generally) and shall be responsible for all costs associated with the person's petition for removal from the list of prohibited interactive gaming service providers. The petition must state the specific grounds believed by the petitioner to constitute good cause for removal from the prohibited interactive gaming service providers list and how the interactive gaming service provider has cured any deficiencies that led to the interactive gaming service provider being placed on the prohibited interactive gaming service providers list.
(e) The Board may impose a monetary penalty or other appropriate sanction in connection with the removal of a person from the list of prohibited interactive gaming service providers, or attach any reasonable condition to the removal of a person from the list of prohibited interactive gaming service providers.
§ 807.7. Permission to conduct business prior to certification or registration.
(a) Notwithstanding § 807.1 (relating to general interactive gaming service provider requirements), the Bureau of Licensing may authorize an applicant for an interactive gaming service provider certification or registration to conduct business with a slot machine licensee, an interactive gaming certificateholder or interactive gaming operator prior to the certification or registration of the interactive gaming service provider applicant if all of the following criteria are met:
(1) A completed Gaming Service Provider Registration Form has been filed by the interactive gaming service provider or a completed Gaming Service Provider Certification Application and Disclosure Information Form has been filed by the slot machine licensee, interactive gaming certificateholder or interactive gaming operator in accordance with § 807.2 or § 807.3 (relating to interactive gaming service provider certification applications; and interactive gaming service provider registration applications).
(2) The slot machine licensee, interactive gaming certificateholder or interactive gaming operator certifies that it has performed due diligence on the interactive gaming service provider.
(3) The applicant for an interactive gaming service provider registration or certification agrees, in writing, that the grant of permission to conduct business prior to registration or certification does not create a right to continue to conduct business and that the Bureau of Licensing may rescind, at any time, the authorization granted pursuant to this section, with or without prior notice to the applicant, if the Bureau of Licensing is informed that the suitability of the applicant may be at issue or the applicant fails to cooperate in the application or investigatory process.
(b) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for certification or registration, the Bureau of Licensing may rescind the permission granted to the applicant for certification or registration to conduct business with a slot machine licensee, interactive gaming certificate-holder, interactive gaming operator or applicant under subsection (a). If the permission is rescinded, the applicant for certification or registration shall cease conducting business with the slot machine licensee, interactive gaming certificateholder, interactive gaming operator or applicant by the date specified in the notice of the rescission by the Bureau of Licensing under subsection (c).
(c) The Bureau of Licensing will notify the applicant for certification or registration and the slot machine licensee, interactive gaming certificateholder, interactive gaming operator or applicant by registered mail and e-mail that permission for the applicant for certification or registration to conduct business with the slot machine licensee, interactive gaming certificateholder, interactive gaming operator or applicant under subsection (a) has been rescinded and that the slot machine licensee, interactive gaming certificateholder, interactive gaming operator or applicant shall cease conducting business with the applicant for certification or registration by the date specified in the notice.
§ 807.8. Emergency interactive gaming service provider.
(a) An interactive gaming certificateholder or interactive gaming operator may utilize an interactive gaming service provider that is not registered, certified or authorized to conduct business in accordance with § 807.7 (relating to permission to conduct business prior to certification or registration) when a threat to public health, welfare or safety exists or circumstances outside the control of the slot machine licensee, interactive gaming certificateholder or interactive gaming operator create an urgency of need which does not permit the delay involved in using the formal method of interactive gaming service provider certification or registration. A slot machine licensee, interactive gaming certificateholder or interactive gaming operator may not use an interactive gaming service provider on the prohibited list.
(b) When using an interactive gaming service provider that is not registered, certified or authorized to conduct business to respond to an emergency, the slot machine licensee, interactive gaming certificateholder or interactive gaming operator shall do all of the following:
(1) Immediately notify the Bureau of Licensing of the emergency and the interactive gaming service provider that was selected to provide emergency services.
(2) File an Interactive Gaming Service Provider Emergency Notification Form with the Bureau of Licensing within 72 hours after commencement of the interactive gaming service provider's services and a written explanation of the basis for the procurement of the emergency interactive gaming service provider.
(c) An employee of the emergency interactive gaming service provider who is providing emergency services that requires access to an interactive gaming restricted area shall obtain a temporary access credential in accordance with § 808.7 (relating to emergency and temporary credentials) prior to performing any work.
(d) If the slot machine licensee, interactive gaming certificateholder or interactive gaming operator continues to utilize the interactive gaming service provider after the emergency circumstances have passed or if the Bureau of Licensing determines that the circumstances did not necessitate the use of an emergency interactive gaming service provider that was not registered, certified or on the authorized list, the slot machine licensee, interactive gaming certificateholder, interactive gaming operator and interactive gaming service provider shall comply with this chapter.
§ 807.9. Duty to investigate.
(a) A slot machine licensee, interactive gaming certificateholder or interactive gaming operator shall investigate the background and qualifications of the applicants for interactive gaming service provider registration or certification with whom it intends to have a contractual relationship or enter into an agreement.
(b) A slot machine licensee, interactive gaming certificateholder or interactive gaming operator shall have an affirmative duty to avoid agreements or relationships with persons applying for an interactive gaming service provider registration or certification whose background or associations are injurious to the public health, safety, morals, good order and general welfare of the residents of this Commonwealth, or who threaten the integrity of gaming in this Commonwealth.
(c) A slot machine licensee, an interactive gaming certificateholder or interactive gaming operator shall have a duty to inform the Board of an action by an applicant for or holder of an interactive gaming service provider registration or certification, which the slot machine licensee, interactive gaming certificateholder or interactive gaming operator believes would constitute a violation of the act or this part.
CHAPTER 808. INTERACTIVE GAMING PRINCIPALS AND KEY, GAMING AND NONGAMING EMPLOYEES—TEMPORARY REGULATIONS Sec.
808.1. General provisions. 808.2. Interactive gaming principals. 808.3. Interactive key employees. 808.4. Interactive gaming employees. 808.5. Interactive nongaming employees. 808.6. Board credentials. 808.7. Emergency and temporary credentials. 808.8. Loss, theft or destruction of credentials. § 808.1. General provisions.
(a) An individual seeking a principal, key employee license, gaming employee occupation permit or nongaming employee registration to participate in interactive gaming in this Commonwealth shall apply to the Board as follows:
(1) Principal and key employee applicants shall submit an original and one copy of a completed Multi-Jurisdictional Personal History Disclosure Form as well as an original and one copy of a completed Principal/Key Employee Form—Pennsylvania Supplement to the Multi-Jurisdictional Personal History Disclosure Form.
(2) Gaming employee occupation permit and nongaming employee registration applicants shall submit the Gaming Employee or Nongaming Employee Registration Application using the SLOTS Link.
(3) All applicants shall submit the nonrefundable application fee posted on the Board's web site.
(b) In addition to the materials required in subsection (a), an applicant shall comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications; statement of conditions; wagering restrictions).
(c) The holder of a principal, key employee license, gaming employee occupation permit or nongaming employee registration shall provide an updated photograph at the request of Board staff.
(d) An applicant for a gaming employee occupation permit or nongaming employee registration shall be at least 18 years of age.
(e) After reviewing the application and the results of the applicant's background investigation, the Board may issue a principal license, key employee license, gaming employee occupation permit or nongaming employee registration if the individual has proven that he is a person of good character, honesty and integrity, and is eligible and suitable to be licensed as a principal, key employee, gaming employee or nongaming employee.
(f) Slot machine licensees, interactive gaming certificateholders, interactive gaming operators, interactive gaming manufacturers, interactive gaming suppliers and interactive gaming service providers that hire an individual who holds a key employee license, gaming employee occupation permit or registration issued by the Board shall contact the Bureau of Licensing to confirm that the individual's key employee license, gaming employee occupation permit or registration is in good standing prior to allowing the individual to perform work associated with interactive gaming in this Commonwealth.
(g) An individual who holds a principal license, key employee license, gaming employee occupation permit or registration is subject to all of the following wagering restrictions relative to interactive gaming:
(1) An individual whose job duties include interactive gaming and who holds a license, permit or registration and is currently employed by or is a principal of an interactive certificateholder may not place wagers on web sites offered by or associated with the interactive certificate holder. The licensed, permitted or registered individual shall wait at least 30 days following the date that the individual is no longer employed in a position that includes interactive gaming job duties before the individual may wager on web sites offered by or associated with the interactive certificate holder.
(2) An individual who holds a license, permit or registration and is currently employed by or is a principal of an interactive gaming operator may not wager on web sites operated by the interactive gaming operator. The licensed, permitted or registered individual shall wait at least 30 days following the date that the individual is no longer employed by the interactive gaming operator before the individual may wager on web sites operated by the interactive gaming operator.
(3) An individual whose job duties include interactive gaming and who holds a license, permit or registration and is currently employed by or is a principal of an interactive manufacturer or interactive supplier may not wager on web sites associated with interactive certificateholders in this Commonwealth that offer games or use equipment manufactured, supplied, developed or programmed by the interactive manufacturer or interactive supplier.
§ 808.2. Interactive gaming principals.
(a) Principals, as defined in §§ 401a.3 and 433a.1 (relating to definitions), shall submit an application for licensure as described in this section.
(b) A principal license and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(c) A renewal application for a principal license shall be filed at least 6 months prior to expiration of the current license.
(d) A principal license for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
(e) A principal license issued under this subpart will be only be valid for the licensed or certified entity with which the principal is associated.
§ 808.3. Interactive key employees.
(a) Key employees, as defined in §§ 401a.3 and 801.2 (relating to definitions), shall submit an application for licensure as described in § 808.2 (relating to interactive gaming principals).
(b) A key employee license and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(c) A renewal application for a key employee license shall be filed at least 6 months prior to expiration of the current license.
(d) A key employee license for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
(e) A key employee license issued under this subpart will be valid for employment with any licensed or certified entity.
§ 808.4. Interactive gaming employees.
(a) Gaming employees, as defined in §§ 401a.3 and 801.2 (relating to definitions), shall submit an application for licensure as described in § 808.2 (relating to interactive gaming principals).
(b) In addition to the materials required to be submitted under this subpart, gaming employee occupation permit applicants shall submit verification of an offer of employment from a licensed or certified entity.
(c) A gaming employee occupation permit and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(d) A renewal application for a gaming employee occupation permit shall be filed at least 6 months prior to expiration of the current permit.
(e) A gaming employee occupation permit for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
(f) An individual who wishes to receive a gaming employee occupation permit under this subpart may authorize an applicant for or holder of a slot machine license, interactive gaming certificate, interactive gaming operator license, interactive gaming manufacturer license, interactive gaming supplier license, or interactive gaming service provider certification or registration to file an application on the individual's behalf.
(g) A gaming employee occupation permit issued under this chapter will be valid for employment with any licensed, certified or registered entity.
§ 808.5. Interactive nongaming employees.
(a) Nongaming employees, as defined in § 401a.3 (relating to definitions), shall submit an application for licensure as described in § 808.2 (relating to interactive gaming principals).
(b) In addition to the materials required to be submitted under this subpart, nongaming employee registration applicants shall submit verification of an offer of employment from a licensed or certified entity.
(c) A nongaming employee registration and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(d) A renewal application for a nongaming employee registration shall be filed at least 6 months prior to expiration of the current registration.
(e) A nongaming employee registration for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
(f) An individual who wishes to receive a nongaming employee registration under this subpart may authorize an applicant for or holder of a slot machine license, interactive gaming certificate, interactive gaming operator license, interactive gaming manufacturer license, interactive gaming supplier license, or interactive gaming service provider certification or registration to file an application on the individual's behalf.
(g) A nongaming employee registration issued under this chapter will be valid for employment with any licensed, certified or registered entity.
§ 808.6. Board credentials.
The individuals required to be licensed, permitted or registered under this subpart shall obtain a Board credential as described in this subpart.
§ 808.7. Emergency and temporary credentials.
The individuals required to be licensed, permitted or registered under this subpart may obtain an emergency or temporary Board credential as described in §§ 435a.7 and 435.8 (relating to emergency credentials; and temporary credentials).
§ 808.8. Loss, theft or destruction of credentials.
(a) As soon as possible, but no later than 24 hours following the loss, theft or destruction of a Board credential, emergency credential or temporary credential, the person to whom the credential was issued shall notify the Bureau of Licensing.
(b) The slot machine licensee, interactive gaming certificateholder or interactive gaming operator licensee, on behalf of an employee whose Board-issued credential was lost, stolen or destroyed, may request a replacement Board credential by submitting a Request for Duplicate PGCB Credential Form and the fee established by the Board to the Bureau of Licensing.
[Pa.B. Doc. No. 18-394. Filed for public inspection March 16, 2018, 9:00 a.m.]
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