Title 58—RECREATION PENNSYLVANIA GAMING CONTROL BOARD [58 PA. CODE CH. 491a] Corrective Amendment to 58 Pa. Code Chapter 491a [40 Pa.B. 254]
[Saturday, January 9, 2010]The Pennsylvania Gaming Control Board has discovered a discrepancy between the agency text of 58 Pa. Code § 491a.5(b)(2)(iv)(A) and (B) and (c) (relating to service by the Board), as deposited with the Legislative Reference Bureau and published at 37 Pa.B. 4520 (August 18, 2007) and the official text currently appearing in the Pennsylvania Code MTS No. 418 (September 2009). When the pages for MTS 418 were prepared, the text of § 491a.5(b)(2)(iv)(A) and (B) and (c) was inadvertently omitted.
Therefore, under 45 Pa.C.S. § 901: The Pennsylvania Gaming Control Board has deposited with the Legislative Reference Bureau a corrective amendment to 58 Pa. Code § 491a.5(b)(2)(iv)(A) and (B) and (c). The corrective amendment to § 491a.5(b)(2)(iv)(A) and (B) and (c) is effective as of September 5, 2009, the date the defective text was announced in the Pennsylvania Bulletin.
The correct version of § 491a.5 is set forth in Annex A.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart H. PRACTICE AND PROCEDURE CHAPTER 491a. GENERAL RULES OF PRACTICE § 491a.5. Service by the Board.
(a) Applicability. This section applies to service of an order, notice or other document originating with the Board and other documents designated by the Board, except when the Board specifically requires a different form of service.
(b) Service of a document initiating a proceeding.
(1) Registered or certified mail. Service may be made by registered or certified mail, return receipt requested, to the person to be served, addressed to the person designated in the initial pleading, submittal or notice of appearance at the person's residence, principal office or place of business.
(2) Personal. Service may be made personally by anyone authorized by the Board. Service will be made by personally delivering a copy:
(i) Directly to the person named in the notice, pleading or order.
(ii) At the residence of the person named in the notice, pleading or order, to an adult member of the family with whom the person named resides. If no adult member of the family is found, then to an adult person in charge of the residence.
(iii) At the residence of the person named in the notice, pleading or order, to the clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging at which the person named resides.
(iv) At any office or usual place of business of the person named in the notice, pleading or order, to his agent or to the person who for the time being is in charge thereof. For purposes of this subsection, the phrase ''any office or usual place of business of the person named in the notice, pleading or order'' will include the following locations:
(A) The licensed facility at which the person named is employed, licensed in connection therewith, or routinely performs his duties of employment.
(B) The office of the agent identified by the person named to receive service of process.
(c) Proof of service. Proof of service shall be evidenced by a return of service filed with the Office of the Clerk.
(d) Subsequent service. Service of any document made subsequent to the initial filing in a proceeding may be made by first class mail at the last known address of record of the person named in the notice, pleading or order.
(e) Change of address. It is the duty of a party to apprise the Board of changes to the party's current address.
(f) Supersession. Subsections (a)—(c) supersede 1 Pa. Code § 33.31 (relating to service by the agency).
[Pa.B. Doc. No. 10-58. Filed for public inspection January 8, 2010, 9:00 a.m.]
