PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CH. 435a ] Corrective Amendment to 58 Pa. Code § 435a.1 [40 Pa.B. 6094]
[Saturday, October 23, 2010]The Pennsylvania Gaming Control Board has discovered a discrepancy between the agency text of 58 Pa. Code § 435a.1 (relating to general provisions), as deposited with the Legislative Reference Bureau and the official text published at 40 Pa.B. 4761, 4763 (August 21, 2010) and the text which will appear in MTS 432 (November, 2010). The version of the amendments set forth at 40 Pa.B. 4761, 4763 inadvertently omitted several subsections from the section.
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 § 435a.1. The corrective amendment to § 435a.1, is effective as of August 21, 2010, the date the defective text appeared in the Pennsylvania Bulletin.
The correct version of § 435a.1 appears in Annex A.
SUSAN YOCUM,
Assistant Chief CounselAnnex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTERATION CHAPTER 435a. EMPLOYEES § 435a.1. General provisions.
(a) An individual seeking a key employee license, occupation permit or nongaming employee registration shall apply to the Board as required by this chapter.
(b) In addition to the materials required under §§ 435a.2, 435a.3 and 435a.5 (relating to key employee license; occupation permit; and nongaming employee registration), an applicant shall:
(1) Promptly provide information requested by the Board relating to its application or regulation and cooperate with the Board in investigations, hearings, and enforcement and disciplinary actions.
(2) Comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications).
(c) An individual who receives a license, permit or registration under this part shall have the continuing duty to report to the Board an arrest, charge, indictment or conviction for:
(1) An offense involving moral turpitude.
(2) An offense under 18 Pa.C.S. (relating to crimes and offenses).
(3) An offense under 75 Pa.C.S. (relating to vehicles) which is punishable by 1 year or more.
(4) An offense under section 13 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-113(a)) regarding prohibited acts; penalties.
(5) Any felony offense.
(6) Comparable offenses in other states or foreign jurisdictions.
(d) The holder of a key employee license, occupation permit, or nongaming employee registration shall provide an updated photograph at the request of the Board.
(e) An individual may not be employed in this Commonwealth by an applicant for or holder of a license, certification or registration under this part in any capacity unless the individual is a citizen of the United States or can demonstrate that he holds a current and valid work authorization and is not restricted from working in the capacity for which employment is sought or held. Authorization to work in the United States may be demonstrated by submitting one of the following:
(1) A permanent resident alien card.
(2) A temporary employment authorization card.
(3) A document which the Board deems to be sufficient evidence or authorization.
(f) A principal or key employee license will not issued to an individual who has been convicted of a felony offense in any jurisdiction.
(g) A principal or key employee license will not be issued to an individual who has been convicted of a misdemeanor gambling offense in any jurisdiction, unless 15 years have elapsed from the date of conviction for the offense.
(h) A permit will not be issued to an individual who has been convicted of a felony offense or misdemeanor gambling offense in any jurisdiction unless 15 years have elapsed from the date of conviction for the offense.
(i) When considering an application for a registration from an individual who has been convicted of a felony or misdemeanor gaming offense in any jurisdiction, an application for a permit from an individual who has been convicted of a felony or misdemeanor gaming offense in any jurisdiction when 15 years have elapsed from the date of the conviction for the offense, or an application for a license from an individual who has been convicted of a misdemeanor gaming offense in any jurisdiction when 15 years have elapsed from the date of the conviction for the offense, Board will consider:
(1) The nature and duties of the applicant's position with the licensed entity.
(2) The nature and seriousness of the offense or conduct.
(3) The circumstances under which the offense or conduct occurred.
(4) The age of the applicant when the offense or conduct was committed.
(5) Whether the offense or conduct was an isolated or a repeated incident.
(6) Evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendation of persons who have substantial contact with the applicant.
(j) For purposes of this section, a felony offense is any of the following:
(1) An offense punishable under the laws of this Commonwealth by imprisonment for more than 5 years.
(2) An offense which, under the laws of another jurisdiction, is either:
(i) Classified as a felony.
(ii) Punishable by imprisonment for more than 5 years.
(3) An offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be subject to imprisonment for more than 5 years.
(k) An individual who holds a license or permit may not wager at any licensed facility in this Commonwealth.
(l) A registrant or employee of a slot machine licensee who is not required to obtain a license or permit may not wager at the licensed facility in which the registrant or employee is employed.
(m) A registrant who is an employee of a certified vendor or an employee of a certified vendor who has direct contact with the employees of a licensed facility may not wager at the licensed facility where the vendor is currently providing services.
(n) A licensed, permitted or registered employee shall wait at least 30 days following the date that the employee either leaves employment with a slot machine licensee or is laid off or terminated from employment with a slot machine licensee before the employee may wager at the licensed facility in which the employee was formerly employed.
(o) An individual required to obtain a license or permit by this part shall demonstrate that he is current and not in arrears on any financial obligation owed to the Commonwealth or any subdivision thereof, including court-ordered child-support payments.
(p) An applicant for an occupation permit or nongaming employee registration shall be at least 18 years of age.
(q) Slot machine licensees, manufacturers, manufacturer designees, suppliers and certified vendors who hire an individual who holds a license, permit or registration issued by the Board shall contact the Bureau of Licensing to confirm that the individual's license, permit or registration is in good standing prior to allowing the individual to work in the licensed facility.
(Editor's Note: For a rulemaking affecting this document, see 40 Pa.B. 6083 (October 23, 2010).)
[Pa.B. Doc. No. 10-1999. Filed for public inspection October 22, 2010, 9:00 a.m.]
