PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CHS. 431a, 435a, 437a AND 451a ] Suppliers' Principal Place of Business; Temporary Credentials and Recordkeeping [38 Pa.B. 6496]
[Saturday, November 29, 2008]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and specific authority contained in 4 Pa.C.S. §§ 1311, 1311.1, 1311.2, 1317 and 1322, proposes to amend Chapters 431a, 435a, 437a and 451a to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
This proposed rulemaking sets forth requirements for suppliers' principal place of business; extends, from 120 days to 180 days, the time period for which a temporary credential issued to an applicant for a principal or key employee license is valid; corrects wording in § 437a.8 (relating to approved vendors list; prohibited vendors) and adds a process for approving an alternate location for the storage of records.
Explanation of Amendments to Chapters 431a, 435a, 437a and 451a
Section 1317(b)(1.2) of the act (relating to supplier licences) requires each supplier to establish and maintain a principal place of business in this Commonwealth. There has been some confusion on the part of suppliers as to what constitutes a principal place of business. To eliminate that confusion, the Board is proposing to amend § 431a.4 (relating to responsibilities of a supplier) to establish minimum requirements that must be met by a supplier when it establishes its principal place of business in this Commonwealth.
Currently, under § 435a.8 (relating to temporary credentials for principals and key employees), applicants for a principal or key employee license whose presence is necessary at a licensed facility may be issued a temporary credential. These temporary credentials are valid for 120 days and may be extended if the Board determines that additional time is needed to complete the investigation of the applicant. While many investigations are completed in 120 days, a significant number are not. This has resulted in the Board having to issue a large number of extensions, which requires the issuance of a new temporary credential.
To reduce the need to issue a large number of new temporary credentials, the Board is amending § 435a.8 to extend the time period for which a temporary credential for an applicant for a principal or key employee license will be valid from 120 days to 180 days.
In § 437a.8(b), the Board is replacing the word ''vendor'' with ''vendors'' to make the usage consistent with the rest of this section.
In § 451a.1 (relating to recordkeeping generally), a new subsection (c) is being added which will allow entities required to maintain records in this Commonwealth to seek approval of an alternate storage location from the Bureau of Licensing. While most entities regulated by the Board have a place of business in this Commonwealth, some manufacturers and vendors do not. This will give those entities an opportunity to request approval to store their records outside of this Commonwealth.
Affected Parties
This proposed rulemaking will affect suppliers, applicants for a principal or key employee license, and all regulated entities required to keep records and the Board.
Fiscal Impact
Commonwealth
Under this proposed rulemaking, the Board will have to issue fewer temporary credentials. While this will result in some reduction of costs for the Board, the amount is not anticipated to be significant. The Board issued approximately 300 temporary credentials to principal and key employee applicants last fiscal year. The Board also expects to receive a few requests to approval alternate record retention locations. These will be processed by existing staff and are not expected to have a significant cost impact on the Board.
Political Subdivisions
This proposed rulemaking will have no direct fiscal impact on political subdivisions of this Commonwealth.
Private Sector
Suppliers will have to meet the proposed minimum standards for their principal place of business in this Commonwealth. Since these requirements are minimal, the Board does not anticipate that they will impose any new significant costs on the four currently licensed suppliers. A few entities may experience some savings from the approval of an alternate location to store their records.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork requirements
As stated previously, the Board will be less likely to need to issue a second temporary credential.
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 #125-95.
Contact Person
The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review at (717) 214-8111.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 14, 2008, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee. 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: 125-95. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION CHAPTER 431a. SUPPLIER LICENSES § 431a.4. Responsibilities of a supplier.
(a) Within 1 year of the Board's issuance of a supplier license, the supplier shall establish and maintain a principal place of business in this Commonwealth. The principal place of business must be:
(1) Owned or leased by the supplier. If leased, the term of the lease must be at least as long as the term of the supplier's license.
(2) Where the supplier maintains all agreements, contracts and records, or copies thereof, pertaining to the supplier's business conducted in this Commonwealth.
(3) Large enough to accommodate all of the materials required under paragraph (2), the employees assigned to this office and the equipment required to carry out the employees' assigned duties.
(4) Equipped with a telephone.
(5) Staffed by at least one person during normal business hours.
(6) Open for inspection by Board personnel during normal business hours.
* * * * * CHAPTER 435a. EMPLOYEES § 435a.8. Temporary credentials for principals and key employees.
* * * * * (b) A temporary credential issued under this section is void [120] 180 days after the date of its issuance.
* * * * * CHAPTER 437a. VENDOR CERTIFICATION AND REGISTRATION * * * * * § 437a.8. Approved vendors list; prohibited vendors.
* * * * * (b) A slot machine licensee or applicant may not enter into an agreement or continue to do business with a vendor on the prohibited [vendor] vendors list.
* * * * * CHAPTER 451a. RECORDKEEPING REQUIREMENTS § 451a.1. Recordkeeping generally.
(a) All manufacturer, supplier, junket enterprise, management company and slot machine licensees and all registered and certified vendors shall maintain adequate records of business operations which shall be made available to the Board upon request. [These records shall be kept onsite in this Commonwealth in a place secure from theft, loss or destruction or at another secure location approved by the Board.] These records include:
* * * * * (c) The records required to be maintained under subsection (a) shall be kept onsite in this Commonwealth in a place secure from theft, loss or destruction or at another secure location approved by the Bureau of Licensing. A request to store records at another secure location outside of this Commonwealth may be submitted in writing to the Bureau of Licensing and include:
(1) The reason for the request.
(2) A description and the address of the proposed alternate location.
(d) Approval by the Bureau of Licensing of a request to store records at a location outside of this Commonwealth does not relieve the licensee of its duty to make the records available to the Board upon request.
[Pa.B. Doc. No. 08-2147. Filed for public inspection November 28, 2008, 9:00 a.m.]
