INDEPENDENT REGULATORY REVIEW COMMISSION Notice of Comments Issued [40 Pa.B. 1846]
[Saturday, April 3, 2010]Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 645.5b).
The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Reg. No. Agency/Title Close of the Public Comment Period IRRC Comments Issued 125-108 Pennsylvania Gaming Control Board
Principal Licensing Amendments
40 Pa.B. 434
(January 16, 2010)2/16/10 3/18/10 ____
Pennsylvania Gaming Control Board
Regulation #125-108 (IRRC #2814)Principal Licensing Amendments March 18, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the January 16, 2010 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.
1. Section 433a.2. Officers and directors of licensees.—Reasonableness; Economic impact.
Shuffle Master, Inc. commented that the 30-day time period in Subsection (e) is unduly burdensome and is not enough time to accurately complete the amount of information required by the designated disclosure forms. In addition, Shuffle Master, Inc. suggests allowing time extensions. The Board should review the required time period of 30 days, explain why 30 days is reasonable and also consider allowing extensions on a case-by-case basis.
2. Section 433a.4. Interests in licensees held by entities.—Clarity.
Subsection (c) states ''[A]n entity that has acquired an interest or right . . . prior to being licensed, whose application is denied or withdrawn shall divest his interest or right.'' However, Subsection (c) does not provide a process or time frame to accomplish this divestiture.
Divestiture of a disqualifying applicant is explained in statute at 4 Pa.C.S. § 1312. We note that the statute includes other requirements such as a process to approve the terms and conditions of a divestiture. Also, the Board's regulation at 58 Pa. Code § 441a.8 describes divestiture in detail for a slot machine license, including a 120-day time period to divest. We recommend that the regulation provide more detail on how to accomplish divestiture, including a time frame to accomplish divestiture, similar to 58 Pa. Code § 441a.8.
3. Section 433a.5. Institutional investors.—Reasonableness; Clarity.
Shuffle Master, Inc.'s comments request that the final-form regulation include a specific time frame for filing the required documents under this section and allow an extension of time to file the documents. We agree that a time frame to file the documents is needed in section 433a.5 and recommend adding one. The Board should also consider whether a time extension provision is needed.
4. Section 433a.6. Lenders and underwriters.—Economic impact; Reasonableness.
The Washington Trotting Association, Inc. (WTA) commented that the amendments to this section are contrary to the Board's intention to eliminate or reduce the requirements to obtain a principal license. WTA believes that the amendments will cause more entities and lenders to file for licensure as a principal. We request that the Board explain how the proposed amendments will eliminate or reduce the requirement to obtain a principal license.
ARTHUR COCCODRILLI,
Chairperson[Pa.B. Doc. No. 10-624. Filed for public inspection April 2, 2010, 9:00 a.m.]
