PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CH. 526 ] Credit; Temporary Regulations [40 Pa.B. 3511]
[Saturday, June 26, 2010]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1303A (relating to temporary table game regulations) enacted by the act of January 7, 2010 (P. L. 1, No. 1) (Act 1) and the specific authority in 4 Pa.C.S. §§ 1302A(9) and 1327A (relating to regulatory authority; and other financial transactions), adopts temporary regulations in Chapter 526 (relating to credit) to read as set forth in Annex A. The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board) as part of Subpart K (relating to table games).
Purpose of the Temporary Rulemaking
This temporary rulemaking adds provisions regarding the application for, issuance of, and administration and recordkeeping regarding credit given to a patron by a certificate holder.
Explanation of Chapter 526
Section 526.1 (relating to definitions) contains definitions for terms that are used in this chapter.
Section 526.2 (relating to internal control requirements) requires certificate holders who elect to offer credit to patrons to include the procedures that the certificate holders will use as part of their internal controls submissions to the Board. This will allow the Board to review the procedures to verify that they comply with this chapter.
Section 526.3 (relating to application and verification procedures for granting credit) contains the information that must be included in an application for credit filed by a patron and the procedures that the certificate holder shall follow to verify the information submitted by the patron and to insure that the patron is not on the voluntary credit suspension list, the self-exclusion list and the list of persons required to be excluded.
Section 526.4 (relating to approval of credit limits) sets forth the requirements regarding the approval of credit including: who is authorized to approve credit; what information must be included in the patron's credit file regarding the approval; and the procedures to be followed when a patron requests an increase in their credit limit.
Section 526.5 (relating to derogatory information; reduction or suspension of credit) permits a certificate holder to reduce or suspend a patron's credit limit at any time. It also addresses a certificate holder's obligations concerning the receipt and reporting of derogatory information; requires the suspension of credit if a patron's check is returned; and the procedures that shall be followed before a patron's credit may be reinstated.
Section 526.6 (relating to additional reverification requirements) requires a certificate holder to reverify a patron's credit information if the patron has not used credit within the last 24 months or whenever the certificate holder has reason to believe that some of the information may have changed.
Section 526.7 (relating to patron credit transactions) requires that all credit transactions be recorded in the patron's credit file and lists the specific information regarding each transaction that must be included.
Section 526.8 (relating to recordkeeping requirements) sets forth the recordkeeping requirements certificate holders will have to meet regarding Counter Checks and personal checks received to redeem or in substitution for Counter Checks. Certificate holders will be required to keep a log of all Counter Checks and related personal checks to keep track of the issuance, redemption and substitution for Counter Checks.
Section 526.9 (relating to voluntary credit suspension list) states that the Board will maintain and distribute to certificate holders a voluntary credit suspension list. This list is required by Act 1 and will contain the names and other relevant identifying information regarding individuals who have elected to be put on the list which will prohibit a certificate holder from extending credit to the individual.
Section 526.10 (relating to request for voluntary credit suspension) sets forth the procedure an individual shall follow to be placed on the voluntary credit suspension list. To be put on the list, an individual will be required to fill out an application form (Request for Voluntary Credit Suspension) and present government-issued photo identification.
Section 526.11 (relating to reinstatement of credit and removal from the voluntary credit suspension list) sets forth the procedure an individual shall follow to be removed from the voluntary credit suspension list. To be removed from the list, an individual will be required to fill out a form requesting removal (Request for Removal From the Voluntary Credit Suspension List) and present government-issued photo identification. While requests to be placed on the list may be filed at a licensed facility or one of the Board's offices, a request for removal from the list may only be submitted at one of the Board's offices.
Section 526.12 (relating to duties of certificate holders) lists the obligations of certificate holders regarding the voluntary credit suspension list. Certificate holders will be required to do the following: maintain a current copy of the list; suspend the credit of an individual who is placed on the list; record the placement on or removal from the voluntary credit suspension list in a patron's credit file; and disseminate information about the voluntary credit suspension list program to patrons.
Section 526.13 (relating to requirements for Counter Checks; issuance of Counter Checks) establishes the specification for Counter Checks, which are the forms that are used to effectuate the issuance of credit. It also sets forth the procedures that shall be followed when issuing a Counter Check and the distribution of the copies of a Counter Check.
Section 526.14 (relating to redemption of Counter Checks) specifies the processes that can be used to redeem or partially redeem an outstanding Counter Check (either in person or through the mail) and requires a redemption or partial redemption to be recorded in the patron's credit file.
Section 526.15 (relating to substitution of Counter Checks) sets forth the provisions governing the substitution of a personal check for a Counter Check.
Section 526.16 (relating to deposit of Counter Checks and personal checks substituted for Counter Checks) establishes the time frames within which an unredeemed Counter Check or personal check that has been substituted for a Counter Check shall be deposited.
Section 526.17 (relating to collection of returned checks) sets forth the procedures that shall be met regarding a certificate holder's attempts to collect on a Counter Check or personal check that has been returned by the patron's bank.
Affected Parties
This temporary rulemaking will affect certificate holders who elect to offer credit and patrons who apply for and receive credit.
Fiscal Impact
Commonwealth
The Board expects that this temporary rulemaking will not have direct impact on the Board or other Commonwealth agencies. Internal controls submitted by certificate holders related to credit will be reviewed by existing Board staff.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions of this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private sector
Certificate holders who elect to offer credit to patrons will have to develop procedures governing the credit application process and procedures for administering credit and the use of Counter Checks. These procedures will be part of the certificate holder's internal controls which shall be submitted to the Board for approval. Because credit must be interest free, the certificate holder will have to absorb costs regarding the issuance of credit.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork Requirements
If a certificate holder elects to offer credit, the certificate holder will have to develop forms and recordkeeping systems to keep track of the issuance and redemption of credit.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.
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 this temporary regulation 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 Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-123.
Contact Person
The contact person for questions about this temporary rulemaking is Richard Sandusky, Director of Regulatory Review at (717) 214-8111.
Regulatory Review
Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which 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 (CDL), the Regulatory Review Act (71 P. S. §§ 745.1—745.12); and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P. S. §§ 732-204(b) and 732-301(10)). These temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1303A, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the CDL and sections 204(b) and 301(10) 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 gaming).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(a) The temporary regulations of the Board, 58 Pa. Code Chapter 526, are amended by adding §§ 526.1—526.17 to read as set forth in Annex A.
(b) The temporary regulations are effective June 26, 2010.
(c) The temporary regulations shall be posted on the Board's web site and published in the Pennsylvania Bulletin.
(d) The temporary regulations shall be subject to amendment as deemed necessary by the Board.
(e) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
GREGORY C. FAJT,
ChairpersonFiscal Note: 125-123. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart K. TABLE GAMES CHAPTER 526. CREDIT Sec.
526.1. Definitions. 526.2. Internal control requirements. 526.3. Application and verification procedures for granting credit. 526.4. Approval of credit limits. 526.5. Derogatory information; reduction or suspension of credit. 526.6. Additional reverification requirements. 526.7. Patron credit transactions. 526.8. Recordkeeping requirements. 526.9. Voluntary credit suspension list. 526.10. Request for voluntary credit suspension. 526.11. Reinstatement of credit and removal from the voluntary credit suspension list. 526.12. Duties of certificate holders. 526.13. Requirements for Counter Checks; issuance of Counter Checks. 526.14. Redemption of Counter Checks. 526.15. Substitution of Counter Checks. 526.16. Deposit of Counter Checks and personal checks substituted for Counter Checks. 526.17. Collection of returned checks. § 526.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Counter Check—A form provided to a patron who receives a credit advance which contains the account information for the personal checking account designated in the patron's application for credit under § 526.3(a)(4) (relating to application and verification procedures for granting credit).
Credit clerk—An employee of the cage or credit department who is responsible for receiving, processing and verifying the information in credit applications from patrons and who does not have authority to grant credit or credit limit increases.
Derogatory information—Information regarding a patron's credit accounts that are partially or completely uncollectible, checks returned unpaid by a patron's bank, settlements, liens, judgments or any other credit problems of a patron.
§ 526.2. Internal control requirements.
Each certificate holder who issues credit shall include procedures in the certificate holder's internal controls to implement the requirements in this chapter.
§ 526.3. Application and verification procedures for granting credit.
(a) A patron who wants to obtain credit from a certificate holder shall file a credit application with the certificate holder which contains, at a minimum, the following information:
(1) The patron's name.
(2) The address of the patron's residence.
(3) The patron's telephone number.
(4) Bank account information including:
(i) The name and location of the patron's bank.
(ii) The account number of the patron's personal checking account upon which the patron is individually authorized to draw and upon which all Counter Checks will be drawn. Checking accounts of sole proprietorships shall be considered as personal checking accounts. Partnership or corporate checking accounts will not be considered personal checking accounts.
(5) The credit limit requested by the patron.
(6) The approximate amount of the patron's current indebtedness.
(7) The amount and source of income in support of the requested credit limit.
(8) The patron's signature indicating acknowledgement of the following statement, which must be included at the bottom of the credit application form containing the information required to be submitted under this subsection: ''I certify that I have read and understand this application and its terms and I execute this document voluntarily and with full knowledge of its significance. I authorize (insert the name of the certificate holder) to conduct any investigations necessary for the approval of my credit limit. I am aware that this application is required by the regulations of the Pennsylvania Gaming Control Board. I understand that a Counter Check issued by (insert name of certificate holder) is identical to a personal check and may be deposited in or presented for payment to my bank or other financial institution. I acknowledge that willfully drawing or passing a credit instrument with the intent to defraud, including knowing there are insufficient funds in my account, is a crime in this Commonwealth that may result in criminal prosecution. I am also aware that providing false or misleading statements or omitting information on this application may subject me to civil or criminal penalties.''
(b) Upon receipt of an application for credit, a confidential credit file for that patron containing all of the information required under subsection (a) shall be prepared by a credit clerk either manually or by computer prior to the certificate holder's approval of a patron's credit limit. Patron credit limits including changes to the credit limit must be supported by the information contained in the patron's credit file.
(c) Prior to a certificate holder's approval of a patron's credit limit, a credit clerk shall:
(1) Verify the address of the patron's residence. Verification of the address of the patron's residence shall be satisfied by confirming the patron's address with a credit bureau or bank. If neither of these sources has the patron's address on file or will not provide the information, the credit clerk may use an alternative source which shall not include any identification credentials or other documentation presented by the patron at the licensed facility. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron's credit file. Verification of the patron's address may be performed telephonically.
(2) Verify the patron's current casino credit limits and outstanding balances, which includes the following:
(i) The date each of the patron's casino credit accounts was established.
(ii) The amount of the current approved credit limits at any other casinos.
(iii) The current balance and status of the patron's credit account at each casino including checks deposited by a casino that have not yet cleared the bank and any derogatory information.
(iv) Verification of information required under subparagraphs (i)—(iii) must be performed through a casino credit bureau and, if appropriate, through direct contact with other casinos. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron's credit file. If casino credit information regarding the patron is not available from these sources, this fact shall be noted in the patron's credit file. The verification may be performed telephonically prior to the credit approval provided the credit clerk requests written documentation of the information as soon as possible and includes written documentation of the request in the patron's credit file. Requests for written documentation shall be maintained in the patron's credit file until the documentation is obtained.
(3) Verify the patron's outstanding indebtedness. Verification of the patron's outstanding indebtedness shall be performed by contacting a consumer credit bureau, which is reasonably likely to possess information concerning the patron, and a casino credit bureau to determine if the applicant has any liabilities or if there is any derogatory information concerning the patron's credit history. If contact with a consumer and casino credit bureau is not immediately possible, the credit clerk may use an alternative source which has made the required contact. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron's credit file. If either one or both of these credit bureaus do not have information regarding a patron's outstanding indebtedness, this fact shall be recorded in the patron's credit file. The verification may be performed telephonically prior to the credit approval provided the credit clerk requests written documentation of the information obtained as soon as possible and includes written documentation of the request in the patron's credit file. Requests for written documentation shall be maintained in the patron's credit file until the documentation is obtained.
(4) Verify the patron's personal checking account information which includes, but not be limited to, the following:
(i) Type of account (personal or sole proprietorship).
(ii) Account number.
(iii) Date the account was opened.
(iv) Average balance of the account for the last 12 months.
(v) Current balance in the account.
(vi) Whether the patron can sign individually on the account.
(vii) Name and title of the person supplying the information.
(viii) Verification of information required under subparagraphs (i)—(vii) shall be performed by the credit clerk or a bank verification service directly with the patron's bank. A bank verification service utilized by a certificate holder may make use of another bank verification service to make direct communication with the patron's bank. If the information is not immediately available, the credit clerk may use an alternative source. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron's credit file. The verification may be performed telephonically prior to the credit approval provided the credit clerk or bank verification service requests written documentation of all information obtained as soon as possible and the request for written documentation is included in the patron's credit file. Requests for written documentation shall be maintained in the patron's credit file until the documentation is obtained. If a bank verification service is used as a primary source of verification, either directly by a certificate holder or by another bank verification service, each service and the certificate holder shall record the date that the patron's personal checking account information was obtained from the bank by the service.
(5) Verify that the patron's name is not on:
(i) The master list of individuals who have voluntarily requested suspension of credit privileges under § 526.9 (relating to voluntary credit suspension list).
(ii) The list of individuals who have voluntarily placed themselves on the self-exclusion list under Chapter 503a (relating to self-exclusion).
(iii) The list of individuals who have been placed on the exclusion list under Chapter 511a (relating to persons required to be excluded).
(d) Verifications performed by a credit clerk under subsection (c), which are required to be recorded in the patron's credit file, must be accompanied by the signature of the credit clerk who performed the required verifications or filed the relevant information. The date and time of the signature of the credit clerk shall be recorded either electronically or manually contemporaneously with the verification.
(e) A certificate holder may only request credit information concerning a patron from another certificate holder if the patron has credit or has applied for credit with the certificate holder. When requesting credit information on a patron from another certificate holder, the requesting certificate holder shall provide the patron's name, address of the patron's residence and the name and location of the patron's bank with the request. Upon receipt of this information, the certificate holder receiving the request shall furnish to the requesting certificate holder any credit information in its possession concerning the patron.
(f) Unless a patron has already established a patron signature file under § 465a.20(c) (relating to personal check cashing), a patron who has been approved for credit may not be issued a Counter Check until the certificate holder has established a signature file for the patron in accordance with § 465a.20(c).
§ 526.4. Approval of credit limits.
(a) A credit limit, and any changes thereto, shall be approved by either:
(1) Two or more employees holding the job positions of credit manager, assistant credit manager, credit shift manager, credit executive or other key employee in a direct reporting line above the credit manager.
(2) A credit committee composed of at least two of the employees in paragraph (1) which may approve credit as a group.
(b) The approval of credit shall be recorded in the patron's credit file and include:
(1) Other information used to support the credit limit and changes thereto, including the source of the information, if the information is not otherwise required to be recorded under this section.
(2) A brief summary of the key factors relied upon in approving or reducing the requested credit limit and any changes thereto.
(3) If derogatory information was obtained during the verification process, the reason credit was approved.
(4) The signatures of the employees approving the credit limit, together with the date and time of the authorization, shall be recorded before any actual extension of credit.
(c) Prior to approving a credit limit increase, an employee of the certificate holder's credit department shall:
(1) Obtain a written request from the patron which includes:
(i) The date and time of the patron's request.
(ii) The amount of credit limit increase requested by the patron.
(iii) The signature of the patron.
(2) Reverify the patron information required under § 526.3(c) (relating to application and verification procedures for granting credit).
(3) Consider the patron's player rating based on a continuing evaluation of the amount and frequency of play subsequent to the patron's initial receipt of credit.
(4) Include the information and documentation required under paragraphs (1)—(3) in the patron's credit file.
§ 526.5. Derogatory information; reduction or suspension of credit.
(a) A certificate holder may reduce or suspend a patron's credit limit at any time.
(b) Derogatory information concerning a patron's credit account shall be reported by each certificate holder on a daily basis to the casino credit bureau used by the certificate holders. Each certificate holder shall request written documentation of any derogatory information pertaining to its patrons to be reported to that certificate holder on a daily basis by the casino credit bureau used by the certificate holders. Documentation obtained from the casino credit bureau shall be maintained in the patron's credit file.
(c) Whenever derogatory information is received by a certificate holder's credit department regarding the patron's continued creditworthiness other than a returned check, the certificate holder's credit department shall reverify the patron's address, current casino credit limits and outstanding balances, outstanding indebtedness, and personal checking account information, as required under § 526.3(c)(1)—(4) (relating to application and verification procedures for granting credit).
(d) A patron having a check returned to any certificate holder unpaid by the patron's bank shall have credit privileges suspended at all licensed facilities until the returned check has been paid in full.
(e) If a patron's credit privileges have been suspended, the certificate holder's credit department shall reverify the patron's address, current casino credit limits and outstanding balances, outstanding indebtedness, and personal checking account information, as required under § 526.3(c)(1)—(4), before that patron's credit privileges are reinstated.
§ 526.6. Additional reverification requirements.
(a) Prior to the issuance of credit to a patron whose credit file has been inactive for a 24-month period, the certificate holder's credit department shall:
(1) Reverify the patron's address, current casino credit limits and outstanding balances at other casinos, outstanding indebtedness, personal checking account information, as required under § 526.3(c)(1)—(5) (relating to application and verification procedures for granting credit).
(2) Verify that the patron is not on the list of patrons who have requested suspension of their credit privileges.
(3) Verify that the patron is not on the list of individuals who are on the self-exclusion list under Chapter 503a (relating to self-exclusion).
(4) Verify that the patron is not on the exclusion list under Chapter 511a (relating to persons required to be excluded).
(b) The certificate holder's credit department shall reverify the information required under § 526.3(a)(2) and (4), in accordance with the procedures in § 526.3(c)(1) and (4), whenever the certificate holder has reason to believe that this information has changed.
§ 526.7. Patron credit transactions.
(a) Transactions affecting a patron's outstanding indebtedness to the certificate holder shall be recorded in chronological order in the patron's credit file. Credit transactions shall be recorded separately from transactions regarding customer deposits under § 465a.23 (relating to customer deposits). The following information shall be included:
(1) The date, amount and check number of each Counter Check accepted from the patron.
(2) The date, method, amount and, if applicable, the personal check number of each redemption transaction and the check number of the Counter Check returned to the patron.
(3) The date, amount and check number of each personal check used for a substitution transaction and the check number of the Counter Check returned to the patron.
(4) The date, amount and check number of each Counter Check deposited.
(5) The date, amount and check number of each personal check or Counter Check returned to the certificate holder by the patron's bank and the reason for its return.
(6) The outstanding balance after each transaction.
(7) The date, amount and check number of any Counter Checks or personal checks that have been partially or completely written off by the certificate holder, and a brief explanation of the reason for the write off.
§ 526.8. Recordkeeping requirements.
(a) A log of Counter Checks exchanged and of personal checks received for redemption or substitution shall be prepared, manually or by computer, on a daily basis. The log must include, at a minimum, the following:
(1) The balance of the Counter Checks on hand in the cashier's cage at the beginning of each shift.
(2) For Counter Checks initially accepted and for personal checks received for redemption or substitution:
(i) The date of the check.
(ii) The name of the drawer of the check.
(iii) The amount of the check.
(iv) The serial number for each Counter Check received.
(v) An indication as to whether the check was initially accepted or received in a redemption or substitution.
(3) For Counter Checks deposited, redeemed by patrons with cash, cash equivalents, gaming chips and plaques, or any combination thereof, or substituted:
(i) The date on which the Counter Check was deposited, redeemed or substituted.
(ii) The name of the drawer of the Counter Check.
(iii) The amount of the Counter Check.
(iv) The serial number for each Counter Check deposited, redeemed or substituted.
(v) An indication as to whether the Counter Check was deposited, redeemed or substituted.
(4) The balance of the Counter Checks on hand at the end of each shift.
(b) A list of all Counter Checks on hand, and of all personal checks received for redemption or substitution shall be prepared, manually or by computer, on a monthly basis and include the following:
(1) The date of the check.
(2) The name of the drawer of the check.
(3) The amount of the check.
(4) The serial number for each Counter Check received.
(c) At the end of each gaming day, the following procedures shall be performed:
(1) The daily total of the amounts of Counter Checks initially recorded as described in subsection (a)(2) shall be reconciled to the daily total of Counter Checks issued.
(2) The daily total of the checks indicated as deposited on a log required by subsection (a)(3) shall be reconciled to the bank deposit slips corresponding to the checks by employees with no incompatible functions.
(3) The balance required under subsection (a)(4) shall be reconciled to the total of the Counter Checks on hand in the cashiers' cage.
§ 526.9. Voluntary credit suspension list.
(a) The Board will maintain a voluntary credit suspension list of all individuals who have requested suspension of credit privileges and will provide a current list of these individuals to the credit department of each certificate holder.
(b) The list provided to certificate holders must contain the following information for each individual on the list:
(1) The individual's name, including any aliases or nicknames.
(2) The individual's address.
(3) The individual's date of birth.
(c) Information furnished to or obtained by the Board or a certificate holder under this chapter will be deemed confidential and may not be disclosed except in accordance with this chapter.
§ 526.10. Request for voluntary credit suspension.
(a) An individual may request the suspension of the individual's credit privileges at all licensed facilities by submitting, in person, a completed Request for Voluntary Credit Suspension Form to the credit department of a certificate holder or to the Board. A submission to the Board may be made at the Board's office at a licensed facility, at the Board's Harrisburg office or one of the Board's regional offices. A Request for Voluntary Credit Suspension Form submitted to the credit department of a certificate holder shall be forwarded to the Bureau of Casino Compliance within 24 hours.
(b) The Request for Voluntary Credit Suspension Form must also include the following statement: ''I certify that I have read and understand this request to be placed on the voluntary credit suspension list and that I knowingly and voluntarily execute this document. I am aware that my signature below authorizes the Pennsylvania Gaming Control Board to direct all Pennsylvania certificate holders to suspend my credit privileges until such time as I submit a written request to the Board for the reinstatement of my credit privileges. I also understand that under § 1327A(i) of the Pennsylvania Race Horse Development and Gaming Act, all certificate holders shall not be liable for any claims, damages, losses, expenses or for any harm, monetary or otherwise, that may arise as a result of the failure of a certificate holder to restore credit privileges to me or otherwise permit me to engage in gaming activity in the licensed facility while on the voluntary credit suspension list.''
(c) An individual requesting to be placed on the voluntary credit suspension list shall be required to present a government-issued photo identification containing the person's signature and photograph when the individual submits the Request for Voluntary Credit Suspension form.
§ 526.11. Reinstatement of credit and removal from the voluntary credit suspension list.
(a) An individual on the voluntary credit suspension list may, at any time, request removal from the voluntary credit suspension list by submitting a Request for Removal From the Voluntary Credit Suspension List form to the Board. The request may be made at the Board's office at a licensed facility, at the Board's Harrisburg office or one of the Board's regional offices.
(b) The Request for Removal From the Voluntary Credit Suspension List Form must also include the following statement: ''I certify that I have read and understand this request to be removed from the voluntary credit suspension list and that I knowingly and voluntarily execute this document. I am aware that my signature below will result in the Pennsylvania Gaming Control Board notifying all Pennsylvania certificate holders that I have been removed from the voluntary credit suspension list.''
(c) An individual requesting to be removed from the voluntary credit suspension list shall be required to present a government-issued photo identification containing the person's signature and photograph when the individual submits the Request for Removal From the Voluntary Credit Suspension List form.
(d) Within 3 business days after the Request for Removal From the Voluntary Credit Suspension List form is signed, the Board will delete the name of the individual from the voluntary credit suspension list and will notify each certificate holder of the removal.
§ 526.12. Duties of certificate holders.
(a) A certificate holder shall maintain a copy of the voluntary credit suspension list and ensure that the copy of the list is updated within 24 hours after the certificate holder receives an updated list from the Board.
(b) A certificate holder shall immediately suspend the credit privileges of any individual upon receipt of notice that the individual has been added to the voluntary credit suspension list.
(c) If an individual has an existing credit file, the certificate holder shall note any voluntary credit suspension or removal from the voluntary credit suspension list in the credit file. A copy of the applicable Board notice of the voluntary suspension or removal from the voluntary credit suspension list and the date, time and signature of the credit department representative making the suspension or removal entry shall be included in the individual's credit file.
(d) Upon receipt of notice that an individual's name has been removed from the voluntary credit suspension list, the certificate holder may reinstate the individual's credit after reverifying the information as required under § 526.3(c) (relating to application and verification procedures for granting credit).
(e) A certificate holder shall establish procedures to ensure that an individual who is on the voluntary credit suspension list is not granted casino credit.
(f) Certificate holders shall disseminate written materials to patrons explaining the voluntary credit suspension program.
§ 526.13. Requirements for Counter Checks; issuance of Counter Checks.
(a) Counter Checks must be serially prenumbered forms. Each series of Counter Checks shall be used in sequential order and the series numbers of all Counter Checks received by a certificate holder shall be accounted for by employees with no incompatible functions.
(b) The original and all copies of void Counter Checks shall be marked ''VOID'' and require the signature of the individual who marked the Counter Check as void.
(c) For Counter Checks that are manually prepared:
(1) The Counter Checks must be a five-part form which consists of an original, a redemption copy, an accounting copy, an issuance copy and an acknowledgement copy.
(2) Counter Checks must be attached in a book that will:
(i) Permit an individual to write on the original copy of the Counter Check and all of the other copies simultaneously, while still contained in the book.
(ii) Allow the removal of the original and all duplicate copies.
(3) Access to the Counter Checks shall be maintained and controlled at all times by the finance department employees responsible for the control of and accounting for the unused supply of Counter Checks, and the table games department employees responsible for the preparation of Counter Checks for a patron's signature.
(d) For Counter Checks that are prepared by computer:
(1) The Counter Checks must be a four-part form which consists of an original, a redemption copy, an issuance copy and an accounting copy.
(2) The Counter Checks shall be inserted in a printer that will simultaneously print an original and the other copies.
(3) The information printed on the original Counter Check and the other copies shall be stored in machine-readable form. The stored data must not be susceptible to change or removal by any personnel after preparation of a Counter Check.
(e) For a Counter Check exchanged at a gaming table, a pit clerk or above shall:
(1) Verify the patron's identity by either:
(i) Obtaining the patron's signature, on a form, which shall be compared to the signature contained within a patron signature file. The pit clerk or above shall sign the form indicating that the signature of the patron on the form appears to agree with the signature in the patron signature file. The form shall be attached to the accounting copy of the Counter Check exchanged by the patron prior to forwarding it to the accounting department. After the patron's identity has been verified by the pit clerk or above, the requirements for subsequent verification of the patron's identity during the same shift and in the same gaming pit may be satisfied by the employee who performed the initial verification signing a form attesting to the patron's identity before each subsequent Counter Check is exchanged. The form must include the patron's name and the serial number of the initial Counter Check exchanged by the patron. The form shall be attached to the accounting copy of the subsequent Counter Check prior to forwarding the accounting copy to the accounting department.
(ii) Obtaining the attestation of a floorperson or above as to the identity of the patron. The floorperson or above shall record his Board credential number and sign a form attesting to the patron's identity. The form shall be attached to the accounting copy of the Counter Check exchanged by the patron prior to forwarding it to the accounting department.
(2) Determine the patron's remaining credit limit from the cashier's cage.
(3) Prepare the Counter Check for the patron's signature by recording or by electronically inputting, the following information:
(i) The name of the patron exchanging the Counter Check.
(ii) The current date and time.
(iii) The amount of the Counter Check expressed in numerals.
(iv) The game and table number.
(v) The signature of the floorperson or above authorizing acceptance of the check.
(vi) The signature of the preparer or, if computer prepared, the identification code of the preparer.
(4) Place an impression on the back of the original Counter Check a restrictive endorsement ''for deposit only'' to the certificate holder's bank account.
(5) Present the original and all duplicate copies of the Counter Check to the patron for signature. However, a certificate holder may, in accordance with its approved internal controls, require the patron to sign the original Counter Check only and have a computer generated facsimile of the signature exemplar obtained from the patron's signature file preprinted on the redemption, issuance and accounting copies of a computer prepared Counter Check if:
(i) The patron's signature has previously been recorded in a patron signature file in conformance with § 465a.20 (relating to personal check cashing).
(ii) A legible copy of the signed original Counter Check is made by the certificate holder prior to the presentment of the original Counter Check for collection or payment in accordance with this chapter. The copy shall be maintained by the certificate holder and be available for inspection by representatives of the Board upon request.
(6) Receive the signed Counter Check directly from the patron. The issuance copy of the Counter Check shall then be immediately given to the dealer or boxperson to be exchanged for value chips or gaming plaques. A certificate holder may allow a dealer or boxperson to give the patron value chips or gaming plaques before the patron has signed the Counter Check if the certificate holder includes procedures in the certificate holder's internal controls to verify the patron's identity and available credit limit prior to giving the patron the value chips or gaming plaques.
(i) The original, redemption and, if applicable, the acknowledgement copies of the Counter Check shall be expeditiously transported to the cashiers' cage where the original and redemption copies shall be maintained and controlled by the cage cashier designated to act as the check bank cashier.
(ii) The accounting copy of the Counter Check shall be maintained and controlled by the pit clerk or above until forwarded to the accounting department as required under subsection (h).
(iii) The issuance copy of the Counter Check shall be deposited by the dealer or boxperson in the drop box.
(f) The cage cashier designated to act as the check bank cashier shall sign and time stamp the acknowledgement copy of the Counter Check and expeditiously return it to the pit clerk or above by means of a security department member.
(g) The acknowledgement copy of the Counter Check returned to the pit clerk or above shall be reconciled with the accounting copy and maintained and controlled by the pit clerk or above until forwarded to the accounting department as required under subsection (h).
(h) At the end of each gaming day the following procedures and requirements shall be observed:
(1) The original and all copies of voided Counter Checks shall be forwarded to the accounting department.
(2) The accounting and acknowledgement copies of Counter Checks retained by the pit clerk or above shall be forwarded to the accounting department for agreement with the issuance copy of the Counter Check removed from the drop box or stored data.
(3) The redemption copy of a Counter Check shall be forwarded to the accounting department subsequent to the redemption or deposit of the original Counter Check for agreement with the accounting and issuance copies of the Counter Check or stored data.
§ 526.14. Redemption of Counter Checks.
(a) A patron may redeem or partially redeem a Counter Check that has not been deposited by exchanging cash, cash equivalents, a check issued by the slot machine licensee to the patron, value chips, gaming plaques or any combination thereof, in an amount less than or equal to the amount of the Counter Check being redeemed.
(b) When a patron elects to redeem or partially redeem a Counter Check that has not been deposited by exchanging a personal check for the Counter Check being redeemed, the personal check must meet one of the following conditions:
(1) The personal check must be drawn on the bank account in patron's credit file upon which all Counter Checks are to be drawn.
(2) The validity of the personal check shall be verified directly with the financial institution upon which the personal check is drawn.
(3) An authorization and guarantee of the personal check shall be obtained from a check verification and warranty service that is a registered or certified gaming service provider.
(c) The $2,500 per day limitation on acceptance of personal checks in § 465a.20(b)(6) (relating to personal check cashing) does not apply to the redemption or partial redemption of Counter Checks.
(d) If a patron has more than one unredeemed Counter Check, the most recently dated Counter Check shall be redeemed or partially redeemed first.
(e) Except as provided in subsection (h), a patron shall initiate all redemptions or partial redemptions at the cashier's cage.
(f) When a patron redeems a Counter Check at the cashiers' cage, the cage cashier shall verify the identity of the patron and, after receiving the cash, cash equivalents, a check issued by the slot machine licensee to the patron, value chips, gaming plaques or any combination thereof, shall return the original Counter Check to the patron.
(g) When a patron partially redeems a Counter Check at the cashiers' cage, the cage cashier shall verify the identity of the patron and, after receiving the cash, cash equivalents, a check issued by the slot machine licensee to the patron, value chips, gaming plaques or any combination thereof, shall prepare a replacement Counter Check for the unredeemed balance. The replacement Counter Check shall be dated with the date of the Counter Check being redeemed. After the replacement Counter Check has been completed, the Counter Check being redeemed shall be returned to the patron.
(h) A patron may redeem a Counter Check by mail by sending a written request and cash equivalents, a check issued by the slot machine licensee to the patron, value chips, gaming plaques or any combination thereof, to the certificate holder. When a patron uses a personal check to redeem a Counter Check by mail, the personal check must meet one of the conditions in subsection (b).
(i) When a patron redeems a Counter Check by mail, the identity of the patron shall be verified by comparing the signature on the patron's written redemption request to the signature in the patron's signature file created under § 465a.20(c) or § 526.3(f) (relating to application and verification procedures for granting credit) and, after receiving the cash, cash equivalents, a check issued by the slot machine licensee to the patron, value chips, gaming plaques or any combination thereof, shall mark the original Counter Check ''void'' and mail it to the address in the patron's credit file.
(j) Any redemption or partial redemption of a Counter Check shall be recorded in the patron's credit file.
§ 526.15. Substitution of Counter Checks.
(a) A patron may substitute a personal check for a Counter Check if any of the following apply:
(1) The personal check is drawn on the bank account in patron's credit file upon which all Counter Checks are to be drawn.
(2) The validity of the personal check is verified directly with the financial institution upon which the personal check is drawn.
(3) An authorization and guarantee of the personal check is obtained from a check verification and warranty service that is a registered or certified gaming service provider.
(b) The $2,500 per day limitation on acceptance of personal checks in § 465a.20(b)(6) (relating to personal check cashing) does not apply to the substitution of Counter Checks.
(c) A patron shall initiate all substitutions at the cashier's cage.
(d) When a patron substitutes a personal check for a Counter Check, the cage cashier shall verify the identity of the patron and, after receiving the patron's personal check, shall return the original Counter Check to the patron.
(e) A personal check that is being substituted for a Counter Check shall be dated with the same date as the Counter Check for which it is being substituted.
(f) Any substitution of a Counter Check shall be recorded in the patron's credit file.
§ 526.16. Deposit of Counter Checks and personal checks substituted for Counter Checks.
(a) Counter Checks and personal checks that have been substituted for Counter Checks shall be deposited in accordance with the time periods established in the certificate holder's internal controls. The time periods established by a certificate holder may not exceed:
(1) Fifteen days after the date of the Counter Check or the date on the personal check that has been substituted for the Counter Check if the amount of the check is less than $5,000.
(2) Thirty days after the date of the Counter Check or the date on the personal check that has been substituted for the Counter Check if the amount of the check is $5,000 or more.
(b) If the last day of a time period specified in subsection (a) falls on a Saturday, Sunday or Federal or State holiday, the time period runs until the next business day.
(c) Notwithstanding subsection (a)(2), a certificate holder may extend the deposit date up to an additional 15 days beyond the date specified in the certificate holder's internal controls for checks of $5,000 or more for good cause. The length of the extension and the reason for the extension shall be recorded in the patron's credit file.
§ 526.17. Collection of returned checks.
(a) A certificate holder may designate specific employees with no incompatible functions, including the certificate holder's general counsel or an outside attorney, to engage in efforts to collect Counter Checks or personal checks returned by a patron's bank.
(b) The certificate holder, and any outside attorney acting on behalf of the certificate holder, that is engaged in efforts to collect returned checks shall comply with applicable Federal and State laws pertaining to debt collection including, but not limited to, the Fair Debt Collection Practices Act (15 U.S.C.A. §§ 1692—1692p), the Fair Credit Extension Uniformity Act (73 P. S. §§ 2270.1—2270.5) and the Unfair Trade Practices and Consumer Protection Law (73 P. S. §§ 201-1—210-6).
(c) The certificate holder shall include in the patron's credit file copies of all statements and other documents supporting collection efforts.
(d) The certificate holder shall maintain records, for the Board's inspection, that describe credit collection arrangements and any written contracts entered into with an outside attorney engaged in efforts to collect Counter Checks or personal checks returned by a patron's bank on behalf of the certificate holder.
[Pa.B. Doc. No. 10-1161. Filed for public inspection June 25, 2010, 9:00 a.m.]
