PENNSYLVANIA GAMING CONTROL BOARD [58 PA. CODE CH. 437] Temporary Regulations; Vendor Key Employee Qualifiers and Key Employees [36 Pa.B. 3411]
[Saturday, July 1, 2006]The Pennsylvania Gaming Control Board (Board), under 4 Pa.C.S. § 1203(a) (relating to temporary regulations), adopts temporary regulations to facilitate implementation of 4 Pa.C.S. Part II (relating to gaming), enacted by the act of July 5, 2004 (P. L. 572, No. 71) (Act 71). The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board). Sections 437.11 and 437.12 are added to Chapter 437, entitled vendor registration and certification, under Subpart B, entitled licensing, registering, certifying and permitting.
Purpose and Background
Under 4 Pa.C.S. § 1203(a), the Board is authorized to promulgate temporary regulations to facilitate the prompt implementation of Act 71. The regulations are necessary to enhance the credibility of the licensed operation of slot machines and associated equipment within this Commonwealth and to carry out the policy and purposes of the Board. To invite public input, the Board published draft regulations on the Board's website and 10-day public comment period was provided.
Under 4 Pa.C.S. § 1203(b), the temporary regulations adopted by the Board expire no later than 3 years following the effective date of Act 71 or upon promulgation of regulations as generally provided by the law. These temporary regulations are not subject to sections 201--205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1208), known as the Commonwealth Documents Law (CDL), or to the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Financial Impact
Act 71 and the regulations will provide for the implementation and management of gaming within this Commonwealth and the collection of fees and taxes from entities and individuals authorized by the Board to be employed by, provide gaming related services to or operate gaming facilities. The appropriations from the Commonwealth for the implementation of Act 71 and costs of administering 4 Pa.C.S. Part II will be reimbursed by the licensed entities as specified within Act 71. Individuals and entities that wish to obtain licenses as gaming entities shall pay to the Gaming Fund significant licensing fees to obtain the authority to do business within this Commonwealth. Part of these fees shall reimburse the Board and the Pennsylvania State Police for licensing processes and background investigations. The licensing, registration, certification and permitting of individuals and other classes of applicants will be reimbursed by the applicants through fees established by the Board. It is anticipated that all expenses of the Board and all associated activities shall be reimbursed by the applicants and gaming entities as previously specified. The Board shall have no financial impact on the State budget.
Statutory Authority
The Board is authorized under 4 Pa.C.S. § 1203(a) to adopt and publish temporary regulations to implement the policies and purposes of Act 71.
Regulatory Review
Under 4 Pa.C.S. § 1203(b), the Board's authority to adopt temporary regulations expires 2 years from the effective date of Act 71.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1203(a), the temporary regulations are exempt from the requirements of the Regulatory Review Act and sections 201--205 of the CDL.
(2) A 10-day public comment period was held prior to the adoption of the temporary regulations.
(3) The adoption of the temporary regulations provided by this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Board, acting under the authorizing statute, orders that:
(a) The Board, acting under the authority of the Act 71, adopts as its final-form temporary regulations, the draft regulations as amended by resolution at the June 15, 2006, public meeting. The temporary regulations pertain to vendor key employee qualifiers and key employees.
(b) The temporary regulations of the Board, 58 Pa. Code Chapter 437, are amended by adding §§ 437.11 and 437.12 to read as set forth in Annex A.
(c) The temporary regulations are effective June 15, 2006.
(d) The temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The temporary regulations shall be subject to amendment as deemed necessary by the Board in accordance with the purpose of Act 71 and to further the intent of Act 71.
(f) The Chairperson of the Board shall certify this order and deposit the regulations with the Legislative Reference Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-28. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING CHAPTER 437. VENDOR REGISTRATION AND CERTIFICATION § 437.11. Key employee qualifier certification.
(a) Key employee qualifiers of certified vendors or applicants thereof, including natural persons and entities, shall obtain a key employee qualifier certification from the Board.
(b) Key employee qualifier applicants for certification and certified key employee qualifiers are subject to the requirements and waiver provisions of § 435.2 (relating to key employee qualifier license).
(c) Key employee qualifier certifications issued under this section are subject to renewal every 4 years. Applications for renewal shall be submitted to the Board at least 60 days prior to the expiration of the key employee qualifier certification. The application for renewal must include an update of the information contained in the initial and any prior renewal applications and the payment of any renewal fee required by the Board. A key employee qualifier certification for which a completed renewal application and fee has been received by the Board will continue in effect unless the Board sends written notification to the certified key employee qualifier that the Board has denied the key employee qualifier certification.
§ 437.12. Key employee certification.
(a) Key employees of certified vendors or applicants thereof, including natural persons and entities, shall obtain a key employee certification from the Board.
(b) Key employee applicants for certification and certified key employees are subject to the requirements and waiver provisions of § 435.3 (relating to key employee license).
(c) Key employee certifications issued under this section are subject to renewal every 4 years. Applications for renewal shall be submitted to the Board at least 60 days prior to the expiration of the key employee certification. The application for renewal must include an update of the information contained in the initial and any prior renewal applications and the payment of any renewal fee required by the Board. A key employee certification for which a completed renewal application and fee has been received by the Board will continue in effect unless and until the Board sends written notification to the certified key employee that the Board has denied the key employee certification.
[Pa.B. Doc. No. 06-1251. Filed for public inspection June 30, 2006, 9:00 a.m.]
