RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CH. 511]
Persons Required to be Excluded
[37 Pa.B. 1314]
[Saturday, March 24, 2007]Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2006-7-REG, the Board has the authority to amend the temporary regulations adopted on May 19, 2006, as it deems necessary in accordance with the purpose 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), as amended by the act of November 1, 2006 (P. L. 1243, No. 135) (Act 135) and to further the intent of Act 71. To respond to changes in the Board's program governing excluded persons, the Board has decided to make changes to the temporary regulations, dated May 19, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 36 Pa.B. 2905 (June 10, 2006).
Therefore, the Board has deposited amendments to Chapter 511 (relating to persons required to be excluded) with the Bureau. The amendments are effective as of February 27, 2007.
The temporary regulations of the Board in Chapter 511 are amended by amending Chapter 511 to read as set forth in Annex A.
Order
The Board, acting under the authorizing statute, orders that:
(a) Acting under the authority of Act 71, the amendments to the temporary regulations adopted by resolution at the February 27, 2007, public meeting are adopted. The amendments to the temporary regulations pertain to persons required to be excluded.
(b) The temporary regulations of the Board, 58 Pa. Code Chapter 511, are amended by deleting § 511.8 and amending §§ 511.1--511.7, 511.9 and 511.10 to read as set forth in Annex A.
(c) The amendments are effective February 27, 2007.
(d) The amendments to the temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The Chairperson of the Board shall certify this order and deposit the amendments to the temporary regulations with the Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-60. (1) State Gaming Fund; (2) Implementing Year 2006-07 is $50,000; (3) 1st Succeeding Year 2007-08 is $44,000; 2nd Succeeding Year 2008-09 is $45,000; 3rd Succeeding Year 2009-10 is $47,000; 4th Succeeding Year 2010-11 is $49,000; 5th Succeeding Year 2011-12 is $51,000; (4) 2005-06 Program--$26,400,000; 2004-05 Program--$13,200,000; 2003-04 Program--$2,900,000; (7) State Gaming Board; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart J. EXCLUSION
CHAPTER 511. PERSONS REQUIRED TO BE EXCLUDED § 511.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
Career or professional offender--A person, who for the purpose of economic gain, engages in activities that are deemed criminal violations under 18 Pa.C.S. (relating to crimes and offenses) or equivalent criminal violations in other jurisdictions, or engages in unlawful activities contained in section 1518(a) of the act (relating to prohibited acts; penalties).
Cheat--
(i) To alter, without authorization, the elements of chance, method of selection or criteria which determine:
(A) The result of a slot machine game.
(B) The amount or frequency of payment in a slot machine game.
(C) The value of a wagering instrument.
(D) The value of a wagering credit.
(ii) The term does not include altering for required maintenance and repair.
(iii) The term includes an act or acts in any jurisdiction that would constitute an offense under section 1518(a)(6) and (7) of the act.
Excluded person--A person who has been placed upon the exclusion list and who is required to be excluded or ejected from a licensed gaming facility.
Exclusion list--A list of names of persons who are required to be excluded or ejected from a licensed facility.
§ 511.2. Maintenance and distribution of the exclusion list.
(a) The Board will maintain a list of persons to be excluded or ejected from a licensed facility.
(b) The exclusion list will be open to public inspection at the Board's central office during normal business hours and will be distributed to every slot machine licensee within this Commonwealth, who shall acknowledge receipt thereof in writing or electronically.
(c) The following information will be provided to the slot machine licensees for each excluded person on the exclusion list:
(1) The full name and all aliases the person is believed to have used.
(2) A description of the person's physical appearance, including height, weight, type of build, color of hair and eyes and any other physical characteristics which may assist in the identification of the person.
(3) The person's date of birth.
(4) The date the person was added to the list.
(5) A recent photograph, if available.
(6) The last known address of record.
(7) Other identifying information available to the Board.
§ 511.3. Criteria for exclusion.
(a) The exclusion list may include a person who meets one or more of the following criteria:
(1) A career or professional offender whose presence in a licensed facility would, in the opinion of the Board, be inimical to the interest of the Commonwealth or a slot machine licensee, or both.
(2) An associate of a career or professional offender whose presence in a licensed facility would be inimical to the interest of the Commonwealth or a slot machine licensee, or both.
(3) A person who has been convicted of a criminal offense under the laws of any state, or of the United States, which is punishable by more than 1 year in prison, or who has been convicted of any crime or offense involving moral turpitude, and whose presence in a licensed facility would be inimical to the interest of the Commonwealth or a slot machine licensee, or both.
(4) A person whose presence in a licensed facility would be inimical to the interest of the Commonwealth or licensed gaming therein, including:
(i) Cheats.
(ii) Persons whose gaming privileges have been suspended by the Board.
(iii) Persons whose permits, licenses or other approvals have been revoked.
(iv) Persons who pose a threat to the safety of the patrons or employees of a slot machine licensee.
(v) Persons with a history of conduct involving the disruption of the gaming operations of slot machine licensees.
(vi) Persons subject to an order of a court of competent jurisdiction in this Commonwealth excluding those persons from licensed facilities.
(vii) Persons with pending charges or indictments for a gaming or gambling crime or a crime related to the integrity of gaming operations in this Commonwealth or another jurisdiction.
(viii) Persons who have been convicted of a gaming or gambling crime or crime related to the integrity of gaming operations in this Commonwealth or another jurisdiction.
(ix) Persons who have performed an act or have a notorious or unsavory reputation that would adversely affect public confidence and trust in gaming, including, being identified with criminal activities in published reports of various Federal and state legislative and executive bodies that have inquired into criminal or organized criminal activities.
(b) For purposes of subsection (a), a person's presence may be considered ''inimical to the interest of the Commonwealth or of licensed gaming therein'' if known attributes of the person's character and background meet one or more of the following criteria:
(1) Are incompatible with the maintenance of public confidence and trust in the credibility, integrity and stability of the operation of a licensed facility.
(2) May reasonably be expected to impair the public perception of, and confidence in, the strict regulatory process created by the act.
(3) Create or enhance a risk of the fact or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming or in the business or financial arrangements incidental thereto.
(c) A finding of inimicality may be based upon the following:
(1) The nature and notoriety of the character or background of the person.
(2) The history and nature of the involvement of the person with licensed gaming in this Commonwealth or another jurisdiction, or with a particular slot machine licensee or licensees or an affiliate, intermediary, subsidiary or holding company thereof.
(3) The nature and frequency of contacts or associations of the person with a slot machine licensee or licensees, or with employees or agents thereof.
(4) Other factors reasonably related to the maintenance of public confidence in the efficacy of the regulatory process and the integrity of gaming operations, the gaming industry and its employees.
(d) A person's race, color, creed, national origin or ancestry, or sex will not be a reason for placing the name of a person upon the exclusion list.
§ 511.4. Duties of the Bureau.
(a) The Bureau will, on its own initiative, or upon referral by a law enforcement agency or a slot machine licensee, investigate a person to determine whether the person meets the criteria for exclusion provided in section 1514 of the act (relating to regulation requiring exclusion of certain persons) and § 511.3 (relating to criteria for exclusion).
(b) If, upon completion of an investigation, the Bureau determines that an individual should be placed on the exclusion list, the Bureau will file a petition for exclusion with the Board, identifying the candidate and setting forth a factual basis for the petition. The petition must include information demonstrating that the individual satisfies the criteria for exclusion set forth under section 1514 or 1515 of the act (relating to repeat offenders excludable from licensed gaming facility) or this chapter.
(c) When the Bureau files a complaint alleging a violation of section 1514(e) of the act and § 511.9(b)(2) (relating to duties of slot machine licensees) against a slot machine licensee, the Bureau will file simultaneously a petition to exclude the person alleged in the complaint to meet the criteria for exclusion under § 511.3.
§ 511.5. Placement on the exclusion list.
(a) A person may be placed on the exclusion list:
(1) Upon the filing of a petition for exclusion by the Bureau in accordance with the procedures under § 511.4 (relating to duties of the Bureau).
(2) Upon receipt of an order from a court of competent jurisdiction within this Commonwealth, excluding the person from licensed facilities.
(b) The placement of a person on the exclusion list shall have the effect of requiring the exclusion or ejection of the excluded person from licensed facilities.
(c) An excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any gaming activity for the entire period of time that the person is on the Board's exclusion list.
(d) Winnings incurred by an excluded person shall be remitted to the Board to support compulsive and problem gambling programs.
(e) For the purposes of this section, winnings issued to, found on or about, or redeemed by an excluded person shall be presumed to constitute winnings subject to remittance to the Board.
§ 511.6. Demand for hearing on the placement of a person on the exclusion list.
(a) Upon placement of a person on the exclusion list, the Clerk will serve notice of the placement to the person by personal service or certified mail at the last known address of the person. When the placement is a result of a petition for exclusion filed by the Bureau, a copy of the petition will be included with the notice.
(b) Upon service of the notice by the Clerk, an excluded person shall have 30 days to demand a hearing before the Board. Failure to demand a hearing within 30 days after service shall be deemed an admission of all matters and facts alleged in the Bureau's petition for exclusion.
(c) If a hearing is demanded by the excluded person, a hearing will be scheduled as provided in § 492.6 (relating to hearings generally). At the hearing, the Bureau will have the affirmative obligation to demonstrate that the excluded person satisfies the criteria for exclusion in section 1514 or 1515 of the act (relating to regulation requiring exclusion of certain persons; and repeat offenders excludable from licensed gaming facility) or § 511.3 (relating to criteria for exclusion). Unless the matter is heard directly by the Board, the presiding officer will prepare a recommendation as provided in § 494.4 (relating to report or recommendation of the presiding officer) for consideration by the Board.
§ 511.7. Board review.
After a hearing or consideration of a petition for exclusion filed by the Bureau when no hearing was requested, the Board will:
(1) Issue a final order affirming the placement of the person on the exclusion list.
(2) Issue a final order removing the person from the exclusion list.
(3) Refer the matter to the presiding officer for further hearing.
§ 511.8. (Reserved).
§ 511.9. Duties of slot machine licensees.
(a) A slot machine licensee shall have the responsibility to distribute copies of the exclusion list to its employees. Additions, deletions or other updates to the list shall be distributed by a slot machine licensee to its employees within 2 business days of the slot machine licensee's receipt of the updates from the Board.
(b) A slot machine licensee shall exclude or eject the following persons from its licensed facility:
(1) An excluded person.
(2) A person known to the slot machine licensee to satisfy the criteria for exclusion in section 1514 of the act (relating to regulation requiring exclusion of certain persons) and § 511.3 (relating to criteria for exclusion).
(c) If an excluded person enters, attempts to enter, or is in a licensed facility and is recognized by employees of the slot machine licensee, the slot machine licensee shall immediately notify the Bureau of the fact in accordance with the procedures set forth by the Board.
(d) It shall be the continuing duty of a slot machine licensee to inform the Bureau, in writing, of the names of persons the slot machine licensee believes are appropriate for placement on the exclusion list and the reason for placement on the exclusion list.
(e) A slot machine licensee or employees thereof will not be liable to any person for damages in a civil action, which is based on the following:
(1) Withholding winnings from an excluded person.
(2) Permitting an excluded person to gamble.
(3) Excluding an excluded person from the licensed gaming facility.
§ 511.10. Petition to remove name from exclusion list.
(a) An excluded person may file a petition with the Clerk to request a hearing for removal of his name from the exclusion list at any time after 5 years from the placement of his name on the exclusion list.
(b) The petition must be signed by the excluded person, contain supporting affidavits, and state the specific grounds believed by the petitioner to constitute good cause for removal from the exclusion list. Upon receipt of the petition, the Bureau may file an answer in accordance with § 493.5 (relating to answers).
(c) The Board may decide the petition on the basis of the documents submitted by the excluded person and the Bureau. The Board may summarily deny the petition, may grant the petition, or direct that a hearing be held in accordance with § 511.6 (relating to demand for hearing on the placement of a person on the exclusion list). The Board will grant the petition or direct that a hearing be held only upon a finding that there is new evidence, which is material and necessary, or that circumstances have changed since the placement of the excluded person on the exclusion list, and that there would be a reasonable likelihood that the Board would alter its previous decision.
(d) An excluded person who is barred from requesting a hearing concerning his removal from the exclusion list by the 5-year period of exclusion in subsection (a) may petition the Board for early consideration at any time. However, an excluded person may not, within the 5-year period of exclusion, file more than one petition for early consideration.
(e) A petition for early consideration must contain the information required under subsection (b). Upon receipt of the petition, the Bureau may file an answer in accordance with § 493.5.
(f) The Board may decide the petition for early consideration on the basis of the documents submitted by the excluded person and the Bureau. The Board may summarily deny the petition or may grant the petition and direct that a hearing be held in accordance with § 511.6.
(g) The Board will consider the following criteria when making its decision on a petition for early consideration:
(1) Whether there are extraordinary facts and circumstances warranting early consideration of the excluded person's request for removal from the exclusion list.
(2) If exclusion was ordered under § 511.5(a)(2) (relating to placement on the exclusion list), whether the excluded person has completed the period of probation or otherwise satisfied the terms of the court-ordered exclusion.
[Pa.B. Doc. No. 07-491. Filed for public inspection March 23, 2007, 9:00 a.m.]
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