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PA Bulletin, Doc. No. 07-122

PROPOSED RULEMAKING

PENNSYLVANIA GAMING CONTROL BOARD

[58 PA. CODE CHS. 501a AND 503a]

Compulsive and Problem Gambling; Self-Exclu- sion

[37 Pa.B. 416]
[Saturday, January 27, 2007]

   The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general specific powers) and the specific authority in 4 Pa.C.S. §§ 1509 and 1516 (relating to compulsive and problem gaming program; and list of persons self-excluded from gaming activities), proposes to adopt Chapters 501a and 503a (relating to compulsive problem gaming requirements; and self-exclusion) to read as set forth in Annex A.

Purpose of the Proposed Rulemaking

   Under the authority granted to the Board under 4 Pa.C.S. § 1203 (relating to temporary regulations), the Board initially adopted temporary regulations in Chapter 501 at 35 Pa.B. 4543 (August 6, 2005) and in Chapter 503 at 36 Pa.B. 2902 (June 10, 2006). Under 4 Pa.C.S. Part II (relating to gaming), the temporary regulations expire on July 5, 2007.

   The Board is proposing to replace the temporary regulations with the permanent regulations in this proposed rulemaking.

Explanation of Chapters 501a and 503a

   Chapter 501a requires slot machine licensees to file a comprehensive compulsive and problem gaming plan with the Board for Board approval. The regulations list: the specific items that must be included in a plan; the elements that must be included in employee training programs; slot machine licensee reporting requirements; liability provisions for a slot machine licensee and its employees; sign requirements and provisions governing check cashing.

   Chapter 503a addresses self-exclusion requirements. It specifies: definitions used in this chapter; how a person may request self-exclusion; maintenance and distribution of the self-exclusion list by the Board; duties and responsibilities of the slot machine licensees and their employees; how a person may request removal from the self-exclusion list and limited exceptions for individuals on the self-exclusion list whose jobs require them to be on the gaming floor.

   Amendments to the temporary regulations in this proposed rulemaking include a large number of editorial changes in both chapters that improve the clarity of the language contained in the existing temporary regulations. Additionally, changes have been made to § 501a.2 (relating to compulsive and problem gambling plan) to clarify that a slot machine licensee's compulsive problem gaming plan and amendments to the plan must be approved by the Board before the slot machine licensee can commence operations or implement changes to the plan. In § 501a.3 (relating to employee training program), provisions have been added that require slot machine licensees to have procedures to prevent persons from gaming when they are visibly intoxicated, to distribute materials explaining the self-exclusion program and to deny check cashing privileges to persons on the self-exclusion list. Lastly, § 501a.7 (relating to check cashing) has been amended to apply to any holder of a license, registration or certification from the Board instead of just slot machine licensees.

   Former § 503a.2 was deleted because it repeated provisions in other sections of this chapter. Changes were made in the renumbered § 503a.2 (relating to request for self-exclusion) to clarify the procedures for submitting a request for self-exclusion and to delete specific language that will be on the release form. In § 503a.4 (relating to duties of slot machine licensees), a requirement has been added requiring slot machine licensees to notify the Pennsylvania State Police when a self-excluded person is found on the gaming floor or engaging in gaming activities. Additionally, slot machine licensees will be required to post signs advising persons on the self-exclusion list that they may be subject to arrest for trespassing if they are found on the gaming floor or engaging in gaming activities. In this section, revisions have also been made to clarify the liability provisions related to disclosure of the identity of persons on the self-exclusion list and a new provision was added requiring slot machine licensees to provide a written report to the Board when a self-excluded person is found on the gaming floor or engaging in gaming activities. In § 503a.5 (relating to removal from self-exclusion list), the provisions regarding removal from the self-exclusion list have been modified to require a person requesting removal from the self-exclusion list to sign the request twice within no less than a 5-day period. Finally, § 503a.6 (relating to exceptions to the prohibition from being on the gaming floor for individuals on the self-exclusion list) has been added to allow individuals on the self-exclusion list to be on the gaming floor to perform duties required by their job descriptions.

Affected Parties

   This proposed rulemaking imposes requirements on slot machine licensees and persons who are seeking to be added to or removed from the self-exclusion list.

Fiscal Impact

   Commonwealth. This proposed rulemaking will impose costs on the Board regarding the review of slot machine licensees' compulsive and problem gaming plans and administration of the self-exclusion program.

   Political subdivisions. This proposed rulemaking will have no significant fiscal impact on political subdivisions of the Commonwealth.

   Private sector. Slot machine licensees will experience costs regarding developing compulsive and problem gaming programs, training of employees, posting signs and compliance with the requirements of the self-exclusion program.

   General public. Individuals seeking to be added to or removed from the self-exclusion list will experience some minor costs associated with the application process.

Paperwork Requirements

   This proposed rulemaking requires slot machine licensees to file a comprehensive compulsive and problem gaming plan with the Board for its approval and to submit amendments to the plan to the Board. A slot machine licensee is also required to submit its procedures for implementing the self-exclusion program.

   Individuals seeking to be added to or removed from the self-exclusion list will have to complete the appropriate forms.

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 Paul Resch, Secretary, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-54.

Contact Person

   The contact persons for questions about this proposed rulemaking are Richard Sandusky, Director of Regulatory Review, (717) 214-8111 and Michelle Afragola, Deputy Director of Regulatory Review, (610) 943-1338.

Regulatory Review

   Under section 5(a) and (f) of the Regulatory Review Act (71 P. S. § 745.5(a) and (f)), on January 17, 2007, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC). A copy of this material is available to the public upon request. In accordance with section 5(a) and (f) of the Regulatory Review Act, the Board will deliver copies of this proposed rulemaking and the Regulatory Analysis Form to the Chairpersons of the Senate Committee on Rules and Executive Nominations and the House Tourism and Recreational Development Committee by the second Monday after the date on which committee designations for the 2007-2008 session of the General Assembly are published in the Pennsylvania Bulletin.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days after the close of the public comment period, specifying the regulatory review criteria that have not been met. The Regulatory Review Act sets forth procedures that permit the Board, the General Assembly and the Governor to review IRRC's comments, recommendations or objections prior to final adoption of the proposed rulemaking.

THOMAS A. DECKER,   
Chairperson

   Fiscal Note:  125-54. (1) State Gaming Fund; (2) Implementing Year 2006-07 is $188,000; (3) 1st Succeeding Year 2007-08 is $108,000; 2nd Succeeding Year 2008-09 is $112,000; 3rd Succeeding Year 2009-10 is $116,000; 4th Succeeding Year 2010-11 is $121,000; 5th Succeeding Year 2011-12 is $126,000; (4) 2005-06 Program--$26,400,000; 2004-05 Program--$13,200,000; 2003-04 Program--$2,900,000; (7) Board Budget; (8) recommends adoption. Funds from the administrative accounts within the State Gaming Fund will be used to cover the costs of these regulations.

Annex A

TITLE 58.  RECREATION

PART VII.  GAMING CONTROL BOARD

Subpart I.  COMPULSIVE AND PROBLEM GAMBLING

CHAPTER 501a.  COMPULSIVE AND PROBLEM GAMBLING REQUIREMENTS

Sec.

501a.1.Definitions.
501a.2.Compulsive and problem gambling plan.
501a.3.Employee training program.
501a.4.Reports.
501a.5.Liability.
501a.6.Signage requirements.
501a.7.Check cashing.

§ 501a.1.  Definitions.

   The following term, when used in this chapter, has the following meaning, unless the context clearly indicates otherwise:

   Qualified treatment professional--

   (i)  A person who by reason of training, education, profession or vocation has specialized knowledge, skills or experience in compulsive and problem gambling treatment or addiction therapy, who has the expertise to determine an individual's suitability for one or more forms of compulsive and problem gambling treatment and to recommend an appropriate compulsive and problem gambling treatment plan, or to serve as an independent monitor of the plan, or both.

   (ii)  For the purpose of this section, the term includes gamblers anonymous programs and any similar treatment or addiction therapy programs designed to prevent, treat or monitor compulsive and problem gamblers and to counsel family members.

§ 501a.2.  Compulsive and problem gambling plan.

   (a)  An applicant for a slot machine licensee shall submit a compulsive and problem gambling plan to the Board for review and approval at the time of submission of the application. The plan must, at a minimum, contain the elements listed in subsection (c). A slot machine licensee may not commence operations until the Board approves the plan.

   (b)  Compliance with the plan approved under this chapter will be a condition of license renewal.

   (c)  A compulsive and problem gambling plan must include the following:

   (1)  The goals of the plan and procedures and timetables to implement the plan.

   (2)  The identification of the individual who will be responsible for the implementation and maintenance of the plan.

   (3)  Policies and procedures including the following:

   (i)  The commitment of the licensee to train appropriate employees.

   (ii)  The duties and responsibilities of the key employees and gaming employees designated to implement or participate in the plan.

   (iii)  The responsibility of patrons with respect to responsible gambling.

   (iv)  Procedures to identify patrons and employees with suspected or known compulsive and problem gambling behavior.

   (v)  Procedures for referral of individuals self-excluded from gaming activities under section 1516 of the act (relating to list of persons self-excluded from gaming activities) and Chapter 503a (relating to self-exclusion) to qualified treatment professionals, including mental health, behavioral health and other professions and to community compulsive gambling organizations.

   (vi)  Procedures for referral of suspected or known compulsive and problem gamblers to qualified treatment professionals. The provisions of this subsection do not create a duty for licensed facilities or its employees to refer compulsive and problem gamblers to qualified treatment professionals.

   (4)  The provision of printed material to educate patrons about compulsive and problem gambling and to inform them about treatment services available to compulsive and problem gamblers and their families. The slot machine licensee shall provide examples of the materials to be used as part of its plan, including signs, brochures and other printed material and a description of how the material will be disseminated.

   (5)  An employee training program as required under § 501a.3 (relating to employee training program), including training materials to be utilized and a plan for periodic reinforcement training.

   (6)  A certification process established by the slot machine licensee to verify that each employee has completed the training required by the plan.

   (7)  An estimation of the cost of development, implementation and administration of the plan.

   (8)  A list of the qualified treatment professionals and community organizations to which compulsive and problem gamblers will be referred.

   (9)  Procedures to prevent underage gambling.

   (10)  Procedures to prevent intoxicated patrons from gambling.

   (11)  The details of the program, if the plan includes outreach program.

   (12)  The plan for posting Board-approved signs required under § 501a.6 (relating to signage requirements) within the licensed facility, containing gambling treatment referral information.

   (13)  Other policies and procedures to encourage responsible gambling.

   (d)  The Board may provide the plan submitted by the slot machine licensee to the Department of Health for evaluation. The Department of Health may provide comments and recommendations to the Board relating to the plan.

   (e)  A slot machine licensee shall submit amendments to the compulsive and problem gambling plan to the Board for review and approval prior to the implementation of the amendments.

§ 501a.3.  Employee training program.

   (a)  The employee training program required under § 501a.2(c)(5) (relating to compulsive and problem gambling plan) must include instruction in the following:

   (1)  Characteristics and symptoms of compulsive behavior, including compulsive and problem gambling.

   (2)  The relationship of compulsive and problem gambling to other addictive behavior.

   (3)  The social and economic consequences of compulsive and problem gambling, including debt, treatment costs, suicide, criminal behavior, unemployment and family counseling.

   (4)  Techniques to be used when compulsive and problem gambling is suspected or identified.

   (5)  Techniques to be used to discuss compulsive and problem gambling with patrons and to refer and advise patrons regarding community, public and private treatment services.

   (6)  Procedures designed to prevent serving alcohol to visibly intoxicated gaming patrons.

   (7)  Procedures designed to prevent persons from gaming after having been determined to be visibly intoxicated.

   (8)  Procedures for the dissemination of written materials to patrons explaining the self-exclusion program.

   (9)  Procedures for removing a person on the self-exclusion list from a licensed facility including, if necessary, procedures that include obtaining the assistance of appropriate law enforcement personnel.

   (10)  Procedures for preventing a person on the self-exclusion list from receiving any advertisement, promotion or other target mailing after 90 days of receiving notice from the Board that the person has been placed on the self-exclusion list.

   (11)  Procedures to prevent a person on the self-exclusion list from having access to or from receiving complimentary services, or other like benefits.

   (12)  Procedures to prevent a person on the self-exclusion list from cashing checks.

   (b)  Training for permanent employees shall be conducted by qualified treatment professionals or a person with specialized knowledge, skill, training or experience in responsible gaming employee training programs within timetables approved by the Board for the completion of training.

   (c)  Key employees and gaming employees designated to receive training shall be certified by the slot machine licensee under § 501a.2(c)(6) upon completion of the training.

   (d)  Key employees and gaming employees who are required to receive training under the plan shall receive periodic reinforcement training, which shall be reported in a manner prescribed by the Board.

   (e)  A key employee or gaming employee shall report suspected or identified compulsive or problem gamblers to a designated key employee or other supervisory employee. The employee who makes a report under this subsection shall be immune from liability under § 501a.5 (relating to liability).

   (f)  The identity of an individual suspected of known compulsive or problem gambling shall be confidential except as provided under § 503a.3(f) (relating to self-exclusion list) and section 1516(d) of the act (relating to list of persons self-excluded from gaming activities).

   (g)  Slot machine licensees may collaborate with qualified treatment professionals or a person with specialized knowledge, skill, training or experience in responsible gaming employee training programs to develop an in-house or Internet-based employee training program to provide the training and reinforcement training required by this chapter. The use of the Internet-based program must be approved by the Board prior to the use of the program to meet the requirements of this chapter.

§ 501a.4.  Reports.

   A slot machine licensee shall submit an annual summary of its compulsive and problem gambling program with its application for renewal of the slot machine license.

§ 501a.5.  Liability.

   A slot machine licensee or an employee thereof will not be liable for damages in any civil action, which is based on the following:

   (1)  Failure to include any of the requirements of this chapter in its compulsive and problem gambling plan under this chapter.

   (2)  Compliance or noncompliance with this section or a plan adopted under this chapter.

   (3)  An action or failure to take action under this chapter or a plan adopted under this chapter.

   (4)  Failure to withhold gambling privileges from an individual.

   (5)  Permitting an individual to gamble.

§ 501a.6.  Signage requirements.

   (a)  Under section 1509(c) of the act (relating to compulsive and problem gambling program), each slot machine licensee shall post signs that include a statement that is similar to the following: ''If you or someone you know has a gambling problem, help is available. Call (toll-free telephone number).'' The complete text of the sign will be determined by the Board. The signs shall be prominently posted at the following locations:

   (1)  Within 50 feet of each entrance and exit of the facility.

   (2)  Within 50 feet of each ATM, cash dispensing or change machine in each facility.

   (b)  Each slot machine and junket licensee shall print a statement related to obtaining compulsive or problem gambling assistance, the text of which will be determined by the Board, on all marketing or advertising materials that are offered to the general public by a slot machine or Junket licensee, including signs, billboards, print, radio or television advertisements.

§ 501a.7.  Check cashing.

   (a)  Except as permitted in subsection (b), holders of a license, registration or certification from the Board or persons acting on behalf of a holder of a license, registration or certification from the Board, may not cash a check payable to an individual, including Social Security, unemployment insurance, disability payment, public assistance payment or payroll check to enable the individual to take part in gaming.

   (b)  A holder of a license, registration or certification from the Board or any employee authorized by a holder of a license, registration or certification from the Board may accept a personal check, wire transfer or cash equivalent, such as a recognized traveler's check, cashier's check or money order.

CHAPTER 503a.  SELF-EXCLUSION

Sec.

503a.1.Definitions.
503a.2.Request for self-exclusion.
503a.3.Self-exclusion list.
503a.4.Duties of slot machine licensees.
503a.5.Removal from self-exclusion list.
503a.6.Exceptions to the prohibition from being on the gaming floor for individuals on the self-exclusion list.

§ 503a.1.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Fully executed gaming transaction--An activity involving a slot machine or associated equipment which occurs on the gaming floor of a licensed facility and which results in an individual obtaining any money or thing of value from, or being owed any money or thing of value by, a slot machine licensee.

   Self-excluded person--A person whose name is included, at the person's own request, on the self-exclusion list maintained by the Board.

   Self-exclusion list--A list of names of persons who, under this chapter, have voluntarily agreed to be excluded from the gaming floor and gaming activities at a licensed facility and to be prohibited from collecting winnings, recovering any losses or accepting complimentary gifts or services or other things of value at a licensed facility.

   Winnings--Any money or thing of value received from, or owed by a slot machine licensee as a result of a fully executed gaming transaction.

§ 503.2.  Request for self-exclusion.

   (a)  A person may have the person's name placed on the self-exclusion list by submitting a request for self-exclusion in the form and manner required by the Board.

   (b)  A person requesting placement on the self-exclusion list shall submit, in person, a completed request for self-exclusion to the Board. The Board will designate locations for submission of completed requests for self-exclusion in accordance with this chapter.

   (c)  A request for self-exclusion must include the following identifying information:

   (1)  Name, including any aliases or nicknames.

   (2)  Date of birth.

   (3)  Address of current residence.

   (4)  Telephone number of current residence.

   (5)  Social Security number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).

   (6)  Physical description, including height, weight, gender, hair color, eye color and other physical characteristics that may assist in the identification of the person.

   (d)  The information provided in subsection (c) shall be updated by the self-excluded person within 30 days of a change.

   (e)  The length of self-exclusion requested by a person must be one of the following:

   (1)  One year (12 months).

   (2)  Five years.

   (3)  Lifetime.

   (f)  A request for self-exclusion must include a signed release which:

   (1)  Acknowledges that the request for self-exclusion has been made voluntarily.

   (2)  Certifies that the information provided in the request for self-exclusion is true and accurate.

   (3)  Acknowledges that the individual requesting self-exclusion is a problem gambler.

   (4)  Acknowledges that a person requesting a lifetime exclusion is prohibited from requesting removal from the self-exclusion list and that a person requesting a 1-year or 5-year exclusion will remain on the self-exclusion list until a request for removal under § 503a.5 (relating to removal from self-exclusion list) is approved.

   (5)  Acknowledges that if the individual is found on the gaming floor or engaging in gaming activities at any licensed facility, that the individual will be subject to removal and may be subject to arrest for criminal trespass under 18 Pa.C.S. § 3503 (relating to criminal trespass).

   (6)  Releases, indemnifies, holds harmless and forever discharges the Commonwealth, the Board and all slot machine licensees from any claims, damages, losses, expenses or liability arising out of, by reason of or relating to the self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:

   (i)  The failure of a slot machine licensee to withhold gaming privileges from or restore gaming privileges to a self-excluded person.

   (ii)  Otherwise permitting or not permitting a self-excluded person to engage in gaming activity in a licensed facility while on the list of self-excluded persons.

   (iii)  Disclosure by a slot machine licensee of information regarding a self-excluded person to any person or group who is not affiliated with the slot machine licensee.

   (iv)  Disclosure of information regarding a self-excluded person by the Board.

   (g)  Self-exclusions for 1 or 5 years remain in effect until the self-excluded person requests removal from the Board's self-exclusion list under § 503a.5.

   (h)  A person submitting a self-exclusion request shall be required to present a government-issued photo identification containing the person's signature and photograph when the person submits the request.

   (i)  A person requesting self-exclusion under this chapter shall be required to have a photograph taken by the Board, or agent thereof, upon the Board's acceptance of the request to be on the list.

§ 503a.3.  Self-exclusion list.

   (a)  The Board will maintain the official self-exclusion list and notify each slot machine licensee of additions to or deletions from the list by first class mail or by transmitting a notice by electronic means directly to each slot machine licensee.

   (b)  The notice provided to slot machine licensees by the Board will include the following information concerning a person who has been added to the self-exclusion list:

   (1)  Name, including any aliases or nicknames.

   (2)  Date of birth.

   (3)  Address of current residence.

   (4)  Telephone number of current residence.

   (5)  Social Security number, when voluntarily provided by the person requesting self-exclusion under section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).

   (6)  Physical description of the person, including height, weight, gender, hair color, eye color and other physical characteristics that may assist in the identification of the person.

   (7)  A copy of the photograph taken by the Board under § 503a.2(i) (relating to request for self-exclusion).

   (c)  The notice provided to slot machine licensees by the Board concerning a person whose name has been removed from the self-exclusion list will include the name and date of birth of the person.

   (d)  A slot machine licensee shall maintain a copy of the self-exclusion list and establish procedures to ensure that the copy of the self-exclusion list is updated and that all appropriate employees and agents of the slot machine licensee are notified of any addition to or deletion from the list within 5 business days after the day notice is mailed to each slot machine licensee or transmitted electronically under subsection (a).

   (e)  Information furnished to or obtained by the Board under this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter.

   (f)  Slot machine licensees, employees or agents thereof may not disclose the name of, or any information about, a person who has requested self-exclusion to anyone other than employees and agents of the slot machine licensee whose duties and functions require access to the information. Notwithstanding the foregoing, a slot machine licensee may disclose the identity of a self-excluded person to appropriate employees of other slot machine licensees in this Commonwealth or affiliated gaming entities in other jurisdictions for the limited purpose of assisting in the proper administration of responsible gaming programs operated by affiliated licensed gaming entities.

   (g)  A self-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 self-exclusion list.

   (h)  Winnings incurred by a self-excluded person shall be remitted to the Board and deposited into the Compulsive and Problem Gambling Treatment Fund.

   (i)  For the purposes of this section, winnings issued to, found on or about or redeemed by a self-excluded person shall be presumed to constitute winnings subject to remittance to the Board.

§ 503a.4.  Duties of slot machine licensees.

   (a)  A slot machine licensee shall train its employees and establish procedures that are designed to:

   (1)  Identify a self-excluded person when present in a licensed facility and, upon identification, notify the following persons:

   (i)  Employees of the slot machine licensee whose duties include the identification and removal of self-excluded persons.

   (ii)  Designated representatives of the Board.

   (2)  Notify the Pennsylvania State Police when a self-excluded person is found on the gaming floor or engaging in gaming activities.

   (3)  Refuse wagers from and deny gaming privileges to a self-excluded person.

   (4)  Deny check cashing privileges, player club membership, complimentary goods and services, junket participation and other similar privileges and benefits to a self-excluded person.

   (5)  Ensure that self-excluded persons do not receive, either from the slot machine licensee or any agent thereof, junket solicitations, targeted mailings, telemar- keting promotions, player club materials or other promotional materials relating to gaming activities at its licensed facility.

   (6)  Comply with § 503a.3(d) (relating to self-exclusion list).

   (7)  Disseminate written materials to patrons explaining the self-exclusion program.

   (b)  A slot machine licensee shall submit a copy of its procedures and training materials established under subsection (a) to the Board 30 days prior to initiation of gaming activities at the licensed facility. Amendments to these procedures shall be submitted to the Board at least 10 business days prior to their implementation. If the Board does not object to the procedures or amendments thereto, the procedures or amendments shall be deemed to be approved.

   (c)  A slot machine licensee shall post signs at all entrances to a licensed facility indicating that a person who is on the self-exclusion list may be subject to arrest for trespassing under 18 Pa.C.S. § 3503 (relating to criminal trespass) if the person is on the gaming floor or engaging in gaming activities.

   (d)  The list of self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of the act and subjects the disclosing party to sanctions the Board deems appropriate.

   (e)  Under section 1516 of the act (relating to list of persons self-excluded from gaming activities), slot machine licensees and employees thereof may not be liable for damages in any civil action, which is based on the following:

   (1)  Failure to withhold gaming privileges from or restore gaming privileges to a self-excluded person.

   (2)  Permitting or not permitting a self-excluded person to gamble.

   (3)  Good faith disclosure of the identity of a self-excluded person to someone, other than those authorized by this chapter, for the purpose of complying with this chapter.

   (f)  A slot machine licensee shall report the discovery of a self-excluded person on the gaming floor or engaging in gaming activities to the Board within 3 days in a form and manner prescribed by the Board.

§ 503a.5.  Removal from self-exclusion list.

   (a)  A self-excluded person may, upon the expiration of the period of self-exclusion, request removal of the person's name from the self-exclusion list by submitting a completed request for removal as required by subsections (b) and (c).

   (b)  A request for removal from the self-exclusion list must be in a form prescribed by the Board. The form must include the following:

   (i)  The identifying information specified in § 503a.2 (c)(1)--(6) (relating to request for self-exclusion).

   (ii)  The signature of the person requesting removal from the self-exclusion list indicating acknowledgment of the following statement:

''I certify that the information that I have provided above is true and accurate. I am aware that my signature below constitutes a revocation of my previous request for self-exclusion, and I authorize the Board to permit all slot machine licensees of the Commonwealth of Pennsylvania to reinstate my gaming privileges at licensed facilities.''

   (c)  The request shall be submitted to a location designated by the Board. A person submitting a request for removal from the self-exclusion list shall be required to present a valid government-issued photo identification containing the person's signature when the request is submitted. No sooner than 5 business days after the request is submitted, the person submitting the request shall:

   (1)  Return to the Board office where the request was filed.

   (2)  Present a valid government-issued photo identification containing the person's signature.

   (3)  Sign the request a second time.

   (d)  Within 5 business days after the request is signed for a second time, the Board will delete the name of the person requesting removal from the self-exclusion list and notify each slot machine licensee of the removal.

§ 503a.6.  Exceptions to the prohibition from being on the gaming floor for individuals on the self-exclusion list.

   The prohibition against allowing self-excluded persons to be on the gaming floor does not apply to an individual who is on the self-exclusion list if the following apply:

   (1)  The individual is carrying out the duties of employment or incidental activities related to employment.

   (2)  The slot machine licensee's security department and the Board's office located at the licensed facility have received prior notice.

   (3)  Access to the gaming floor is limited to the time necessary to complete the individual's assigned duties.

   (4)  The individual does not otherwise engage in any gaming activities.

[Pa.B. Doc. No. 07-122. Filed for public inspection January 26, 2007, 9:00 a.m.]



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