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PA Bulletin, Doc. No. 08-924



[ 58 PA. CODE CH. 441a ]

Slot Machine Licensing

[38 Pa.B. 2269]
[Saturday, May 17, 2008]

   The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1205 and 1206 (relating to license or permit application hearing process; public input hearings; and Board minutes and records) proposes to amend Chapter 441a (relating to slot machine licenses) to read as set forth in Annex A.

Purpose of the Proposed Rulemaking

   This proposed rulemaking amends the provisions related to licensing hearings for applicants for slot machine licenses.

Explanation of Amendments to Chapter 441a

   Section 441a.7 (relating to licensing hearings for slot machine licenses) lays out the procedures for the conduct of slot machine licensing hearings. Through this proposed rulemaking, the Board is expanding these provisions.

   Specifically, the Board will require the Bureau of Investigations and Enforcement to report any information concerning an applicant that was obtained from sources in the public domain at the licensing hearing.

   Additionally, the Board may request, on the record, that an applicant respond to questions that relate to confidential information at the licensing hearing. The applicant will have the option of waiving the right to confidentiality and answering the questions at the public hearing or requesting that the matter be heard in executive session. If the applicant provides sufficient reason to justify the invocation of confidentiality, the Board will hear the responses to the Board's questions in executive session.

   The proposed rulemaking also makes it clear that under no circumstances will an applicant be required to waive the right to confidentiality as a condition to receiving a slot machine license.

   Adoption of these new provisions will provide additional guidance to applicants for slot machine licenses on the conduct of the licensing hearings and ensure that all information permitted by law will be contained in the public record.

Affected Parties

   Applicants for slot machine licenses will be affected by this regulation.

Fiscal Impact


   There will be no new costs or savings to the Board or other Commonwealth agencies as a result of this proposed rulemaking.

Political Subdivisions

   This proposed rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.

Private Sector

   Applicants for slot machine licenses will not experience any increased costs or savings as a result of this proposed rulemaking.

General Public

   This proposed rulemaking will have no fiscal impact on the general public.

Paperwork requirements

   There are no new paperwork or reporting requirements associated with this proposed rulemaking.

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 #125-86.

Contact Person

   The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review, at (717) 214-8111.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on May 1, 2008, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (Commission) and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee. A copy of this material is available to the public upon request.

   Under section 5(g) of the act, the Commission may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.


   Fiscal Note:  125-86. No fiscal impact; (8) recommends adoption.

Annex A





*      *      *      *      *

§ 441a.7.  Licensing hearings for slot machine licenses.

*      *      *      *      *

   (r)  Information obtained by BIE during an applicant's background investigation based upon public record or upon information otherwise in the public domain will be heard by the Board during the licensing hearing. Information submitted by an applicant under 4 Pa.C.S. § 1310(a) (relating to slot machine license application character requirements) or obtained by the Board or BIE as part of a background investigation from any source not in the public domain is considered confidential. The Board may not require an applicant to waive any confidentiality provided for in 4 Pa.C.S. § 1310(a) as a condition for the approval of a slot machine license or any other action of the Board. The Board may request that an applicant respond to inquiries related to confidential information during a licensing hearing to promote transparency in the regulation of gaming in the Commonwealth. An applicant who does not waive the right to confidentiality shall:

   (1)  Request, at the licensing hearing, that the matter be heard in executive session.

   (2)  Provide sufficient reason on the record to justify the invocation of the confidentiality.

   (s)  At its discretion, the Board may terminate, recess, reconvene and continue the licensing hearing.

   [(s)] (t)  ***

*      *      *      *      *

   [(t)] (u)  ***

   [(u)] (v)  ***

   [(v)] (w)  ***

   [(w)] (x)  ***

   [(x)] (y)  ***

   [(y)] (z)  ***

*      *      *      *      *

   [(z)] (aa)  ***

[Pa.B. Doc. No. 08-924. Filed for public inspection May 16, 2008, 9:00 a.m.]

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