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PA Bulletin, Doc. No. 06-1254



PENNSYLVANIA GAMING CONTROL BOARD

[58 PA. CODE CH. 493]

Temporary Regulations

[36 Pa.B. 3440]
[Saturday, July 1, 2006]

   The Pennsylvania Gaming Control Board (Board), under authority in 4 Pa.C.S. § 1202(b)(14)) (relating to general and specific powers), 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), Subpart H, Practice and Procedure, Chapter 493, Pleadings.

Purpose and Background

   Under 4 Pa.C.S. § 1203 (relating to temporary regulations), the Board is required 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 in this Commonwealth and to carry out the policy and purposes of the Board.

   To promulgate the temporary regulations in accordance with customary rulemaking procedure, the Board published draft regulations on its website, www. pgcb.state.pa.us on December 15, 2005. A 30-day public comment period was provided.

   Under 4 Pa.C.S. § 1203, 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 be 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), or to the Regulatory Review Act (71 P. S. §§ 745.1--745.15).

Financial Impact

   The appropriations from the Commonwealth for the implementation of Act 71 and costs of administering Act 71 will be reimbursed by the licensed gaming entities as specified in 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 to the Pennsylvania State Police for licensing processes and background investigations. The licensing and registration of individuals and other classes of licensees will be reimbursed by the individuals and or licensees 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

   Section 1203 of 4 Pa.C.S. provides the Board authority to adopt and publish temporary regulations to implement the policies and purposes of Act 71.

Regulatory Review

   Under 4 Pa.C.S. § 1203, the Board may adopt temporary regulations that are exempted from the Regulatory Review Act and sections 201--205 of the CDL. Section 1203 of 4 Pa.C.S. provides that the Board's authority to adopt regulations expires 2 years from the effective date of Act 71.

Findings

   The Board finds that:

   (1)  Under 4 Pa.C.S. § 1203, the temporary regulations are exempt from the requirements of the Regulatory Review Act and sections 201--205 of the CDL.

   (2)  A 30-day public comment period was held prior to the adoption of the temporary regulations. All comments received by the Board were reviewed and considered.

   (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 following temporary regulation of the Board, 58 Pa. Code Chapter 493, is amended by adding § 493.13 to read as set forth in Annex A.

   (b)  The Chairperson of the Board shall certify this order and deposit the regulation with the Legislative Reference Bureau as required by law.

   (c)  The temporary regulation shall take effect on May 4, 2006.

THOMAS A. DECKER,   
Chairperson

   Fiscal Note: 125-22. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart H. PRACTICE AND PROCEDURE

§ 493.13. Intervention.

   (a)  The right to intervene in a proceeding before the Board or a presiding officer is within the sole discretion of the Board.

   (b)  A person wishing to intervene in a proceeding may file a petition with the Clerk which shall be served on all named parties in accordance with this section. When a petition to intervene is filed with the Clerk, it will be referred to the Board which will issue a determination as soon as practicable.

   (c)  A person may file a petition to intervene if:

   (1)  The person has an interest in the proceeding which is substantial, direct and immediate.

   (2)  The interest is not adequately represented by a party to the proceeding.

   (3)  The person may be bound by the action of the Board in the proceeding.

   (d)  Petitions to intervene may be filed at any time following the filing of an application, petition, complaint, or other document seeking Board action, but no later than 30 days prior to the date set for a hearing unless, in extraordinary circumstances for good cause shown, the Board authorizes a later filing.

   (e)  Petitions to intervene must set out clearly and concisely the facts demonstrating the nature of the alleged right or interest of the petitioner, the grounds of the proposed intervention and the position of the petitioner in the proceeding. The petitioner shall fully advise the parties and the Board of the specific issues of fact or law to be raised or controverted, by admitting, denying or otherwise answering, specifically and in detail, each material allegation of fact or law asserted in the petition or complaint initiating the proceeding, and citing by appropriate reference provisions or other authority relied on.

   (f)  Petitions to intervene must conform to the service and notice requirements of this section.

   (g)  A participant may file an answer to a petition to intervene, and in default thereof, will be deemed to have waived any objection to the granting of the petition. If made, answers shall be filed within 10 days after the date of service of the petition, unless for cause the Board prescribes a different time.

   (h)  Except when the Board determines that it is necessary to develop a comprehensive evidentiary record, the participation of a person granted the right to intervene in a proceeding will be limited to the presentation of evidence through the submission of written statements attested to under oath. The written statements shall be part of the evidentiary record.

   (i)  Petitions to intervene in licensing hearings for slot machine licenses shall be governed by § 441.19(x) (relating to licensing hearing for slot machine licenses).

   (j)  This section supersedes 1 Pa. Code §§ 35.27--35.32, and 35.36.

[Pa.B. Doc. No. 06-1254. Filed for public inspection June 30, 2006, 9:00 a.m.]



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