PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-18-023.
Title of Rule: WAC 315-20-010 Removal of lottery terminal when license is suspended or revoked.
Purpose: Clarify lottery rules regarding removal of lottery terminal.
Statutory Authority for Adoption: RCW 67.70.040.
Statute Being Implemented: RCW 67.70.040.
Summary: Lottery policy requires removal of a terminal when a license is suspended or revoked. This amendment to WAC 315-20-010 will clarify this policy in the lottery's rules.
Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Olympia, (360) 664-4833; Implementation and Enforcement: Robert C. Benson, Jr., Acting Director, Olympia, (360) 664-4800.
Name of Proponent: [Lottery Commission], governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Lottery policy requires a removal of a terminal when a license is suspended or revoked. This amendment to WAC 315-20-010 will clarify this policy in the lottery's rules. This policy of removal safeguards the integrity of the lottery and prevents financial loss due to the operation of the terminal by a retailer whose license has been suspended or revoked.
Proposal Changes the Following Existing Rules: Before this amendment, WAC 315-20-010 did not address the lottery's policy regarding removal of a retailer's terminal at the time a retailer's license is revoked or suspended.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The lottery has considered whether these rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW, and has determined that they are not for the following reasons: (1) The rules have no economic impact on business' cost of equipment, supplies, labor or administrative costs. The rules are designed to establish rules and procedures for administrative actions in the case of the revocation or suspension of a retailer's license and (2) the rules will have a negligible impact, if any, on the normal operation of business because they are interpretive. They have been promulgated for the purpose of stating policy, procedure and practice and do not include requirements for forms, fees, appearances or other actions by business.
RCW 34.05.328 does not apply to this rule adoption. This section does not apply to these proposed rules because they are not proposed by one of the listed agencies. As the rules are merely interpretive, the lottery does not voluntarily apply this section.
Hearing Location: Criminal Justice Training Center, Education Building, Room 154, 19010 First Avenue South, Seattle, WA 98148, on January 11, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by January 7, 2002, TDD (360) 586-0933, or (360) 664-4833.
Submit Written Comments to: Mary Jane Ferguson, Lottery, fax (360) 586-6586, by January 7, 2002.
Date of Intended Adoption: January 11, 2002.
October 26, 2001
Mary Jane Ferguson
Rules Coordinator
OTS-5297.1
AMENDATORY SECTION(Amending Order 83, filed 12/16/85)
WAC 315-20-010
Director may temporarily suspend license and
remove terminal pending a hearing.
(1) After review and
consideration, the director may temporarily suspend a license or
addendum thereto issued pursuant to these rules pending a hearing
upon suspension or revocation of the license, or issuance of a
renewal thereof, when in the opinion of the director:
(a) The lottery retailer has obtained the license or addendum by fraud, trick, misrepresentation, concealment, or through inadvertence or mistake; or
(b) The lottery retailer has engaged in any act, practice or course of operation as would operate as a fraud or deceit on any person, or has employed any device, scheme or artifice to defraud any person; or
(c) The lottery retailer has violated, failed, or refused to comply with any of the provisions, requirements, limitations, or duties imposed by chapter 67.70 RCW and any amendments thereto or any rules adopted by the commission pursuant thereto; or
(d) Immediate cessation of the licensed activities by the lottery retailer is necessary for the protection or preservation of the welfare of the community within which these activities are being conducted.
(2) After review and consideration, if the director determines that a retailer's license shall be revoked or suspended, the lottery shall immediately remove all lottery terminals and material from the retailer's store(s), in order to prevent any financial loss or harm to the integrity of the lottery. The retailer shall have the right to appeal the decision of the director, and, if the retailer prevails in a final court action which is not appealed, the lottery shall bear the cost of reinstallation of the lottery terminal(s).
(3) Notice of such temporary suspension((s)) and/or terminal
removal shall be served in accordance with WAC 10-08-110.
[Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), § 315-20-010, filed 12/16/85; 83-13-081 (Resolution No. 24), § 315-20-010, filed 6/17/83.]