reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart E - Slot Machine, Table Game and Associated Equipment Testing and Control; Accounting and Internal Controls › Chapter 469a - PRIVATE TESTING AND CERTIFICATION FACILITIES › Section 469a.4 - Responsibilities of a private testing and certification facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A holder of a
				  private testing and certification facility registration shall have a continuing
				  duty to comply with the general requirements in Chapters 421a and 423a
				  (relating to general provisions; and applications; statement of conditions;
				  wagering restrictions).
(b) A
				  private testing and certification facility shall notify the Board immediately
				  if a manufacturer of slot machines, table games, table game devices,
				  interactive games, sports wagering devices, video gaming terminals and all
				  associated equipment or a gaming related gaming service provider licensed by
				  the Board does any of the following:
(1)
				  Attempts, directly or indirectly, to influence improperly a private testing and
				  certification facility or its owners, managers, supervisory personnel and
				  employees, in regard to a slot machine, table game, table game device,
				  interactive game, sports wagering device, video gaming terminals, or all
				  associated equipment, that it, or another person or entity, has submitted for
				  testing or certification for use in a licensed facility, on an authorized
				  interactive gaming or sports wagering web site or mobile application, or at a
				  licensed truck stop establishment.
(2) Engages in any transaction with a private
				  testing and certification facility that the manufacturer or gaming related
				  gaming service provider is using, has used or intends to use to inspect or
				  certify a slot machine, table game, table game device, interactive game, sports
				  wagering device, video gaming terminals, or all associated equipment for use in
				  a licensed facility, on an authorized interactive gaming or sports wagering web
				  site or mobile application, or at a licensed truck stop establishment, in which
				  the private testing and certification facility is required to participate,
				  consult or otherwise be involved in the design, development, programming or
				  manufacture of these items. This restriction does not limit a manufacturer or
				  gaming related gaming service provider from engaging the private testing and
				  certification facility to provide consulting services, provided that the
				  services do not directly or indirectly indicate, suggest or imply how to
				  design, develop, program or manufacture these items.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart E - Slot Machine, Table Game and Associated Equipment Testing and Control; Accounting and Internal Controls › Chapter 469a - PRIVATE TESTING AND CERTIFICATION FACILITIES › Section 469a.5 - Registration term and renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Private
				  testing and certification facility registrations and renewals issued under this
				  chapter will be valid for 5 years from the date of Board approval.
(b) Registered private testing and
				  certification facilities shall submit to the Board a completed renewal
				  application or form and renewal fee at least 6 months prior to the expiration
				  of a registration.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart F - Fees › Chapter 471a - FILING FEES › Section 471a.1 - Fees generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  document for which a fee is required will be received, but will not be deemed
				  filed, until the filing fee, bond, letter of credit or other cost has been
				  paid.
(b) The fees collected by the
				  Board will be deposited into the State Gaming Fund as established in section
				  1403 of the act (relating to establishment of State Gaming Fund and net slot
				  machine revenue distribution).
(c)
				  Fees shall be paid by money order or check made payable to the "Commonwealth of
				  Pennsylvania." Cash will not be accepted by the Board.
(d) To recover the initial cost of the
				  investigation and processing of applications, each application for a license,
				  permit, certification or registration must be accompanied by a nonrefundable
				  fee.
(e) An applicant may be
				  subject to additional fees based on the actual expenses incurred by the Board
				  in conducting the background investigation.
The provisions of this § 471a.1 amended under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and
						(9).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart F - Fees › Chapter 471a - FILING FEES › Section 471a.2 - Schedules of fees

Current through Register Vol. 54, No. 28, July 13, 2024
Fee schedules established by the Board and changes thereto
					 will be published in the
Pennsylvania Bulletin
and will be
					 available on the Board's website (www.pgcb.state.pa.us).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart F - Fees › Chapter 471a - FILING FEES › Section 471a.3 - Adjustment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
On or after July 5, 2006, and annually thereafter, the
					 Board may increase the fees, charges, costs or administrative penalties
					 specified in the act by an amount not to exceed an annual cost-of-living
					 adjustment calculated under section 1208(2) of the act (relating to collection
					 of fees and fines).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart G - Minority and Women's Business Enterprises › Chapter 481a - DIVERSITY › Section 481a.1 - Statement of purpose, policy and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter establishes the procedures
				  for promoting and ensuring that regulated entities foster participation and
				  diversity in all aspects of their operations in this Commonwealth.
(b) It is the policy of the Board to promote
				  and ensure that regulated entities conduct all aspects of their operations in a
				  manner that assures diversity of opportunity as follows:
(1) In the ownership, participation and
				  operation of regulated entities in this Commonwealth.
(2) Through the ownership, participation and
				  operation of business enterprises associated with or utilized by regulated
				  entities.
(3) Through the provision
				  of goods and services utilized by regulated entities.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart G - Minority and Women's Business Enterprises › Chapter 481a - DIVERSITY › Section 481a.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Diversity plan
-A plan that promotes and
					 ensures diversity in ownership, participation and operation of regulated
					 entities; and in employment and contracting by regulated entities.
Minority
-The ethnic/racial categories
					 identified in employer survey reports that are required by the United States
					 Equal Opportunity Commission and the Office of Federal Contract Compliance
					 Programs of the United States Department of Labor under section 709 of the
					 Civil Rights Act of 1964 (42
					 U.S.C.A. §
											2000e-8) or by subsequent
					 amendments to that Federal act.
Participation plan
-An obligation imposed
					 by a regulated entity as part of its contract with a contractor that requires
					 the contractor to utilize minority or women owned business enterprises.
Regulated entity
-An applicant for or
					 holder of the following:
(i) Slot
				  machine license.
(ii) Manufacturer
				  license.
(iii) Supplier
				  license.
(iv) Gaming service
				  provider certification.
(v) Gaming
				  junket enterprise license.
(vi)
				  Management company license.
The provisions of this § 481a.2 amended under
						4
						Pa.C.S. §§
													1103,
						1202(b)(30), 1209(b),
						1317(c), 1317.1(c), 1317.2 and
						1326.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart G - Minority and Women's Business Enterprises › Chapter 481a - DIVERSITY › Section 481a.3 - Diversity participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  list of the minority and women's business enterprises that are verified by the
				  Bureau of Small Business Opportunities of the Department of General Services
				  under 62 Pa.C.S. Part I (relating to Commonwealth Procurement Code) may be used
				  by a regulated entity to establish the eligibility of an enterprise as a
				  minority or women's business enterprise for the purpose of promoting and
				  ensuring minority and women's business participation.
(b) It is the responsibility of the regulated
				  entity to verify that a minority or women's business enterprise that is not
				  verified by the Bureau of Small Business Opportunities of the Department of
				  General Services is a minority or women's business enterprise as defined in 4
				  Pa. Code §
										58.302 (relating to
				  definitions).
The provisions of this § 481a.3 amended under
						4
						Pa.C.S. §§
													1202(b)(15) and
						(30),
						1207(2), (5), (8) and (9),
						1212, 13A02(2), 13A26(c), 1509, 1516, 1518(a)(13) and
						1602.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart G - Minority and Women's Business Enterprises › Chapter 481a - DIVERSITY › Section 481a.4 - Establishment of diversity plan required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each regulated entity shall include in
				  its application for licensure or certification a diversity plan that
				  establishes a separate goal of diversity in the ownership, participation and
				  operation of, and employment at the regulated entity. The Board will determine
				  whether the stated goals set forth in each diversity plan are reasonable and
				  represent a good faith effort to assure that all persons are accorded equality
				  of opportunity in contracting and employment by the regulated entity and its
				  contractors, subcontractors, assignees, lessees and agents.
(b) A regulated entity may demonstrate
				  achievement of its diversity goals through one or both of the following:
(1) Contracting or transacting directly with
				  minority and women's business enterprises.
(2) Contracting with a nonminority business
				  enterprise under terms and conditions that establish a participation
				  plan.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart G - Minority and Women's Business Enterprises › Chapter 481a - DIVERSITY › Section 481a.5 - Report of participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As
				  part of an application to renew a license or certification, a regulated entity
				  shall file a report with the Board concerning the performance of its diversity
				  plan. The report must contain the following:
(1) Employment data, including information on
				  the following:
(i) Minority and women
				  representation in the regulated entity's workforce in all job
				  classifications.
(ii) Salary
				  information.
(iii) Recruitment and
				  training information, including executive and managerial level recruitment and
				  training.
(iv) Retention and
				  outreach efforts.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart G - Minority and Women's Business Enterprises › Chapter 481a - DIVERSITY › Section 481a.6 - Diversity reviews

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Onsite
				  diversity reviews may be performed on an annual basis or at the discretion of
				  Board staff to ensure compliance with this chapter.
(b) Advanced written notice will be provided
				  to a regulated entity prior to the conduct of an onsite diversity review by
				  Board staff.
The provisions of this §
												481a.6 amended under the
						Pennsylvania Race Horse Development and Gaming Act,
						4
						Pa.C.S. §§
													1202(b)(15) and
						(30),
						1207(2), (5), (8) and (9),
						1212, 13A02(2), 13A26(c), 1509, 1516, 1518(a)(13) and
						1602.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.1 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
This subpart governs practice and procedure before the
					 Board and the OHA, and is intended to supplement 2 Pa.C.S. (relating to
					 administrative law and procedure) and 1 Pa. Code Part II (relating to General
					 Rules of Administrative Practice and Procedure).
The provisions of this § 491a.1 ameneded under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and (9).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
					 have the following meanings, unless the context clearly indicates otherwise:
Adjudication
-An order, decree, decision,
					 determination or ruling by the Board affecting the personal or property rights,
					 privileges, immunities, duties, liabilities or obligations of the parties to
					 the proceeding in which the adjudication is made.
Complainant
-The Bureau or other persons
					 authorized by the Board to file a complaint.
Consent agreement
-A voluntary agreement or
					 proposal to act based on specific terms which are entered into by all parties
					 to a proceeding to resolve a disputed matter.
Documentary evidence
-Any document or paper
					 which is presented and accepted as evidence in a proceeding.
Documentary hearing
-A proceeding limited
					 to a review of documentary evidence submitted by the parties, including
					 pleadings, documents, depositions, affidavits, interrogatories and transcripts.
Exception
-A formal objection to a report
					 or recommendation of a presiding officer.
Intervener
-A person who petitioned to
					 intervene in a proceeding and who was admitted by the Board as a participant to
					 the proceeding.
OHA-Office of Hearings and Appeals
-A
					 division of the Board charged with administrating and conducting hearings or
					 other matters as the Board may direct.
Oral hearing
-A proceeding wherein the
					 parties may present sworn testimony, documents or other evidence, and of which
					 a verbatim record is made.
Participant
-A person admitted by the Board
					 to limited participation in a proceeding.
Party
-A person who is named in or admitted
					 to a proceeding before the Board and who has a direct interest in the subject
					 matter of the proceeding.
Prehearing conference
-A proceeding to
					 establish a schedule, discuss offers of settlement and identify other issues
					 the Board or presiding officer may direct.
Presiding officer
-
(i) A member of the Board, or other person
				  designated by the Board to conduct a proceeding.
(ii) This definition supersedes 1 Pa. Code
				  §
										31.3 (relating to the
				  definitions).
Respondent
-A person to whom an order or
					 notice is issued by the Board or the Bureau instituting a proceeding or
					 investigation.
The provisions of this § 491a.2 amended under
						4
						Pa.C.S. §§
													1202(b)(30),
						1205 and
						1207(2) and (9).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.3 - Office of the Clerk

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board's
				  Office of the Clerk (Clerk) will have the following duties:
(1) Provide information as to practice and
				  procedure before the Board, under this subpart.
(2) Receive and docket pleadings and other
				  documents required by the Board to be filed with the Clerk.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.4 - Filing generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Pleadings and other documents filed with the Clerk must clearly designate the
				  docket number, if one has been assigned, and a short title identifying the
				  pleading or other document. The identity of the individual making the
				  submission, including name, mailing address, status (for example, party or
				  attorney for a party) and Board issued credential number, if applicable, must
				  appear on the document.
(b)
				  Pleadings, including documents filed under this chapter, must also comply with
				  Chapter 495a (relating to documentary filings).
(c) If a pleading tendered for filing does
				  not comply with this subpart, does not sufficiently set forth required material
				  or is otherwise insufficient, the Clerk may decline to accept it for filing and
				  may return it without filing, or the Clerk may accept it for filing and advise
				  the person tendering it of the deficiency and require that the deficiency be
				  corrected.
(d) The Clerk may
				  require redundant, immaterial, obscene or otherwise inappropriate comments
				  stricken from documents filed.
The provisions of this § 491a.4 amended under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and
						(9).
This section cited in 58 Pa. Code §
												493a.4 (relating to petitions
						generally).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.5 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
This section applies to service of an order,
				  notice or other document from the OHA or the Office of Enforcement
				  Counsel.
(b)
Service of a
				  document initiating a proceeding.
(1)
Registered or certified
				  mail.
Service may be made by both first class and registered or
				  certified mail, return receipt requested.
(2)
Personal.
Service may be
				  made personally by delivering a copy:
(i)
				  Directly to the person named in the notice, pleading or order.
(ii) At the residence of the person named in
				  the notice, pleading or order, to an adult member of the family with whom the
				  person named resides. If no adult member of the family is found, then to an
				  adult person in charge of the residence.
(iii) At the residence of the person named in
				  the notice, pleading or order, to the clerk or manager of the hotel, inn,
				  apartment house, boarding house or other place of lodging at which the person
				  named resides.
(iv) At any office
				  or usual place of business of the person named in the notice, pleading or
				  order, to his agent or to the person who for the time being is in charge
				  thereof. For purposes of this subsection, the phrase "any office or usual place
				  of business of the person named in the notice, pleading or order" will include
				  the following locations:
(A) The licensed
				  facility at which the person named is employed, licensed in connection
				  therewith, or routinely performs his duties of employment.
(B) The office of the agent identified by the
				  person named to receive service of process.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.7 - Presiding officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				  evidence is to be taken in a hearing, the Board or a presiding officer may
				  conduct the hearing.
(b) The Board
				  and presiding officers shall have the power and authority to:
(1) Regulate the course of hearings,
				  including the scheduling thereof, and the recessing, reconvening and the
				  adjournment thereof, unless otherwise provided by the Board, as provided in
				  §
											494a.1(a)
				  (relating to generally).
(2)
				  Administer oaths and affirmations.
(3) Issue subpoenas.
(4) Rule upon offers of proof and receive
				  evidence.
(5) Preside over or cause
				  depositions to be taken.
(6) Hold
				  conferences before or during hearings.
(7) Dispose of procedural matters, but not
				  before a proposed report, if any, to dispose of motions made during hearings to
				  dismiss proceedings or other motions which involve final determination of
				  proceedings has been submitted to the Board.
(8) Certify any question to the Board for
				  consideration and disposition, within the presiding officer's discretion, or
				  upon direction of the Board.
(9)
				  Submit proposed reports or reports and recommendations in accordance with this
				  subpart.
(10) Take other action
				  appropriate to the discharge of their duties as may be designated by the Board
				  and authorized by the act.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.8 - Hearings generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
				  the Board hears the matter directly, all matters, except for hearings under
				  §
										441a.7 (relating to licensing
				  hearings for slot machine licenses), will be assigned to the OHA. The Board may
				  designate a member of the Board or other qualified person to serve as presiding
				  officer in a particular matter.
(b)
				  Hearings will be public unless a party invokes protection afforded to the party
				  under section 1206 of the act (relating to Board minutes and records) or §
										407a.3(a)
				  (relating to confidential information).
(c) Hearings may provide for:
(1) Receipt of sworn testimony.
(2) Receipt of all relevant oral or
				  documentary evidence.
(3)
				  Opportunity for parties to be heard.
(4) A complete evidentiary record.
(5) Submission by the presiding officer of a
				  report or report and recommendation to the Board.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.9 - Prehearing and other conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A prehearing conference may be scheduled by the Board or presiding officer at
				  his discretion. The Board or a presiding officer may also schedule a prehearing
				  conference at the request of one party or by agreement of the
				  parties.
(b) When the Board or
				  presiding officer directs that a prehearing conference be held, all parties
				  shall appear at the time and place designated. Notice of the time and place of
				  the conference will be given to all parties. At the discretion of the Board or
				  presiding officer, the conferences may be conducted telephonically or by video
				  conference.
(c) The following
				  matters will be considered at a prehearing conference:
(1) The possibilities for settlement of the
				  proceeding, subject to the approval of the Board.
(2) The amount of hearing time which will be
				  required to dispose of the proceeding and the establishment of a schedule of
				  hearing dates.
(3) Other matters
				  that may aid in expediting the orderly conduct and disposition of the
				  proceeding and the furtherance of the public interest, including, but not
				  limited to:
(i) The simplification of the
				  issues.
(ii) The exchange and
				  acceptance of service of exhibits proposed to be offered in evidence.
(iii) The obtaining of admissions as to, or
				  stipulations of, facts not remaining in dispute, or the authenticity of
				  documents.
(iv) The number of
				  witnesses and any limitation imposed thereon.
(v) The discovery or production of
				  data.
(vi) Other matters as may
				  properly be dealt with to aid in expediting the orderly conduct and disposition
				  of the proceeding.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 491a - GENERAL RULES OF PRACTICE › Section 491a.10 - Presentation and effect of stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Independently of the orders or rulings
				  issued by the Board or presiding officer relating to prehearing and other
				  conferences, the parties may stipulate as to relevant matters of fact or the
				  authenticity of relevant documents. The stipulations may be received in
				  evidence at a hearing, and when received shall be binding on the parties with
				  respect to the matters stipulated.
(b) This section supersedes 1 Pa. Code §
										35.155 (relating to presentation
				  and effect of stipulations).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.1 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pleadings
				  permitted are as follows:
(1)
				  Complaints.
(2)
				  Petitions.
(3) Motions.
(4) Answers to pleadings.
(5) Exceptions.
(6) Appeals of staff decisions under 1 Pa.
				  Code §
											35.20 (relating to appeals from
				  actions of the staff). Appeals under §
											491a.7(f)
				  (relating to presiding officers) are not included.
(7) Notices.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.2 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A proceeding
				  against a licensee, permittee, persons registered or certified by the Board or
				  an employee of a licensee or persons registered or certified by the Board shall
				  be initiated by written complaint filed by the complainant, which must include
				  a statement, in ordinary and concise language, setting forth the matter
				  complained of and the facts supporting the complaint.
(b) Complaints may be filed by the Office of
				  Enforcement Counsel.
(c) Complaints
				  will be served in accordance with §
										491a.5 (relating to
				  service).
(d) This section
				  supplements 1 Pa. Code §§
										35.9-35.11 and
				  35.14 (relating to formal
				  complaints; and orders to show cause).
The provisions of this § 493a.2 amended under
						4
						Pa.C.S. §§
													1202(b)(30),
						1205 and
						1207(2) and
						(9).
This section cited in 58 Pa. Code §
												405a.6 (relating to enforcement
						action).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.3 - Satisfaction of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				  respondent satisfies a complaint either before or after a hearing, a statement
				  to that effect signed by the complainant shall be filed with the Clerk setting
				  forth that the complaint has been satisfied and requesting dismissal or
				  withdrawal of the complaint. Except when requested by the parties, the Board
				  will not be required to render a final order upon the satisfaction of a
				  complaint.
(b) This section
				  supersedes 1 Pa. Code §
										35.41 (relating to satisfaction of
				  complaints).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.5 - Answers to complaints, petitions, motions and other filings requiring a response

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Answers to
				  complaints, petitions, motions, appeals of staff decisions and other filings
				  requiring a response shall be filed with the Clerk and served on all other
				  parties within 30 days after the date of service of the complaint, petition,
				  motion or other pleading, unless a different time is prescribed by the Board,
				  presiding officer or elsewhere in the Board's regulations.
(b) Failure to file a timely answer to a
				  complaint or petition will constitute an admission of all matters and facts
				  contained in the filing and may result in the waiver of the right to a
				  hearing.
(c) Answers may contain
				  the following:
(1) Admissions of the matter
				  complained of and the alleged facts, in whole or in part.
(2) New matter or explanation by way of
				  defense.
(3) Legal
				  objections.
(4) Affirmative
				  defenses.
(5) A request for a
				  hearing.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.6 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board or
				  presiding officer, with or without motion, may consolidate proceedings
				  involving a common question of law or fact.
(b) The section supersedes 1 Pa. Code §
										35.45 (relating to
				  consolidation).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.7 - Amendments and withdrawal of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Amendments and withdrawal of pleadings
				  shall be in accordance with 1 Pa. Code §§
										35.48-35.51 (relating to amendment and
				  withdrawal of pleadings).
(b)
				  Answers to amended pleadings, if required, shall be filed within 30 days after
				  the date of service of the amended pleadings. This section supersedes 1 Pa.
				  Code §
										35.40 (relating to answers to
				  amendments of pleadings).
The provisions of this § 493a.7 amended under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and
						(9).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.8 - Motions generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  motion may be made at any time after the initiation of a proceeding for
				  procedural relief including a request for an extension of time, a continuance
				  of a hearing or other scheduled proceeding, or a request for a prehearing
				  conference.
(b) Motions may be made
				  in writing or orally on the record. A presiding officer may require that a
				  motion made orally also be made in writing.
(c) Answers or objections to written motions
				  shall be made within 30 days after the date of service of the motion unless
				  otherwise directed by the Board or presiding officer.
(d) Written motions and answers or objections
				  to written motions shall be served upon all parties in accordance with §
										491a.5 (relating to
				  service).
(e) Motions to the Board
				  seeking interlocutory determinations on rulings of a presiding officer are not
				  permitted.
(f) The presiding
				  officer may rule upon any motion filed prior to the submission of a report or
				  report and recommendation to the Board. When a ruling on a motion would
				  constitute a final determination of the proceedings, the ruling on the motion
				  shall be made part of the report or report and recommendation to the
				  Board.
(g) This section supersedes
				  1 Pa. Code §§
										35.177 -35.180 (relating to
				  motions).
The provisions of this § 493a.8 amended under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and
						(9).
This section cited in 58 Pa. Code §
												493a.11 (relating to
						discovery).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.9 - Preliminary motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  preliminary motion may be filed by a party. The preliminary motion must state
				  the specific grounds relied upon, and be limited to the following:
(1) A motion questioning the jurisdiction of
				  the Board or the presiding officer.
(2) A motion to strike a pleading that is
				  insufficient as to form.
(3) A
				  motion for a more specific pleading.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.10 - Motions for summary judgment and judgment on the pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Motion
				  for judgment on the pleadings.
After the pleadings are closed, but
				  within a time so that the hearing is not delayed, a party may move for judgment
				  on the pleadings.
(b)
Motion for summary judgment.
After the pleadings are closed,
				  but within a time so that the hearing is not delayed, a party may move for
				  summary judgment based on the pleadings and depositions, answers to
				  interrogatories, admissions and supporting affidavits.
(c)
Answers to motions.
An
				  answer to a motion for summary judgment or a motion for judgment on the
				  pleadings, including an opposing affidavit to a motion for summary judgment,
				  may be filed with the Clerk and served on all other parties within 30 days of
				  the date of service of the motion. An answer to a motion for summary judgment
				  may be supplemented by pleadings, depositions and answers to
				  interrogatories.
(d)
Decisions on motions.
If a motion is granted in whole or in
				  part by a presiding officer, it will be in the form of a report or report and
				  recommendation. The Board will make a final ruling on a motion for judgment on
				  the pleadings or a motion for summary judgment.
(e)
Supersession.
This
				  section supersedes 1 Pa. Code Chapter 35, Subchapter D (relating to
				  motions).
The provisions of this § 493a.10 amended under
						4
						Pa.C.S. §§
													1202(b)(30),
						1205 and
						1207(2) and
						(9).
This section cited in 58 Pa. Code §
												407a.1 (relating to case
						files).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.10a - Motions to protect confidential information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party or individual may designate
				  information as confidential under §
										407a.3 (relating to confidential
				  information) in any papers filed with the Clerk by filing a Motion to Protect
				  Confidential Information.
(b) A
				  Motion to Protect Confidential Information must:
(1) Set forth the specific legal grounds to
				  justify why the information should be deemed confidential and therefore
				  protected.
(2) Include a redacted
				  version of the entire filing which will be available for immediate release to
				  the public.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.11 - Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The ability to
				  obtain discovery in an administrative proceeding before the Board or presiding
				  officer is committed to the discretion of the Board or presiding officer and
				  will generally be limited to the information, documents and list of witnesses
				  that any party will present during a hearing.
(b) The presiding officer may grant a request
				  for discovery if the request will serve to facilitate an efficient and
				  expeditious hearing process, will not unduly prejudice and burden the
				  responding party and as may be required in the interests of justice.
(c) At the discretion of the presiding
				  officer, discovery may be granted and limited to the following:
(1) Written interrogatories.
(2) Depositions.
(3) Production of documents or
				  things.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.12 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The decision to
				  grant a petition 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 to the underlying proceeding. 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) The Board may grant a petition to
				  intervene if it determines:
(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.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 493a - PLEADINGS › Section 493a.13 - Consent agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties
				  may propose consent agreements at any time prior to the entry of a final
				  order.
(b) Consent agreements must
				  be in writing, signed by all parties and accurately reflect the terms of the
				  consent agreement, including the facts agreed to by the parties constituting
				  the grounds for the action proposed in the consent agreement.
(c) If the consent agreement is proposed in a
				  matter that is the subject of a proceeding before a presiding officer, the
				  proposal of the consent agreement will stay the proceeding until the consent
				  agreement is acted upon by the Board.
(d) The consent agreement shall be presented
				  to the Board for its approval or disapproval. If the Board approves the consent
				  agreement, it will become the final order of the Board. If the Board
				  disapproves the consent agreement, the parties will be notified and the consent
				  agreement and any documents solely relating to the consent agreement will not
				  constitute part of the record.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.1 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A hearing
				  calendar of all matters set for hearing will be maintained by the Clerk and
				  will be in order of assignment as far as practicable. All matters will be
				  conducted from Harrisburg, in person, by means of video conference or by
				  telephone, unless a different site is designated by the Board, Executive
				  Director or the presiding officer. The Board, Executive Director or the
				  presiding officer, in its discretion with or without motion, may at any time
				  with due notice to the parties advance or postpone any proceeding on the
				  hearing calendar.
(b) Hearings will
				  be held before the Board or presiding officer, and all appearances, including
				  staff counsel participating, will be entered upon the record, with a notation
				  on whose behalf each appearance is made. A notation will be made in the record
				  of the names of the members of the staff of the Board participating, including
				  accountants, and other experts who are assisting in the investigation of the
				  matter. This section supersedes 1 Pa. Code §§
										35.123 and
				  35.124 (relating to conduct of
				  hearings; and appearances).
(c) In
				  hearings, neither the Board nor the presiding officer will be bound by
				  technical rules of evidence, and all relevant evidence of reasonably probative
				  value may be received. Reasonable examination and cross-examination will be
				  permitted at all oral hearings. If a party does not testify on his own behalf,
				  the party may be called and examined as if under cross-examination.
(d) Subsection (a) supersedes 1 Pa. Code
				  §
										35.102 (relating to hearing
				  calendar).
The provisions of this § 494a.1 amended under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and
						(9).
This section cited in 58 Pa. Code §
												491a.7 (relating to presiding
						officers).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.2 - Oral hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Oral hearings will be conducted in accordance with 1 Pa.
					 Code §§
										35.121-35.126 and Subchapter C (relating
					 to evidence and witnesses).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this § 494a.3 reserved under
						4
						Pa.C.S. §§
													1202(b)(30) and
						1207(2) and (9).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.4 - Report or report and recommendation of the presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Following a
				  hearing, a report or report and recommendation of the presiding officer may be
				  required by the Board, except that recommendations will not be made in
				  proceedings involving the issuance, approval, renewal, revocation, suspension
				  or conditioning of a license.
(b)
				  The presiding officer will, through the Clerk, certify to the Board a verbatim
				  record of any oral hearing, all documents submitted for consideration, and a
				  report or report and recommendation, when required, as soon as practicable
				  after the conclusion of the hearing and expiration of the time for filing of
				  briefs.
(c) The presiding officer's
				  report or report and recommendation will include a statement of:
(1) Findings and conclusions, as well as the
				  reasons or basis therefore, for all the material issues of fact, law or
				  discretion presented on the record.
(2) The appropriate statutory provision,
				  regulation, order, sanction, relief or denial thereof.
(3) Facts officially noticed under 1 Pa. Code
				  §
											35.173 (relating to official
				  notice of facts), relied upon in the decision.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.5 - Review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Clerk will
				  transmit the record of the hearing to the Board and will make it available to
				  all parties.
(b) The Board will
				  review the record of the hearing and the report or report and recommendation of
				  the presiding officer. The Board may adopt some or all of the recommendations,
				  conduct a full or partial de novo hearing, or remand all or part of the matter
				  to a presiding officer for the taking of additional evidence or clarification
				  of issues, or make an adjudication based on the record.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.6 - Reopening of record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the
				  conclusion of the hearing, a party in a proceeding may file with the Clerk,
				  prior to the issuance of an order of the Board or a report or report and
				  recommendation, a motion to reopen the record for the purpose of taking
				  additional evidence. The motion must set forth clearly the facts claimed to
				  constitute grounds requiring reopening of the record, including material
				  changes of fact or law alleged to have occurred since the record was
				  concluded.
(b) After the issuance
				  of a report or report and recommendation by a presiding officer and before the
				  Board issues its final order, a party in a proceeding may file with the Clerk,
				  a motion to reopen the record for the purpose of taking additional evidence.
				  The motion must set forth clearly the facts claimed to constitute grounds
				  requiring reopening of the record, including material changes of fact or law
				  alleged to have occurred since the issuance of a report or report and
				  recommendation.
(c) Answers may be
				  filed within 10 days of service of the motion. If no answers are filed,
				  objections to the granting of the motion are waived.
(d) After the filing of the motion and
				  answer, the Board or presiding officer will grant or deny the motion.
(e) Prior to filing a report or report and
				  recommendation, the presiding officer, after notice to the parties, may reopen
				  the record for the receipt of further evidence on his own motion, if the
				  presiding officer has reason to believe that the facts or law have changed as
				  to require, or that the public interest requires, the reopening of the
				  record.
(f) Prior to the issuance
				  of a final order, the Board, after notice to the parties, may reopen the record
				  for the receipt of further evidence, if the Board has reason to believe that
				  the facts or law have changed as to require, or that the public interest
				  requires, the reopening of the record.
(g) This section supersedes 1 Pa. Code
				  §§
										35.231-35.233 (relating to reopening of
				  record).
The provisions of this § 494a.6 amended under
						4
						Pa.C.S. §§
													1202(b)(30),
						1205 and
						1207(2) and (9).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart H - Practice and Procedure › Chapter 494a - HEARING PROCEDURE › Section 494a.7 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may
				  file exceptions to the report or report and recommendation of the presiding
				  officer within 15 days of the date of the report or report and recommendation,
				  unless the time is extended upon good cause shown.
(b) Exceptions must be in writing, filed with
				  the Clerk, and state with particularity the matter objected to, including the
				  portion of the record where the basis of the objection may be found, and any
				  supporting legal argument.
(c) A
				  response to exceptions shall be filed within 15 days of the date of service of
				  the exceptions.
(d) The record,
				  including exceptions and responses thereto, will be forwarded to the Board for
				  its consideration.
(e) This section
				  supersedes 1 Pa. Code §§
										35.211-35.214 (relating to exceptions to
				  proposed reports).
The provisions of this § 494a.7 amended under
						4
						Pa.C.S. §§
													1202(b)(30),
						1205 and
						1207(2) and (9).