reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter D - DISCOVERY › Rule 899.401 - Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except when
				  required under subsection (c) or (d), discovery material may not be filed with
				  the Board. The party serving the discovery material or taking the deposition
				  shall retain the original and be custodian of it.
(b) If a part of discovery material is used
				  as evidence in connection with a motion, the relevant part shall be set forth,
				  verbatim, in the motion or response. If discovery material is used as evidence
				  at the hearing, the party offering it shall read it into the record or, if
				  directed to do so by the Board, offer it as an exhibit.
(c) The Board will resolve a dispute
				  concerning the accuracy of a quotation of discovery material used as provided
				  in subsection (b) and may require production of the original paper or
				  transcript.
(d) The Board, on its
				  own motion, on the motion of a party or on an application by a nonparty, may
				  require the filing of original discovery material. The parties may provide for
				  the filing by stipulation.
(e) A
				  party serving a request for discovery including depositions by oral
				  examination, and a party filing written responses thereto shall file with the
				  Board and serve upon all other parties or their counsel a notice of service
				  substantially in the form prescribed in subsection (f). A party which files a
				  motion or petition under Rule
				  899.301 or Rule
				  899.402 (relating to motions and
				  petitions; and discovery motions) in response to a discovery request or a
				  discovery response is not required to file and serve a notice of service in
				  addition thereto.
(f) The notice of
				  service required by subsection (e) shall be substantially in the following
				  form:
(CAPTION)
Notice of Service
You are hereby notified that on the ___ day of __, 20 ____
					 , (identify discovery request or response) was served upon the following
					 parties or their counsel via United States Mail, first class, postage prepaid,
					 and addressed as follows:
(names and addresses to whom discovery request or response
					 were directed)
______________
Name
Supreme Court I. D. No.
Address
Phone
Attorneys for
The provisions of this Rule
						899.401 amended under the
						Commonwealth Procurement Code,
						62 Pa.C.S. §
													1722(6); and sections 504(a)
						and 1307 of the Right-to-Know Law (65 P. S. §§
													67.504(a) and
						67.1307).
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter D - DISCOVERY › Rule 899.402 - Discovery motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A discovery
				  motion shall be prepared in accordance with Rule
				  899.301 (relating to motions and
				  petitions).
(b) A moving party
				  filing a motion to compel answers to interrogatories or production of documents
				  need not file a brief with the motion, if the motion avers only that a response
				  or objection has not been timely served. The Pa.R.C.P. which are relied upon
				  shall be cited in the motion. The Board may grant or deny the motion without
				  waiting for a response.
This rule cited in 61 Pa. Code Rule
						899.301 (relating to motions and
						petitions); and 61 Pa. Code Rule
						899.401 (relating to
						discovery).
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter D - DISCOVERY › Rule 899.403 - Limitation on discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During
				  the pendency of an action, a party may not serve on another party more than 60
				  interrogatories, including all subparts and requests for admission.
(b) If the party files a motion showing good
				  cause, the Chief Administrative Judge may allow a party to exceed the limit in
				  subsection (a). The motion shall be prepared in accordance with Rule
				  899.301 (relating to motions and
				  petitions).
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter E - PREHEARING › Rule 899.501 - Prehearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Status conference.
(1) At
				  the discretion of the Chief Administrative Judge, a status conference may be
				  held within 120 days after the filing of the claim. The conference may be by
				  telephone or in person. Matters to be considered at the conference include:
(i) Jurisdictional defects.
(ii) Prospects of amicable
				  settlement.
(iii) Establishing a
				  schedule for remaining prehearing proceedings including discovery deadlines and
				  prehearing memoranda filings.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter G - SETTLEMENT › Rule 899.701 - Notice of proposed settlement

Current through Register Vol. 54, No. 28, July 13, 2024
If during the pendency of an action before the Board the
					 parties agree upon a proposed settlement, the parties shall immediately notify
					 the Board.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter G - SETTLEMENT › Rule 899.702 - Termination of case by settlement

Current through Register Vol. 54, No. 28, July 13, 2024
Within 10 days after the conclusion of the settlement, the
					 parties shall notify the Board in writing. The Board will mark its record of
					 the case "settled."
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 899 - RULES OF PROCEDURE › Subchapter H - POSTHEARING › Rule 899.801 - No posthearing motions

Current through Register Vol. 54, No. 28, July 13, 2024
After hearing and the issuance by the Board of its findings
					 of fact, conclusions of law, opinion and order, posthearing motions may not be
					 filed. The findings of fact, conclusions of law, opinion and order are a final
					 appealable order.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.1 - Creation and meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Legislature created the Board of Claims (Board) and it is required to devote
				full time to the duties imposed by the act of May 20, 1937 (P. L. 728, No. 193)
				(act) (72 P. S. §§
										4651-1-4651-10). The Board will be open and
				operating Monday through Friday in Harrisburg except on legal holidays as
				established by the Board.
(b)
				Executive administrative meetings of the Board, as needed, will be held in the
				Harrisburg headquarters location, 7th Floor Fulton Building, 3rd and Locust
				Streets, Harrisburg, Pennsylvania.
(c) The Board will comply with the Sunshine
				Act (65 P. S. §§
										271-286) and other laws applicable to regular
				meetings.
(d) Special meetings of
				the Board may be held at the Harrisburg headquarters, and special meetings may
				be called by the Chairperson or Vice Chairperson with concurrence of one other
				member upon 1 day's notice or special meetings may be held at any time by
				unanimous consent of the Board. In the case of special meetings, the Sunshine
				Act and other laws applicable to special meetings will be fully complied with.
				Business of the Board's government will be transacted at administrative or
				special meetings.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.2 - Quorum

Current through Register Vol. 54, No. 28, July 13, 2024
At the hour appointed for meetings, the Executive Secretary
				  or Secretary will call the roll of the members and announce whether a quorum is
				  present. If a quorum is present, the Board will proceed with the business
				  before it. Two members of the Board will be necessary to constitute a quorum
				  and no action of the Board will be binding unless two members vote in favor
				  thereof.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.3 - Officers

Current through Register Vol. 54, No. 28, July 13, 2024
The officers of the Board for its government shall be a
				  Chairperson, who will be the Lawyer Member and Chief Administrative Judge; Vice
				  Chairperson, who will be the Citizen Member; and Secretary, who will be the
				  Engineer Member. These officers will have a term which corresponds to their
				  term of office as required by the act and until their successors are appointed
				  and qualified.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.4 - Chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The Board Chairperson, Lawyer Member, will preside at
				  meetings at which he is present. He will be the Chief Administrative Judge and
				  will have general supervision of the legal administrative affairs of the Board
				  subject to the act, this chapter and associated policy and procedure directives
				  issued by the Board.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.5 - Vice Chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The Vice Chairperson, Citizen Member, will perform the duties
				  and exercise the functions of the Chairperson in his absence, or during his
				  inability to act or during a vacancy in the office of the Lawyer Member. The
				  Vice Chairperson will have charge of overseeing the requisition, purchasing and
				  personnel functions as approved by Board resolution. The Vice Chairperson will
				  perform other duties as may be assigned by the Board.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.6 - Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary, Engineer Member, subject to the act, this
				  chapter and associated policy and procedure directives will have charge of
				  overseeing the budgeting and expenditure of funds as approved by Board
				  resolution.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.7 - Senior Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Senior
				Counsel will be appointed by the Board and will be a lawyer in good standing
				before the Supreme Court of Pennsylvania. He will be responsible for the
				overall management of claims submitted to the Board so that all cases will, as
				far as practicable, be listed for hearing in a timely manner, will supervise
				all legal counsel employed by the Board and coordinate and expedite the
				proceedings as governed by 231 Pa. Code (relating to the Rules of Civil
				Procedure) and this chapter, not otherwise inconsistent with the act.
(b) The Senior Counsel will, in cooperation
				with the Executive Secretary, be responsible for the performance of the
				reporter function, to catalog and have published the Opinions of the Board,
				under the act and other incidental duties assigned by the Board. The Senior
				Counsel will be required to devote full time to these duties.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.8 - Executive Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Secretary will be appointed by the Board and
				  devote full time to the duties assigned by the Board. The Executive Secretary
				  will be responsible for the processing of claims in the Fiscal Code Division,
				  performance of the custodial functions of the Board's documents and, with the
				  Senior Counsel, carry-out the reporter function and other incidental duties
				  assigned by the Board.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.9 - Chief Administrator

Current through Register Vol. 54, No. 28, July 13, 2024
The Chief Administrator will be appointed by the Board and
				  devote full time to the duties assigned by the Board. The Chief Administrator
				  will be responsible for administering the clerical staff support functions,
				  preparation of the budget, payroll, purchasing and payment documents and other
				  incidental duties as assigned by the Board.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.10 - Hearing panels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
				will be responsible for the appointment of three hearing panels and oversight
				of their operation and performance in conducting hearings and submitted
				findings and recommendations.
(b)
				The Board may appoint three hearing panels regionally located in the western,
				central and eastern parts of this Commonwealth. Each hearing panel shall
				consist of two individuals, one of whom will be a registered engineer and the
				other of whom will be a lawyer in good standing before the Supreme Court of
				Pennsylvania and will be the Panel Chairperson. The Board will appoint
				qualified panelists from the respective regions and may appoint alternate panel
				members, lawyers in good standing before the Supreme Court of Pennsylvania or
				registered in engineering when panel vacancies are anticipated to observe and
				study the Board's claim process. The Board, in a timely manner, will review and
				approve case assignments to panels and the location of their hearings and
				submissions of recommendations.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.11 - Board employes

Current through Register Vol. 54, No. 28, July 13, 2024
With majority consent, the Board will have the power to and
				  may appoint, promote, demote or discharge employes, including lawyers,
				  engineers, stenographers and legal assistants as needed in the proper exercise
				  of its function.
Pennsylvania Code › Title 61 - REVENUE › Part VI - Board of Claims › Chapter 900 - GOVERNMENT OF THE BOARD OF CLAIMS-STATEMENT OF POLICY › Section 900.13 - Case discussions

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will establish the time and dates for executive
				  case discussion meetings after all Findings of Fact and Conclusions of Law have
				  been filed with the Board by the plaintiff and defendant.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.21 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This part applies to manufacturers and distributors who
						sell or intend to sell games of chance in this Commonwealth and to eligible
						organizations located in municipalities within this Commonwealth which have
						adopted the act by an affirmative vote in a municipal referendum under the
						act.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.23 - Restriction of sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Manufacturers
.
(1)
Registration.
A manufacturer shall register with the
					 Department and obtain a manufacturer registration certificate to sell, offer
					 for sale or furnish games of chance for use in this Commonwealth. This
					 paragraph does not apply to manufacturers that only sell, offer for sale or
					 furnish raffle, daily drawing or weekly drawing tickets for use in this
					 Commonwealth.
(2)
Sales.
A registered manufacturer may only sell, offer for sale
					 or furnish games of chance that have been approved by the Department for sale
					 in this Commonwealth. A registered manufacturer may only sell, offer for sale
					 or furnish approved games of chance for sale in this Commonwealth to a licensed
					 distributor. This paragraph does not apply to the sale of raffle, daily drawing
					 or weekly drawing tickets.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.23a - Effect of denial, suspension, revocation, expiration of a certificate, license or game of chance

Current through Register Vol. 54, No. 28, July 13, 2024
A certificate, license or game of chance that has been
						denied, suspended or revoked or that has expired is not a valid certificate,
						license or game of chance. A person, applicant for or holder of a certificate
						or license or owner of a game of chance cannot avail himself of the privileges
						that the act and this part confers upon a holder of a valid certificate or
						license or an approved game of chance following a denial, suspension or
						revocation.
This section cited in 61 Pa. Code §
													901.168 (relating to stay of
						  appeal).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.25 - Vested rights

Current through Register Vol. 54, No. 28, July 13, 2024
A certificate or license confers only a privilege on the
						holder. A certificate or license confers no vested right in the privilege so
						conferred.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.26 - Background checks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As a
					 condition precedent to the issuance of a license or certificate, the Department
					 may require background checks on a person seeking a license or for whom a
					 certificate is sought, or employees thereof, or of a person participating as an
					 employee who will be involved in the operation of games of chance or a person
					 with equity ownership of 10% or more.
(b) The applicant or the person for whom a
					 license or certificate is requested shall cooperate with the Department and
					 assist in its investigation.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.27 - Proration of fees

Current through Register Vol. 54, No. 28, July 13, 2024
A license or registration fee will not be
						prorated.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.28 - Inspection of premises

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Licensed premises, or premises relating to or being used for activities
					 conducted under the act and this part by a licensed eligible organization,
					 registered manufacturer or licensed distributor shall be open to inspection by
					 the Department or its authorized representatives with or without prior notice,
					 but the inspection shall:
(1) Take place
					 during the registrant's or licensee's normal business hours or normal operating
					 hours.
(2) Take place only when a
					 reasonable belief exists that a violation of the act or this part has occurred,
					 is occurring or will occur.
(3) Be
					 limited to the inspection of matters, areas and records associated with games
					 of chance to insure compliance with the act and this part.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.29 - Illegal prizes

Current through Register Vol. 54, No. 28, July 13, 2024
A prize may not be given which is illegal under a
						municipal, State or Federal law.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.30 - Prohibited practices, contracts, gifts, and the like

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A manufacturer or distributor or employee
					 thereof may not directly or indirectly solicit, give or offer to give or
					 receive from another licensee or registrant or an employee thereof gifts, loans
					 of money, premiums, rebates, free merchandise or services of a substantial
					 value. A licensee or registrant or employee thereof, may not directly or
					 indirectly solicit, receive from, or give or offer to give a manufacturer or
					 distributor or his employee gifts, loans of money, premiums, rebates, free
					 merchandise or services of a substantial value.
(b) A manufacturer, distributor or
					 representative thereof may not sell to or solicit from a person an order for a
					 game of chance contingent upon that person or another purchasing or ordering
					 some other game of chance.
(c) A
					 manufacturer, distributor or licensed eligible organization may not fix by
					 express or implied agreement with another manufacturer, distributor, eligible
					 organization or any other person, the prices to be charged to other
					 manufacturers, distributors or eligible organizations in the competitive market
					 place for games of chance or goods, prizes or services sold or rendered in
					 connection with games of chance. Nothing in this subsection is intended to
					 prohibit individual manufacturers, distributors and eligible organizations from
					 negotiating for the price to be paid for goods, prizes or services sold or
					 rendered in connection with games of chance.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.31 - Examination of records

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the examination of records authorized
						during an inspection of the premises, the Department is authorized to examine
						the reports, books, accounts and records, and the inventory related to games of
						chance of a licensed distributor, registered manufacturer, licensed eligible
						organization or their representatives. Every manufacturer, distributor or
						eligible organization is directed and required to give to the Department or its
						authorized representatives the means, facilities and opportunity for the
						examinations.
This section cited in 61 Pa. Code §
													901.117 (relating to denial notice
						  of violation and revocation); and 61 Pa. Code §
													901.151 (relating to denial,
						  notice of violation and revocation of
						  licenses).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.32 - Ownership of games of chance

Current through Register Vol. 54, No. 28, July 13, 2024
The physical possessor of a chance in a game is the owner
						of the chance until a name is imprinted or placed upon it. When a name is
						placed upon the chance, the person whose name appears on the chance is the
						owner and is entitled to a prize attributable to it.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.33 - Governing law

Current through Register Vol. 54, No. 28, July 13, 2024
Transactions taking place under the authority granted in
						the act or this part are governed by the laws of the
						Commonwealth.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.34 - Disputes

Current through Register Vol. 54, No. 28, July 13, 2024
If a dispute occurs about whether a chance is a winning
						chance and the dispute cannot be resolved through normal verification
						procedures or other appropriate means the licensed eligible organization may
						retain the chance and replace it with an equivalent chance in a like game. This
						is the exclusive remedy of the owner of the chance. Detailed records regarding
						the dispute, the reasons for the dispute and the chance shall be maintained by
						the eligible organization for a minimum of 2 years from the date the dispute
						arose.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.35 - Termination of games of chance

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed eligible organization may announce a
						termination date at which point no further chances may be sold, and a date by
						which all claims or prizes shall be made. This date may not be less than 30
						days after the last date for play of the game being
						terminated.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.36 - Federal withholding and reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed eligible organization is responsible for
						complying with Internal Revenue Service rules for reporting and withholding on
						gambling and lottery winnings.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.37 - State withholding and reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed eligible organization is responsible for
						complying with Commonwealth rules for reporting and withholding on gambling and
						lottery winnings.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.38 - Commonwealth resident designee

Current through Register Vol. 54, No. 28, July 13, 2024
A person applying for a certificate or distributor's
						license under the act or this part is required to designate a person and
						location within this Commonwealth for purposes of service of process and the
						person shall agree to submit to the jurisdiction of the courts of the
						Commonwealth and law enforcement officials of the Commonwealth and its
						subdivisions.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.39 - Merchandise prize valuation

Current through Register Vol. 54, No. 28, July 13, 2024
Merchandise prizes shall be valued at their cash value
						which is equal to their fair market value.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › GENERAL APPLICABILITY › Section 901.40 - Operating days, nonoperating days and operating weeks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operating day or a nonoperating day
					 may not exceed 24 consecutive hours. An operating day or a nonoperating day may
					 not overlap with any other operating day or nonoperating day.
(b) An operating day may extend from 1
					 calendar day to another so long as the eligible organization's normal
					 activities or business hours extend from 1 calendar day to another. For
					 example, an eligible organization's operating day may begin at 9 a.m. and end
					 at 3 a.m. the following calendar day (that is, 18 consecutive hours over 2
					 calendar days).
(c) If an eligible
					 organization operates on a 24 hour-a-day basis, the eligible organization's
					 operating day shall be any consecutive 24-hour period as chosen by the
					 organization. For example, an eligible organization could choose its operating
					 day to be from 9:01 a.m. to 9 a.m. the following calendar day or from 12:01
					 a.m. to midnight on the same calendar day.
(d) An operating week shall consist of 7
					 consecutive, reoccurring operating or nonoperating days.
(e) An eligible organization shall choose its
					 operating day and week and report them on its license application.
(f) A licensed eligible organization may
					 change its operating day and week. The eligible organization shall amend its
					 license before the new operating day or week becomes effective.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › ADMINISTRATION › Section 901.51 - Power and duties

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the power and authority granted to it
						by the Legislature under the act, including the power and authority to do the
						following:
(1) Review the tax status
					 of an applicant for a certificate or distributor license.
(2) Prescribe the records and books which
					 distributors and manufacturers are required to keep. See §§
											901.421-901.426 and
					 901.441-901.445 (relating to manufacturing
					 records and reports; and distributor records and reports).
(3) Impose minimum standards and restrictions
					 applicable to games of chance manufactured for sale in this Commonwealth. The
					 standards and restrictions may include specifications for the maximum number of
					 chances available to be sold for a single game or prize and other standards and
					 restrictions the Department deems necessary for the purpose of the
					 act.
(4) Establish procedures by
					 which manufacturers may apply for a certificate and distributors may apply for
					 licensure.
(5) Provide forms for
					 registration of manufacturers and licensure of distributors.
(6) Prescribe procedures for the suspension
					 or revocation of distributor licenses and certificates for violations of the
					 act or this title.
(7) Prescribe
					 the form to be used by the licensing authority to license eligible
					 organizations.
(8) Conduct
					 investigations prior to licensure and registration to ensure compliance with
					 the requirements and prohibitions of the act and this part.
(9) Collect a fee for the issuance of a
					 manufacturer registration certificate or distributor license.
(10) Initiate legal proceedings, in law or
					 equity, before any court or tribunal, for purposes of administering or
					 enforcing the provisions of the act or this part.
(11) Notify the Office of Attorney General of
					 violations of the act and this part and request the Attorney General to
					 initiate legal proceedings, criminal or civil, legal or equitable, to enforce
					 the provisions of the act and this part.
(12) Do other matters necessary or desirable
					 for the efficient operation and administration of games of chance and to carry
					 out the act and this part.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › ADMINISTRATION › Section 901.52 - Administrative entity

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will carry out its powers provided in the
						act or this part through the Bureau of Business Trust Fund Taxes-Miscellaneous
						Tax Division. The administrative entity may be changed by notice published in
						the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › ADMINISTRATION › Section 901.53 - Fee payment

Current through Register Vol. 54, No. 28, July 13, 2024
Fees payable to the Department shall be in the form of a
						check, cashier's check or money order made payable to the "Pennsylvania
						Department of Revenue."
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › ADMINISTRATION › Section 901.54 - Bad checks submitted as payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Payment by a check which is not promptly
					 paid by the drawee bank is grounds for immediate suspension of a license,
					 registration or application. The suspension will continue until a certified
					 check, cashier's check or money order in the amount of the fee and the penalty
					 imposed by subsection (b) is tendered or the original check is paid by the
					 drawee bank and a check for the amount of the penalty imposed by subsection (b)
					 is also remitted.
(b) When a check
					 issued in payment of a fee, or for another purpose required by this part or the
					 act is returned to the Department as uncollectible, the Department or licensing
					 authority will charge a fee of 10% of the face amount thereof, plus protest
					 fees, to the person presenting the check to cover the cost of its collection.
					 The additions imposed will not exceed $200 nor be less than $10.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter A - GENERAL PROVISIONS › ADMINISTRATION › Section 901.55 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
Application materials required by the licensing
						authority, manufacturers and distributors will be available from the
						Department.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.101 - Manufacturer registration and game approval required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person shall be registered with the
					 Department and possess a manufacturer's registration certificate to sell or
					 otherwise furnish games of chance to licensed distributors within this
					 Commonwealth.
(b) A registered
					 manufacturer may not sell a game of chance in this Commonwealth to a licensed
					 distributor until the Department has approved it.
(c) If a registered manufacturer modifies an
					 approved game of chance in any substantial way so that the nature or identity
					 of the game is changed, the rules of the game change or the prizes or payouts
					 change, the game of chance must be considered a new game of chance and
					 submitted for approval.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.102 - Registration and game approval forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person seeking a manufacturer
					 registration certificate shall submit to the Department an application form as
					 prescribed by the Department.
(b) A
					 person seeking an approval of a game of chance shall submit the application for
					 approval to the Department with its manufacturer's registration application or
					 during the registration term on a form prescribed by the Department. The
					 information to be provided on the form must include:
(1) The name of the game.
(2) The game form number.
(3) A description of the game and rules for
					 play.
(4) A picture or illustration
					 of the game and its component pieces.
(5) The game prize structure, prizes and
					 their value.
(6) The number of
					 chances and cost per chance.
(7)
					 The percentage of prizes to be paid in relation to the gross sale proceeds for
					 all chances.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.103 - Manufacturer registration application form contents

Current through Register Vol. 54, No. 28, July 13, 2024
An application for registration as a manufacturer of
						games of chance shall contain at a minimum the following information:
(1) The name of the manufacturer, including a
					 copy of the Fictitious Name Registration Form, Department of State Registry
					 Statement or similar registration form.
(2) The manufacturer's business, mailing and
					 legal address as well as the address of all locations where the applicant
					 manufactures its games. It does not include the address of each person from
					 whom the manufacturer purchases raw materials, components or subparts used to
					 manufacture its games.
(3) The
					 names, addresses, telephone numbers and Social Security numbers of officers,
					 directors, owners and partners or other responsible persons. If incorporated,
					 the application must contain the names, addresses, telephone numbers and Social
					 Security numbers of officers and shareholders controlling 10% or more of
					 outstanding stock. If organized as a partnership, the application must contain
					 the names, addresses and telephone numbers of all partners.
(4) A copy of the constitution and bylaws or
					 the corporate charter for new applications. This information must also
					 accompany renewal application if requested or if amended.
(5) A complete list of all games of chance to
					 be manufactured for sale in this Commonwealth during the registration term. The
					 list must contain information as prescribed on the manufacturer registration
					 application form.
(6) The
					 signatures of responsible persons.
(7) A complete list of manufacturer
					 representatives operating in this Commonwealth, their addresses and telephone
					 numbers.
(8) Pennsylvania tax
					 information, including:
(i) The Pennsylvania
					 Sales Tax number.
(ii) The
					 Pennsylvania corporate box number.
(iii) The Pennsylvania employer
					 identification number.
(iv) The
					 Pennsylvania Unemployment Compensation account number.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.103a - Change of application information

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer shall report any changes to the
						information supplied in its application to the Department within 15 days of the
						change.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.104 - Waiver of confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
By filing an application for the grant of a manufacturer
						registration certificate, the applicant waives confidentiality with respect to
						Commonwealth tax information in the possession of the Department, the Office of
						Attorney General or the Department of Labor and Industry regarding the
						applicant, regardless of the source of that information, and consents to the
						provision of that information to the Department by the Office of Attorney
						General or the Department of Labor and Industry.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.105 - Registration fee

Current through Register Vol. 54, No. 28, July 13, 2024
The annual registration fee is $2,000 and shall accompany
						the original registration application and every renewal application. An
						application processing fee of $100 will be retained by the Department if
						registration is denied and the remaining $1,900 will be returned to the
						applicant. No part of the registration fee is subject to
						proration.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.106 - Registration term

Current through Register Vol. 54, No. 28, July 13, 2024
A registration term begins on April 1 and ends on March
						31 of the succeeding year. A certificate issued during a registration term is
						only valid from the date of issuance to the end of the registration
						term.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.107 - Annual applications

Current through Register Vol. 54, No. 28, July 13, 2024
A registered manufacturer shall file an application for a
						certificate at least 60 days prior to the expiration date of its existing
						certificate to ensure that the Department will act on its application prior to
						the expiration of its current certificate.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.108 - Registration number

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will assign a registration number and
						issue a certificate to each manufacturer that it approves for registration. The
						registered manufacturer shall place the registration number on all documents
						used in any transactions under the act or this part.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.109 - Certificate

Current through Register Vol. 54, No. 28, July 13, 2024
The certificate issued must be maintained on the
						manufacturer's premises and available for inspection upon
						request.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.110 - Duplicate certificate

Current through Register Vol. 54, No. 28, July 13, 2024
If a certificate is defaced, destroyed or lost, the
						Department may issue a duplicate to the holder of the certificate upon
						submission of a duplicate application form. A $100 fee will be charged for the
						duplicate certificate.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.111 - Transfer

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer is prohibited from transferring or
						assigning its certificate.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.113 - Representatives of manufacturer

Current through Register Vol. 54, No. 28, July 13, 2024
A representative of a manufacturer acts as an agent of
						the manufacturer in activities conducted under the manufacturer's registration
						certificate.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.114 - Dissolutions, terminations, mergers and bankruptcies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A manufacturer shall notify the
					 Department in writing within 10 days of one or more of the following actions on
					 the part of the manufacturer:
(1) The filing
					 with the Department of State of a certificate of election to dissolve, or the
					 filing of a similar document in another jurisdiction.
(2) The filing of a petition in bankruptcy or
					 receivership by the manufacturer.
(3) The merging or consolidating with another
					 entity.
(4) The termination of its
					 business activities by a process, legal or equitable, voluntary or involuntary,
					 formal or informal, within or outside this Commonwealth.
Pennsylvania Code › Title 61 - REVENUE › Part VII - Local Option Small Games of Chance › Chapter 901 - LOCAL OPTION SMALL GAMES OF CHANCE › Subchapter B - LICENSING AND REGISTRATION › MANUFACTURER REGISTRATION › Section 901.115 - Change of address

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer shall notify the Department, in writing,
						10 days before a change of address.
This section cited in 61 Pa. Code §
													901.119 (relating to raffle, daily
						  drawing and weekly drawing ticket
						  manufacturers).