reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › I.D. STAMPS › Section 230-16-180 - Record retention for I.D. stamp records

Current through Register Vol. 24-14, July 15, 2024
Manufacturers must keep records that provide an
				  accountability trail for all I.D. stamps.
(1) For I.D. stamps attached to gambling
				equipment and sold, manufacturers must keep the I.D. stamps records for at
				least three years and include, at least:
(a)
				The name of the purchaser;
(b) The
				date of the sale; and
(c) The
				invoice number recording the sale.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-185 - Accounting records for manufacturers and distributors

Current through Register Vol. 24-14, July 15, 2024
Manufacturers and distributors must keep and maintain a
				  complete set of records for their licensed activity. They must, at
				  least:
(1) Use the double entry
				accounting method, update these records at least once a month and provide a
				monthly balance for each account; and
(2) Maintain their records in accordance with
				generally accepted accounting principles and ensure the records can be
				reconciled to the licensee's federal income tax return; and
(3) Keep:
(a)
Cash disbursements book (check
				register) -
Manufacturers and distributors must document all expenses,
				both gambling and nongambling related, with invoices or other appropriate
				supporting documents. They must enter information monthly and include, at
				least:
(i) The date the check was issued or
				payment made;
(ii) The number of
				the check; and
(iii) The name of
				the payee; and
(iv) Type of
				expense; and
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-187 - Accounting records for manufacturer's special sales permit holders

Current through Register Vol. 24-14, July 15, 2024
Holders of a manufacturer's special sales permit must keep
				  and maintain a complete set of records for their permitted activity. They must,
				  at least:
(1) Keep a:
(a)
Cash disbursements book (check
				register)
- Permit holders must document all expenses, both gambling and
				non-gambling related, with invoices or other appropriate supporting documents.
				They must enter information monthly and include, at least:
(i) The date the check was issued or payment
				made; and
(ii) The number of the
				check; and
(iii) The name of the
				payee; and
(iv) Type of expense;
				and
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-190 - Sales invoices for manufacturers and distributors

Current through Register Vol. 24-14, July 15, 2024
Manufacturers and distributors must document each sale of
				  equipment or services, any return or refund, or any other type of transfer of
				  punch boards, pull-tabs, pull-tab dispensers, or bingo equipment, including
				  bingo cards, with a standard sales invoice.
Sales invoices and credit memos -
These invoices
				  and credit memos must:
(1) Be
				prenumbered sequentially at the time of purchase, using not less than four
				digits. Manufacturers and distributors may use computer generated numbering
				systems if:
(a) The system numbers the
				invoices and credit memos sequentially; and
(b) The manufacturers and distributors use
				the same system for all sales; and
(c) The manufacturers and distributors must
				not use a manual override function; and
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-195 - Additional requirements for sales invoices

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the requirements of WAC
				230-16-190, manufacturers and distributors must complete sales invoices that
				include:
(a) For distributors, a separate line
				for each I.D. stamp number; and
(b)
				Space for the operator to either attach a records entry label or enter the I.D.
				stamp number and the date they placed the equipment out for play, adjacent to
				the written entry the distributor makes; and
(c) For each punch board or pull-tab, at
				least:
(i) Trade name of the game;
				and
(ii) Type of gambling
				equipment; and
(iii) Form number or
				other manufacturer-assigned method to specifically identify a board or series,
				including the size or number of chances; and
(iv) I.D. stamp number; and
(d) For each pull-tab dispenser,
				at least:
(i) Trade name of the dispenser;
				and
(ii) Type of dispenser;
				and
(iii) I.D. stamp number;
				and
(e) For each set of
				cards or collation of packets of disposable bingo cards, at least:
(i) Type of product, including product line;
				and
(ii) Description of product,
				including the number of cartons, "series," "on," "cut," and "up"; and
(iii) Serial number or, if packets, serial
				number of the top page; and
(iv)
				Color and border pattern or, if packets, color and border pattern of the top
				page; and
(v) The unit or package
				number when a series or collation has been divided; and
(vi) For disposable bingo cards to be sold
				for linked bingo prize games the beginning and ending sheet numbers sold to or
				returned from the operator; and
(f) For merchandise prizes, at least:
(i) The date of purchase; and
(ii) The company's name and complete business
				address; and
(iii) A full
				description of each item purchased; and
(iv) The quantity of items purchased;
				and
(v) The cost per individual
				items purchased; and
(g)
				For sequentially prenumbered card game recordkeeping forms, at least:
(i) Type of form; and
(ii) Beginning and ending serial numbers;
				and
(iii) Quantity of forms;
				and
(h) For all other
				gambling equipment, at least:
(i) Trade name
				of device; and
(ii) Type of device;
				and
(iii) Serial number or other
				identification numbers or characteristics; and
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-200 - Sales journals for manufacturers and distributors

Current through Register Vol. 24-14, July 15, 2024
Manufacturers and distributors must keep a monthly sales
				  journal containing, at least:
(1) Each
				date of sale; and
(2) Each sale
				invoice number; and
(3) The name of
				the person paying; and
(4) Sales by
				category, including:
(a) Punch boards that pay
				out:
(i) Cash; and
(ii) Merchandise prizes; and
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-205 - Record retention for manufacturers and distributors

Current through Register Vol. 24-14, July 15, 2024
Manufacturers and distributors must retain the following for
				  at least three years after the end of their fiscal year:
(1) All required accounting records;
				and
(2) Monthly records;
				and
(3) Sales invoices;
				and
(4) Sales receipts;
				and
(5) Sales journals;
				and
(6) Credit memos.
Statutory Authority:
					 RCW
					 9.46.070. 07-19-069 (Order 615), §
					 230-16-205, filed 9/17/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-210 - Alternative formats for recordkeeping

Current through Register Vol. 24-14, July 15, 2024
Manufacturers and distributors must receive advanced written
				  approval from us for any alternative format of recording, such as:
(1) Sales invoice numbers explained in WAC
				230-16-190(1)(a);
				or
(2) Invoice files by customer
				name and invoice number; or
(3)
				Tracking progressive jackpot pull-tab series; or
(4) Sales journals; or
(5) Cash disbursements book (check
				register).
Statutory Authority:
					 RCW
					 9.46.070. 07-19-069 (Order 615), §
					 230-16-210, filed 9/17/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-215 - Accounting records and record retention for gambling service suppliers

Current through Register Vol. 24-14, July 15, 2024
Gambling service suppliers (service suppliers) must maintain
				  records that document services they provide and receipts of payments for those
				  services.
(1) Service suppliers must
				maintain an accounting system that includes, at least:
(a)
Sales invoices -
Sales
				invoices or detailed monthly billing statements issued to each customer.
				Service suppliers must maintain copies of these invoices or billing statements
				on their premises; and
(b) Sales
				journal - The sales journal must contain, at least, the following by month:
(i) Date of sale; and
(ii) The invoice number; and
(iii) The name of the person paying;
				and
(iv) Category of each service
				provided; and
(v) Payment amount;
				and
(c)
Cash
				receipts -
Service suppliers must record all cash receipts in an
				original book of entry like a sales journal, a check register, or a separate
				cash receipts journal. This record must include cash sales and cash received
				from all sources and, at least the following, by month:
(i) Date the payment was received;
				and
(ii) Name of the person paying;
				and
(iii) Payment amount;
				and
(d)
Bank
				statements -
Service suppliers must maintain copies of all deposits,
				deposit slips, and receipts; and
(e)
General ledger -
Service
				suppliers whose gambling related activities are greater than five hundred
				thousand dollars per year must have a general ledger which contains, in
				addition to all other accounts by month, a separate sales account for each type
				of activity; and
(f)
Copies
				of all financial data -
Service suppliers must maintain copies of all
				financial data that supports tax reports to governmental agencies.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-16 - Manufacturer, distributor, and gambling service supplier rules › RECORDKEEPING › Section 230-16-220 - Activity reports by manufacturers and distributors

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    9.46.070. 07-19-069 (Order 615), §
					 230-16-220, filed 9/17/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-001 - Administrative charges and adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
If we bring administrative charges against anyone, we give an
				  opportunity for an adjudicative proceeding (hearing). We give the opportunity
				  for a hearing to:
(1) Applicants to
				determine whether to deny the application; and
(2) Licensees to determine whether to suspend
				or revoke the license if they held a license at the time we issued charges
				against them; and
(3) Applicants
				for approval of pull-tab dispensers to determine whether to deny approval of
				the dispenser.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-001, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-005 - Issuing notice of administrative charges

Current through Register Vol. 24-14, July 15, 2024
The director or director's designee issues a notice of
				  administrative charges. We serve the applicant, licensee, or permittee with the
				  notice. The notice must include:
(1) A
				short and plain statement of the matters the agency asserts; and
(2) A request for hearing form; and
(3) A form to request an interpreter at the
				hearing for persons with limited English skills or hearing impairment;
				and
(4) The maximum
				penalty.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-005, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-010 - Requesting and scheduling a hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
				Applicants, licensees, or permittees may request a hearing using the form we
				provide.
(2) We must receive the
				request from the applicant, licensee, or permittee at our administrative office
				within:
(a) Twenty-three days after we mail
				by regular mail the notice of administrative charges; or
(b) Twenty days after they receive by
				certified mail the notice of administrative charges; or
(c) Twenty days after we personally serve the
				notice of administrative charges.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-015 - Settlements encouraged

Current through Register Vol. 24-14, July 15, 2024
After charges have been issued, we encourage parties' efforts
				  to settle without the need for an adjudicative hearing.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-015, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-020 - Prehearing conferences

Current through Register Vol. 24-14, July 15, 2024
The presiding officer, on his or her own motion or on the
				  motion of one of the parties, may direct the parties to appear at a specified
				  time and place for a prehearing conference to consider:
(1) Identifying and simplifying the issues;
				and
(2) Amending pleadings, if
				necessary; and
(3) Obtaining
				stipulations of facts and of documents; and
(4) Limiting the number of witnesses;
				and
(5) Setting discovery deadlines
				or resolving discovery disputes; and
(6) Scheduling a settlement conference before
				an administrative law judge; and
(7) Scheduling the hearing date;
				and
(8) Resolving any other matter
				that may aid in the outcome of the proceeding.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-020, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-025 - Appointment of administrative law judge or "presiding officer."

Current through Register Vol. 24-14, July 15, 2024
(1) The
				commissioners hereby appoint the office of administrative hearings to assign an
				administrative law judge (ALJ), called the "presiding officer," to preside at
				all hearings which result from administrative charges, unless:
(a) The commissioners, by their own order,
				declare their intent to preside at a specific proceeding; or
(b) The proceeding is an appeal of an initial
				order issued by an ALJ.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-030 - Methods of service in adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Parties must serve all orders, notices, and other documents
				  by:
(1) Personal service; or
(2) First class, registered, or certified
				mail; or
(3) Telefacsimile (fax) to
				the commission's legal division, and same-day mailing of a copy of the faxed
				document; or
(4) Commercial parcel
				delivery service.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-030, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-035 - When service of notices, orders, and documents is complete

Current through Register Vol. 24-14, July 15, 2024
Service of notices and other documents is complete when
				  served by:
(1)
Personal service
				-
which means actual, physical delivery to:
(a) The person; or
(b) The designated agent of the person;
				or
(c) Anyone over the age of
				eighteen residing at the residence of:
(i) The
				person; or
(ii) A corporate
				officer; or
(d) If
				represented, the attorney representing the person.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-040 - Filing documents for adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) We consider required documents "filed" on
				receipt of the documents at our administrative office accompanied by proof of
				service on all parties required to be served.
(2) Delivery to our administrative office
				when we are not present to receive the documents in person does not constitute
				lawful service of documents for any matter under our jurisdiction.
(3) When a party is filing a document with
				the commission, the attorney general's office must also be served.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-040, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-045 - Who can appear in a representative capacity at hearings

Current through Register Vol. 24-14, July 15, 2024
The following persons may appear in a representative capacity
				  at hearings or other legal proceedings:
(1) Individuals representing themselves or
				their business (
pro se
); and
(2) Attorneys at law duly qualified and
				entitled to practice before the supreme court of the state of Washington;
				and
(3) Attorneys entitled to
				practice before the highest court of record of any other state, if Washington
				attorneys are permitted to appear before administrative agencies of the other
				state, and if not otherwise prohibited by our state law; and
(4) Interpreters for persons with a limited
				understanding of the English language or hearing impaired persons;
				and
(5) Other persons the
				commissioners may allow, if a party shows a necessity or a hardship that would
				make it unduly burdensome to have one of the representatives set out
				above.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-045, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-050 - Standards of ethical conduct

Current through Register Vol. 24-14, July 15, 2024
(1)
				Anyone appearing in proceedings before the commission in a representative
				capacity must conform to the standards of ethical conduct the courts of
				Washington require of attorneys.
(2) If the person does not conform to these
				standards, the commission may decline to allow that person to appear before
				them.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-050, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-055 - Issuing, quashing, and responding to subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) The commission and the attorney for a
				party may issue subpoenas according to the requirements of
				RCW
				   34.05.446. Unrepresented (
pro
				se
) parties may request the presiding officer to issue for them such
				subpoenas as are necessary to enable them to fairly present their case. Every
				subpoena must:
(a) State the name of the
				commission; and
(b) State the title
				of the adjudicative proceeding; and
(c) Command the persons to whom they are
				addressed to attend and give testimony, produce books, records, documents, or
				things under their control at a specified time and place.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-060 - Official notice

Current through Register Vol. 24-14, July 15, 2024
The commission or the presiding officer may officially
				  notice, on request made before or during a hearing or on its own motion, at
				  least:
(1)
Federal law.
The Constitution; congressional acts, resolutions, records, journals and
				committee reports, decisions of federal courts and administrative agencies;
				executive orders and proclamations; and all rules, orders and notices published
				in the federal register; and
(2)
State law.
The Constitution of the state of Washington, acts of
				the legislature, resolutions, records, journals and committee reports;
				decisions of administrative agencies of the state of Washington, executive
				orders and proclamations by the governor; and all rules, orders and notices
				filed with the code reviser; and
(3)
Governmental organization.
Organization, territorial limitations, officers, departments, and general
				administration of the government of the state of Washington, the United States,
				the several states and foreign nations; and
(4)
Agency organization.
The
				commission's administration, officers, personnel, official publications, and
				contents of licenses and certifications; and
(5)
Tribal compact.
A Washington
				tribe's compact with the state of Washington for Class III gaming and any
				appendices or amendments to it.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-060, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-065 - Depositions and interrogatories

Current through Register Vol. 24-14, July 15, 2024
(1)
				Parties may take testimony by deposition on oral examination (deposition) or
				written questions (interrogatories) for use as evidence in the administrative
				hearing.
(2) Parties must depose
				persons in the same manner, and before the same officers, authorized by the
				Washington civil rules for superior court, unless otherwise agreed in writing
				by the parties.
(3) Witnesses may
				be subpoenaed to attend a deposition or produce documents.
(4) Parties may only depose a commissioner,
				the director, deputy director, or an assistant director if they apply to the
				presiding officer and show good cause that circumstances prevent the statements
				or depositions of other staff members from revealing the information, evidence,
				or details needed.
(5) Unless
				otherwise ordered, the person being deposed may be examined about any matter to
				the same extent that the Washington civil rules for superior court
				allow.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-065, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-070 - Notice and length of depositions

Current through Register Vol. 24-14, July 15, 2024
(1)
				Parties wishing to depose someone must give notice of at least seven days in
				writing to all parties.
(2) The
				notice for the deposition must state:
(a)
				Time and place of the deposition; and
(b) The name and address of each person to be
				deposed, if known; or
(c) If the
				name is not known, a general description sufficient to identify the person or
				the particular class or group to which he or she belongs (for example: "Records
				custodian").
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-075 - Protective orders

Current through Register Vol. 24-14, July 15, 2024
After notice is served for taking a deposition, upon its own
				  motion or upon motion reasonably made by any party or by the person to be
				  examined and upon notice and for good cause shown, the commission or its
				  designated hearing officer may make an order that the deposition shall not be
				  taken, or that it may be taken only at some designated place other than that
				  stated in the notice, or that it may be taken only on written interrogatories,
				  or that certain matters shall not be inquired into, or that the scope of the
				  examination shall be limited to certain matters, or that the examination shall
				  be held with no one present except the parties to the action and their officers
				  or counsel, or that after being sealed, the deposition shall be opened only by
				  order of the commission, or that business secrets or secret processes,
				  developments, or research need not be disclosed, or that the parties shall
				  simultaneously file specified documents or information enclosed in sealed
				  envelopes to be opened as directed by the commission, or the commission may
				  make any other order which justice requires to protect the party or witness
				  from annoyance, embarrassment, or oppression. At any time during the taking of
				  the deposition, on motion of any party or of the deponent and upon a showing
				  that the examination is being conducted in bad faith or in such manner as
				  unreasonably to annoy, embarrass, or oppress the deponent or party, the
				  commission or its designated hearing officer may order the officer conducting
				  the examination to cease forthwith from taking the deposition or may limit the
				  scope and manner of the taking of the deposition as above provided. If the
				  order made terminates the examination, it shall be resumed thereafter only upon
				  the order of the agency. Upon demand of the objecting party or deponent, the
				  taking of the deposition shall be suspended for the time necessary to make a
				  motion for an order.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-075, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-080 - Stipulations

Current through Register Vol. 24-14, July 15, 2024
A "stipulation" means an agreement among parties intended to
				  establish one or more operative facts in a proceeding.
(1) Parties may stipulate to all or any
				portion of the facts of the case.
(2) Parties may file the stipulation in
				writing or enter it orally into the record.
(3) A stipulation, if the presiding officer
				accepts it, is binding on the stipulating parties. The parties may present the
				stipulation as evidence at the hearing.
(4) The presiding officer may reject the
				stipulation or require proof of the stipulated facts, despite the parties'
				agreement to the stipulation.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-080, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-085 - Initial orders

Current through Register Vol. 24-14, July 15, 2024
(1) Initial orders
				must be entered in accordance with
				RCW
				   34.05.461(3).
(2) An initial order becomes the final order
				unless a party files a petition for review of the initial order as explained in
				WAC 230-17-090.
Statutory Authority:
					 RCW
					 9.46.070 and
					 34.05.353. 08-22-093 (Order 634),
					 § 230-17-085, filed 11/5/08, effective 1/1/09. Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-085, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-090 - Petitions for review and cross appeals of initial orders

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   34.05.464 governs the review of initial
				orders.
(2) Any party to an
				adjudicative proceeding may file a petition for review of an initial order.
				Parties must file the petition for review with us within twenty days of the
				date of service of the initial order unless otherwise stated. Parties must
				serve copies of the petition to all other parties or their representatives at
				the time the petition for review is filed.
(3) Petitions must specify the portions of
				the initial order the parties disagree with and refer to the evidence in the
				record on which they rely to support their petition.
(4) Any party to an adjudicative proceeding
				may file a reply to a petition for review of an initial order. Parties must
				file the reply with us within thirty days of the date of service of the
				petition and must serve copies of the reply to all other parties or their
				representatives at the time the reply is filed.
(5) Any party may file a cross appeal.
				Parties must file cross appeals with us within ten days of the date the
				petition for review was filed with us.
(6) Copies of the petition or the cross
				appeal must be served on all other parties or their representatives at the time
				the petition or appeal is filed.
(7) After we receive the petition or appeal,
				the commissioners review it at a regularly scheduled commission meeting within
				one hundred twenty days and make a final order.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-090, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-095 - Admissibility criteria for evidence

Current through Register Vol. 24-14, July 15, 2024
(1)
				Subject to the other provisions of these rules, all relevant evidence is
				admissible which, in the opinion of the presiding officer, is the best evidence
				reasonably obtainable, having due regard for its necessity, availability and
				trustworthiness.
(2) If not
				allowing evidence to be admitted, the presiding officer must give consideration
				to, but is not bound to follow, the rules of evidence governing civil
				proceedings, in matters not involving trial by jury in the superior courts of
				the state of Washington.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-095, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-100 - Tentative admission, exclusion, discontinuance, and objections to evidence

Current through Register Vol. 24-14, July 15, 2024
(1) When an
				objection is made to the admissibility of evidence, the evidence may be
				received subject to a later ruling.
(2) The presiding officer may, in his or her
				discretion, with or without objection, exclude inadmissible evidence or order
				cumulative evidence discontinued.
(3) Parties objecting to the introduction of
				evidence must state the precise grounds of such objection at the time such
				evidence is offered.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-100, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-105 - Excerpts from documentary evidence

Current through Register Vol. 24-14, July 15, 2024
(1) When parties rely only on portions of a
				document, the offering party must:
(a)
				Prepare the pertinent excerpts; and
(b) Adequately identify them; and
(c) Supply copies to the presiding officer
				and the other parties, with a statement indicating the purpose for which the
				excerpts will be offered.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-110 - Documentary evidence

Current through Register Vol. 24-14, July 15, 2024
(1) When requested
				for cause, the presiding officer may:
(a)
				Require that parties submit all documentary evidence to the other parties
				sufficiently in advance so that they may study and prepare cross-examination
				and rebuttal evidence.
(b) Reject
				documentary evidence not submitted in advance if the party offering it cannot
				show that there was good cause for failing to submit it sooner.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-115 - Expert witnesses

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				officer, where practicable, must encourage all parties to agree on the identity
				and number of witnesses who are to give expert testimony by:
(a) Selecting one or more to speak for all
				parties; or
(b) Limiting the number
				for each party.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-120 - Written sworn statements by expert witnesses

Current through Register Vol. 24-14, July 15, 2024
The presiding officer must encourage all parties to agree
				  that:
(1) For expert testimony, and
				all testimony based on economic or statistical data, all parties will submit
				written sworn statements in advance of the hearing by a date the presiding
				officer sets; and
(2) A party may
				object to the written statements on any grounds, except that the testimony is
				not presented orally; and
(3) A
				party may cross examine witnesses if the party makes a request sufficiently in
				advance of the hearing to allow the witness(es) to be present.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-120, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-125 - Noncompliance with rules on expert witnesses or written statements

Current through Register Vol. 24-14, July 15, 2024
If expert witnesses or written statements on economic or
				  statistical data do not meet the requirements of WAC
				  230-17-115 or
				  230-17-120, the presiding officer
				  may receive them as evidence only if the party can clearly show good
				  cause.
Statutory Authority:
					 RCW
					 9.46.070 and
					 34.05.353. 08-11-037 (Order 626),
					 § 230-17-125, filed 5/14/08, effective 7/1/08. Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-125, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-130 - Settlement conferences

Current through Register Vol. 24-14, July 15, 2024
(1) Any party
				to an adjudicative proceeding may request a settlement conference, with or
				without an administrative law judge (ALJ), to discuss a possible settlement of
				the case.
(2) If a settlement is
				reached, it must be a written order to be signed by all parties and the
				presiding officer.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-130, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-135 - Continuances

Current through Register Vol. 24-14, July 15, 2024
(1) "Continuance"
				means a postponement or an extension of time after a notice of hearing or
				commission review has been issued.
(2) Parties may agree to a
				continuance.
(3) If the parties do
				not agree to a continuance, the person requesting the continuance must:
(a) Notify the presiding officer and the
				other party why a continuance is needed; and
(b) Present this request as soon as the
				person:
(i) Receives the notice of the
				hearing or commission review; or
(ii) Knows the reasons requiring the
				continuance.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-137 - Guidelines for imposing penalties in disciplinary actions

Current through Register Vol. 24-14, July 15, 2024
(1) Without in any manner limiting the
				authority granted to the commission under
				chapter
				9.46 RCW or other
				applicable law to impose the level and type of discipline it may deem
				appropriate, at the request of any party, the presiding officer may consider
				the following factors, along with such others as he or she deems relevant, in
				determining the administrative penalty to be assessed for the violation of a
				statute or rule:
(a) The risk posed to the
				public health, safety, or welfare by the violation;
(b) Whether there are special policy
				implications relating to the violation, for example, those regarding underage
				gambling;
(c) Whether, and how, the
				violations impacted players, for example, failure to pay a player, and
				player-supported jackpot violations;
(d) Whether the applicant, licensee, or
				permittee:
(i) Knew, or reasonably should have
				known, the action complained of was a violation of any law, regulation, or
				condition of their license;
(ii)
				Previously received a verbal warning, written warning, notice of infraction,
				notice of violation and settlement (NOVAS), or administrative charges from the
				commission for similar violations;
(iii) Made, or attempted to make, a financial
				gain from the violation;
(iv) Had
				an existing compliance program related to the violation; or
(v) Has subsequently initiated remedial
				measures to prevent similar violations from reoccurring;
(e) Whether the violations were intentional,
				willful, or grossly negligent;
(f)
				Whether requiring the applicant, licensee or permittee to implement a written
				self-enforcement and compliance program would assist in ensuring future
				compliance with relevant laws, regulations, and license conditions;
(g) If the violation was caused by an officer
				or employee of the applicant, licensee, or permittee:
(i) Whether the individual who caused the
				violation acted within the scope of authority granted to him or her by the
				applicant, licensee or permittee; or
(ii) Whether the individual violated company
				policies, procedures, or other standards;
(h) The adequacy of any relevant training
				programs the applicant, licensee or permittee previously offered or made
				available to its employees;
(i)
				Whether and the extent to which the applicant, licensee or permittee cooperated
				with the commission during the investigation of the violation;
(j) The penalties imposed on other
				applicants, licensees or permittees for similar violations;
(k) Whether the applicant, licensee, or
				permittee reasonably relied upon professional advice from an accountant or
				other recognized professional, which was relevant to the conduct or action
				resulting in the violation; or
(l)
				Any other aggravating or mitigating circumstances the presiding officer deems
				relevant.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-140 - Petitions for reconsideration of a final order

Current through Register Vol. 24-14, July 15, 2024
(1) A party may file a petition for
				reconsideration of a final order. The presiding officer administers petitions
				for reconsideration according to
				RCW
				   34.05.470.
(2) A party may file a response to the
				petition for reconsideration. Parties must file responses with us within ten
				days of the date the petition was filed with us.
(3) If the petition is received at least
				fifteen business days before the next regularly scheduled commission meeting,
				we schedule the petition to be heard at that next meeting.
(4) If the petition is received less than
				fifteen business days before that next meeting, we schedule the petition at the
				following regularly scheduled meeting.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-140, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › ADJUDICATIVE PROCEEDINGS › Section 230-17-145 - Stays of final orders

Current through Register Vol. 24-14, July 15, 2024
(1) Any party
				may petition the commission for a stay of a final order in accordance with
				RCW
				   34.05.467.
(2) For purposes of this rule, the commission
				hereby delegates to the director the authority to deny a stay or issue a
				temporary stay until the reviewing court can rule on a permanent stay. The
				decision of the director denying a stay is not subject to judicial
				review.
Statutory Authority:
					 RCW
					 9.46.070. 07-21-156 (Order 615), §
					 230-17-145, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) › Section 230-17-150 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The commission adopts the procedure for brief adjudicative
				  proceedings provided in
				  RCW
				     34.05.482 through
				  34.05.494.
				  The commission finds brief adjudicative proceedings will be conducted where the
				  matter involves one of the following:
(1) Stays of summary suspension;
				and
(2) Denying or revoking
				extended operating hours for:
(a) Card games;
				and
(b) Bingo; and
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) › Section 230-17-151 - Brief adjudicative proceedings-Procedure

Current through Register Vol. 24-14, July 15, 2024
(1) The following procedures apply to the
				commission's brief adjudicative proceedings for matters identified in WAC
				230-17-150,
				unless the matter is converted to a formal adjudicative proceeding as provided
				in subsection (2) of this section.
(a) We
				will set the date and time of the hearing.
(b) Written notice shall be served upon the
				licensee at least seven days before the date of the hearing. Service is to be
				made pursuant to WAC
				230-17-035.
(c) A brief adjudicative proceeding may be
				conducted telephonically with the concurrence of the presiding officer and all
				persons involved in the proceeding.
(d) WAC
				230-17-045
				controls who can appear in a brief adjudicative proceeding.
(e) The presiding officer must be the
				director, deputy director, or administrative law judge.
(f) Parties or their representatives may
				present written documentation or oral testimony at a brief adjudicative
				proceeding. However, no nonparty witnesses may appear to testify.
(g) The presiding officer may, in her or his
				discretion, allow oral argument from parties or their representatives during a
				brief adjudicative proceeding.
(h)
				The presiding officer will enter an initial order within ten business days of
				the end of a brief adjudicative proceeding. The initial order shall briefly
				state the basis and legal authority for the decision.
(i) An initial order will become the final
				order if no request for review of the initial order is received by us within
				twenty-one days of service of the initial order.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) › Section 230-17-152 - Brief adjudicative proceedings-Appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to a brief adjudicative
				proceeding may request review of the initial order by filing a written petition
				for review to us.
(2) We must
				receive your petition for review within twenty-one days after service of the
				initial order.
(3) Your petition
				for review must contain any evidence or written material relevant to the matter
				that the party wishes the reviewing officer to consider.
(4) Parties must serve copies of the petition
				to all other parties or their representatives at the time the petition for
				review is filed.
(5) The chair of
				the commission or the commissioners shall be the reviewing
				officer(s).
(6) The reviewing
				officer(s) consider your appeal and either uphold, modify or overturn the brief
				adjudicative proceeding order. The decision of the reviewing officer(s), also
				called an order, is the final agency decision. The order will be provided to
				you at the last address you furnished to the commission.
(7) The order on review must be in writing,
				must include a brief statement of the reasons for the decision, and must be
				entered within ten business days after the petition for review is considered.
				The order shall include a description of any further available administrative
				review or, if none is available, a notice that judicial review may be
				available.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › BRIEF ADJUDICATIVE PROCEEDINGS (BAPs) › Section 230-17-155 - Brief adjudicative proceedings-Discovery limitations

Current through Register Vol. 24-14, July 15, 2024
(1) In all brief adjudicative proceedings,
				discovery must be limited to requests for written reports and supporting
				documents relevant to the charges.
(2) Interrogatories and depositions are not
				allowed.
Statutory Authority:
					 RCW
					    9.46.070. 07-21-156 (Order 615), §
					 230-17-155, filed 10/24/07, effective
					 1/1/08.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › SEIZURE HEARINGS › Section 230-17-160 - Hearings when gambling devices are seized

Current through Register Vol. 24-14, July 15, 2024
(1) We follow the processes explained in
				RCW
				   9.46.231 when we seize gambling
				devices.
(2) The item seized is
				forfeited to the state unless a claimant is able to prove the device is:
(a) Not a gambling device; or
(b) An antique gambling device as defined by
				RCW
				   9.46.235.
Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › SUMMARY SUSPENSION HEARINGS › Section 230-17-170 - Petition and hearing for stay of the summary suspension

Current through Register Vol. 24-14, July 15, 2024
(1) When the director summarily suspends a
				license or permit, the affected licensee or permittee may petition for a "stay
				of suspension" as explained in
				RCW
				   34.05.467 and
				34.05.550(1).
(2) We must receive the petition in writing
				within fifteen days of service of the summary suspension.
(3) Within fourteen days of receipt of the
				petition, the presiding officer holds a hearing. If an administrative law judge
				is not available, the chairperson of the commission designates a commissioner
				to be the presiding officer. If the parties agree, they may have a continuance
				of the seven-day period.
(4) The
				stay hearing must use brief adjudicative proceedings as set out in WAC
				230-17-150. At the hearing, the
				only issues are whether the presiding officer:
(a) Should grant a stay; or
(b) Modify the terms of the
				suspension.