Washington Administrative Code › Title 230 - Gambling Commission › Chapter 230-17 - Hearing rules › SUMMARY SUSPENSION HEARINGS › Section 230-17-165 - Summary suspensions

Current through Register Vol. 24-14, July 15, 2024
(1) "Summary
				suspension" means immediately taking a license or permit from a person or
				organization which prevents them from operating or conducting gambling
				activities.
(2) The commission
				delegates its authority to the director to issue an order to summarily suspend
				any license or permit if the director determines that a licensee or permittee
				has performed one or more of the actions identified in
				RCW
				   9.46.075 as posing a threat to public health,
				safety, or welfare.
(3) The
				commission deems the following actions of a licensee or permittee constitute an
				immediate danger to the public safety and welfare:
(a) Failing or refusing to comply with the
				provisions, requirements, conditions, limitations, or duties imposed by
				chapter
				9.46 RCW or any rules
				adopted by the commission; or
(b)
				Knowingly causing, aiding, abetting, or conspiring with another to cause any
				person to violate any of the laws of this state or the rules of the commission;
				or
(c) Obtaining a license or
				permit by fraud, misrepresentation, concealment, or through inadvertence or
				mistake; or
(d) Being convicted of,
				or forfeiting of a bond on a charge of, or having pled guilty to:
(i) Forgery; or
(ii) Larceny; or
(iii) Extortion; or
(iv) Conspiracy to defraud; or
(v) Willful failure to make required payments
				or reports to a governmental agency at any level, or filing false reports
				therewith, or of any similar offense or offenses; or
(vi) Bribing or otherwise unlawfully
				influencing a public official or employee of any state or the United States;
				or
(vii) Any crime, whether a
				felony or misdemeanor involving any gambling activity or physical harm to
				individuals or involving moral turpitude; or
(e) Allowing any person who has been
				convicted of, or forfeited bond on, any of the offenses included under (d) of
				this subsection, to participate in the management or operation of any activity
				regulated by the commission without written approval ahead of time from the
				commission or its director; or
(f)
				Being subject to current prosecution or pending charges, or appealing a
				conviction, for any of the offenses included under (d) of this subsection;
				or
(g) Denying the commission or
				its authorized representatives, including authorized local law enforcement
				agencies, access to any place where a licensed activity is conducted or failure
				to promptly produce for inspection or audit any book, record, document, or item
				required by law or commission rule; or
(h) Making a misrepresentation of, or failure
				to disclose, a material fact to the commission; or
(i) Having pursued or pursuing economic gain
				in an occupational manner or context which is in violation of the criminal or
				civil public policy of this state if such pursuit creates probable cause to
				believe that the participation of such person in gambling or related activities
				would be inimical to the proper operation of an authorized gambling or related
				activity in this state. For the purposes of this section, occupational manner
				or context shall be defined as the systematic planning, administration,
				management, or execution of an activity for financial gain; or
(j) Being a career offender or a member of a
				career offender cartel or an associate of a career offender or career offender
				cartel in such a manner which creates probable cause to believe that the
				association is of such a nature as to be inimical to the policy of
				chapter
				9.46 RCW or to the proper
				operation of the authorized gambling or related activities in this state. For
				the purposes of this section, career offender is defined as any person whose
				behavior is pursued in an occupational manner or context for the purpose of
				economic gain utilizing such methods as are deemed criminal violations of the
				public policy of this state. A career offender cartel is defined as any group
				of persons who operate together as career offenders; or
(k) If a charitable or nonprofit
				organization, being deemed to be operating bingo primarily for gambling
				purposes and continuing to use program funds to subsidize the operation of
				gambling activities.