Washington Administrative Code

Manufacturers of preshuffled cards must:(1) Obtain approval from the director or director's designee for the automated shuffling device used to preshuffle cards; and(2) Implement a process for producing, shuffling, and packaging preshuffled cards which will, at a minimum, include…

Manufacturers must permanently and prominently attach our I.D. stamps to their gambling equipment. Once attached, no one may remove or tamper with the I.D. stamps. Manufacturers must attach I.D. stamps to:(1) Punch boards; and(2) Pull-tab flares.[Statutory Authority: RCW 9.46.070…

(1) Manufacturers must obtain I.D. stamps from us and attach them to the equipment specified in this chapter.(2) Any manufacturer may return damaged stamps to us with a detailed listing of the damaged stamps. We will then replace the I.D. stamps.[Statutory Authority: RCW 9.46.070…

(1) I.D. stamps on gambling equipment must be visible to allow inspection.(2) If equipment is packaged within protective materials, the I.D. stamps must be visible for inspection without removing any of the packaging (for example, shrink wrap).(3) If more than one piece of gambli…

Manufacturers must attach I.D. stamps and records entry labels to approved gambling equipment in the following way:(1) Punch boards - On the reverse side of the board in an area that will not obstruct removal of punches. If sufficient space is not available on the reverse side, l…

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) T…

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 …

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 nongambling r…

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…

(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.…

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 priz…

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 Au…

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…

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 mo…

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…

In addition to these rules, for full adjudicative proceedings the commission adopts the model rules of procedure as set forth in WAC 10-08-035 through 10-08-230, as amended. If there is a conflict between the model rules and this chapter, the rules in this chapter shall govern. […

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 fo…

(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 23 days after service of the notice.(3) If applicants, licensees, or permittees …

After charges have been issued, we encourage parties' efforts to settle without the need for an adjudicative hearing.[Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-015, filed 10/24/07, effective 1/1/08.]

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(…

(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 t…

Parties must serve all orders, notices, pleadings, and other documents by:(1) Personal service; or(2) First class, registered, or certified mail; or(3) Commercial parcel delivery service; or(4) Electronic transmission by email as authorized by RCW 34.05.010(19). Parties are requi…

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 …

(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 c…

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 Washin…

(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 pe…

(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. Ever…

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 ad…

(1) Parties may take testimony by deposition on oral examination (deposition) or written questions (interrogatories) for use as evidence in the administrative hearing. A party may serve no more than 30 interrogatories, including all discrete subparts, and no more than 30 requests…

(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 …

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 n…

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 sti…

(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. WSR 08-22-093 (Orde…

(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 20 days of the date of service of the initial order unless otherwise sta…

(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 t…

(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) P…

(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 w…

(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 i…

(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.(2) If the parties cannot agr…

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 ob…

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 34.05.35…

(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 presidin…

(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 presidi…

(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, alo…

(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 day…

(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. The decision of the director denying a sta…

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…

(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 th…

(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 …

(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. WSR 18-05-029, § 230-17-155, filed 2/9/18,…