Proposed Rule Changes
State of Maine: Notice of Agency Rule-making – January 1, 2014 (Newspapers)
NOTICE OF STATE RULE-MAKING
Public Input for Proposed Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one - the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 §11112). World‑Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
AGENCY: 16-633 – Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 2, Licenses and Applications
PROPOSED RULE NUMBER: 2013-P305
CONTACT PERSON FOR THIS FILING: Patrick J. Fleming
BRIEF SUMMARY: All persons participating in the operation, distribution, and maintenance of slot machines or table games and slot machine facilities or casinos must apply for and be granted the appropriate license as specified by 8 MRSA §§ 1011-1020 and submit documentation as required by this rule.
CHAPTER NUMBER AND TITLE: Ch. 3, Control of Licensees
PROPOSED RULE NUMBER: 2013-P306
BRIEF SUMMARY: The rule identifies how long certain documents must be retained by a licensee and information that must be disclosed by a licensee. It also requires employers to conduct a background check on certain employees and prohibits certain interested parties from gambling.
CHAPTER NUMBER AND TITLE: Ch. 4, Licensee Records
PROPOSED RULE NUMBER: 2013-P307
BRIEF SUMMARY: The rule identifies the records that licensees must retain for Board review, as necessary, and establishes the schedule for submission of certain records to the Board for review.
CHAPTER NUMBER AND TITLE: Ch. 5, Internal Controls
PROPOSED RULE NUMBER: 2013-P308
BRIEF SUMMARY: This rule outlines the minimum internal control procedures to be followed by licensed gambling facilities and explains how those facilities may obtain permission to deviate from these procedures.
CHAPTER NUMBER AND TITLE: Ch. 6, Ticket Redemption
PROPOSED RULE NUMBER: 2013-P309
BRIEF SUMMARY: The title of the rule is being amended to more accurately reflect the content of the rule.
CHAPTER NUMBER AND TITLE: Ch. 7, Collection of Payments
PROPOSED RULE NUMBER: 2013-P310
BRIEF SUMMARY: The rule requires that fees, fines, and charges be submitted by check, money order, or electronic wire transfer. Operators shall submit the percentages of slot machine and table game income as required by statute.
CHAPTER NUMBER AND TITLE: Ch. 8, Slot Machines and Table Games: Location and Hours of Operations
PROPOSED RULE NUMBER: 2013-P311
BRIEF SUMMARY: The placement of slot machines and table games must be approved by the Board and they must be placed in a location that is monitored at all times. The rule is being amended to remove the reference to Uniform Location Agreements.
CHAPTER NUMBER AND TITLE: Ch. 10, Slot Machine Maintenance
PROPOSED RULE NUMBER: 2013-P312
BRIEF SUMMARY: Before an approved slot machine may be placed in operation, the operator must ensure that its personnel are trained in that model's maintenance and repair. A log will be kept in each machine, and anyone accessing the machine will make a notation in the log.
CHAPTER NUMBER AND TITLE: Ch. 11, Transportation of Slot Machines and Table Games
PROPOSED RULE NUMBER: 2013-P313
BRIEF SUMMARY: The rule establishes a method for tracking the movement of slot machines and table games between operators and distributors in Maine. It also outlines the process for registering slot machines and table games.
CHAPTER NUMBER AND TITLE: Ch. 14, Advertising
PROPOSED RULE NUMBER: 2013-P314
BRIEF SUMMARY: One subsection of the rule is being changed to refer to the gaming area instead of the slot machine area.
CHAPTER NUMBER AND TITLE: Ch. 18, Responsible Gaming Programs
PROPOSED RULE NUMBER: 2013-P315
BRIEF SUMMARY: The compulsive gambling program requirements are now set forth in Ch. 13. This rule requires that an operator have programs to address compulsive gambling, alcohol service, minors, and marketing. It permits casinos to continue enforcing a self-exclusion list created before the adoption of the program in rule Ch. 13.
CHAPTER NUMBER AND TITLE: Ch. 20, Slot Machine Standards
PROPOSED RULE NUMBER: 2013-P316
BRIEF SUMMARY: Any slot machine designated for shipment to Maine must meet or exceed the standards outlined in the Maine Slot Machine Standards approved and adopted by the Board.
CHAPTER NUMBER AND TITLE: Ch. 23, Gambling Addiction Counseling Services (Repeal)
PROPOSED RULE NUMBER: 2013-P317
BRIEF SUMMARY: The Gambling Control Board may allocate certain funds appropriated to it by the Legislature for gambling addiction services. Only counselors certified by the State of Maine as Problem Gambling Counselors shall be eligible for payment of services.
CHAPTER NUMBER AND TITLE: Ch. 25, Approval of Table Games Rules of Play
PROPOSED RULE NUMBER: 2013-P318
BRIEF SUMMARY: The rule establishes the process for approval of table games and identifies criteria to be considered in evaluating the game for approval.
CHAPTER NUMBER AND TITLE: Ch. 27, Rules of Practice and Procedure of Gaming Conduct
PROPOSED RULE NUMBER: 2013-P319
BRIEF SUMMARY: This rule establishes procedures for the investigation and resolution of complaints received by the Gambling Control Board. This rule should be read in conjunction with the statutory provisions for adjudicatory proceedings in the Maine Administrative Procedure Act. The rule helps to ensure that the investigation and resolution of complaints is handled in an expeditious and procedurally fair manner.
PUBLIC HEARING: January 21, 2014 – 11 a.m. - 45 Commerce Drive, Suite 3, Augusta, ME
COMMENT DEADLINE: February 1, 2014
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION: Patrick J. Fleming, Gambling Control Board (DPS), 42 State House Station, Augusta, ME 04333. Telephone: (207) 626-3901. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules are available on the internet at http://www.maine.gov/sos/cec/rules .
Recently Enacted Rules