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| Montana Administrative Register Notice 23-16-265 | No. 15 08/05/2022 | |
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BEFORE THE DEPARTMENT OF JUSTICE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. The Department of Justice proposes to amend the above-stated rules.
2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Justice, Gambling Control Division no later than 5:00 p.m. on September 2, 2022, to advise us of the nature of the accommodation that you need. Please contact Morgan Varty, Department of Justice, Gambling Control Division, 615 South 27th St., Suite A, Billings, Montana, 59101; telephone (406) 896-4300; fax (406) 896-4308; or e-mail [email protected].
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
23.16.102 APPLICATION FOR GAMBLING LICENSE - LICENSE FEE (1) through (3) remain the same. (4) Forms 10 and FD-258 are available (5) remains the same.
AUTH: 23-5-112, 23-5-115, 23-5-621, MCA IMP: 23-5-115, 23-5-118, 23-5-128, 23-5-129, 23-5-177, 23-5-178, 23-5-308, 23-5-324, 23-5-513, 23-5-625, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 10 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.103 INVESTIGATION OF APPLICANTS, FINGERPRINTS TO BE REQUIRED - DISCLOSURE FROM NONINSTITUTIONAL LENDER (1) and (2) remain the same. (3) The department may require any noninstitutional lender to complete a document (Form 13) authorizing examination and release of information and (Form 10) a personal history statement on the lender, fingerprints on a form provided by the department, as well as any contract, statement, or other document from the lender deemed necessary to assess the suitability of an applicant's funding source as required in 23-5-176, MCA. The document must be signed and dated by the lender and attested to by a notary public. Forms
AUTH: 23-5-115, MCA IMP: 23-5-112, 23-5-115, 23-5-118, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 10, 13, and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.110 ASSOCIATED GAMBLING BUSINESS LICENSE (1) and (2) remain the same. (a) an application using Form 17, with special instructions, and Form FD-258, which are available (b) through (5) remain the same.
AUTH: 23-5-112, 23-5-115, 23-5-178, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 17 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.502 APPLICATION FOR OPERATOR LICENSE (1) Except as provided in (2) and (3), all applicants shall submit the following information on Forms 5, 10, 40, or 43, and FD-258, which are incorporated by reference and available (a) through (4) remain the same.
IMP: 23-5-115, 23-5-117, 23-5-118, 23-5-176, 23-5-177, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and to make Forms 5, 10, 40, 43, and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1716 SPORTS TAB GAME SELLER LICENSE (1) remains the same. (a) a sports tab game seller license application. Form FD-258 is available upon request from (b) Form 10 as described in ARM 23.16.102, available upon request from (c) through (4) remain the same.
IMP: 23-5-115, 23-5-502, 23-5-503, 23-5-513, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and to make Forms 10 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1826 QUARTERLY REPORTING REQUIREMENTS (1) and (1)(a) remain the same. (i) The report must be delivered to the Gambling Control Division (ii) through (6) remain the same.
IMP: 23-5-136, 23-5-610, 23-5-621, 23-5-637, MCA
REASON: This is specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and provide the current Gambling Control Division headquarters mailing address.
23.16.1913 USE OF TEMPORARY REPLACEMENT OR LOANER MACHINES – PERMIT REQUIRED – REPORTING (1) remains the same. (2) Any operator placing a temporary replacement machine in service must notify the department on a form prescribed by the department. An application to place a temporary replacement machine in service is incorporated by reference as Form 7 and is available (3) through (6) remain the same.
IMP: 23-5-115, 23-5-603, 23-5-611, 23-5-612, MCA
REASON: This is specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Form 7 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1914 DISTRIBUTOR'S LICENSE (1) remains the same. (a) a distributor's license application, Forms 17 and FD-258 are available (b) through (3) remain the same.
IMP: 23-5-115, 23-5-128, 23-5-176, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 17 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1915 ROUTE OPERATOR'S LICENSE (1) remains the same. (a) a route operator license application, Forms 17 and FD-258 are available (b) through (3) remain the same.
IMP: 23-5-115, 23-5-129, 23-5-176, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 17 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1916 MANUFACTURER'S LICENSE (1) remains the same. (a) a manufacturer's license application, Forms 17 and FD-258 are available (b) through (3) remain the same.
IMP: 23-5-115, 23-5-176, 23-5-625, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 17 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1916A ACCOUNTING SYSTEM VENDOR LICENSE (1) remains the same. (a) Form 17, with special accounting system vendor instructions, and Form FD-258, available (b) through (3) remain the same. . AUTH: 23-5-112, 23-5-115, 23-5-178, 23-5-621, MCA IMP: 23-5-115, 23-5-178, 23-5-637, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Forms 17 and FD-258 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
23.16.1920 EPRS, AARS, CTVS, AND VGM HARDWARE AND SOFTWARE SPECIFICATIONS (1) and (1)(a) remain the same. (b) The required minimum implementation of the IGT SAS protocol is defined in the Montana SAS Serial Protocol Implementation Guide. The guide is available on the Montana Department of Justice, Gambling Control Division web site (www.dojmt.gov/gaming) and is available by request from the Gambling Control Division, Technical Services Section, 2550 Prospect Ave., P.O. Box 201424, Helena, MT 59620-1424; (406) 444- (2) and (3) remain the same.
IMP: 23-5-603, 23-5-621, 23-5-631, 23-5-637, MCA
REASON: This specific rule change is necessary to remove and correct the previous phone number which no longer corresponds to the Gambling Control Division, Technical Services Section.
23.16.2001 MANUFACTURER OF ILLEGAL GAMBLING DEVICES - LICENSE - FEE - REPORTING REQUIREMENTS - INSPECTION OF RECORDS - REPORTS (1) remains the same. (a) a manufacturer license application, Form 17 is available (b) through (8) remain the same. (9) Form 22 is available
AUTH: 23-5-112, 23-5-115, 23-5-152, 23-5-621, MCA IMP: 23-5-115, 23-5-152, 23-5-611, 23-5-614, 23-5-621, 23-5-625, 23-5-631, MCA
REASON: This specific rule change is necessary to remove the previous Gambling Control Division headquarters mailing address and make Form 17 available at any Gambling Control Division office location in the state instead of limiting the form's availability to one location or by mail-in request.
4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Morgan Varty, Department of Justice, Gambling Control Division, 615 South 27th Street, Suite A, Billings, Montana, 59101; telephone (406) 896-4300; fax (406) 896-4308; or e-mail [email protected], and must be received no later than 5:00 p.m., September 2, 2022.
5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Morgan Varty at the above address no later than 5:00 p.m., September 2, 2022.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be zero persons based on there being no substantive persons directly affected.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person listed above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
9. The bill sponsor contact requirements of 2-4-302, MCA, are not applicable to this proposed rulemaking.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Derek Oestreicher /s/ David Dewhirst Derek Oestreicher David Dewhirst Rule Reviewer Solicitor General Montana Department of Justice
Certified to the Secretary of State July 26, 2022.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
