Frequently Asked Questions

The Gambling Commission has the authority to suspend or revoke licenses, or deny license applications. These actions are called “administrative cases.”

A Notice of Administrative Charges will be issued to you. These are usually sent by both first class mail, and certified mail. Service is considered complete three days after mailing.

Once you have received the charges you will have the opportunity to request an administrative hearing by signing the Application for Adjudicative Proceeding attached to the charges.

You must submit your hearing request within 20 days after receiving the charges.

If you fail to request a hearing within 20 days, a default hearing will be scheduled before the Commissioners at the next regularly scheduled, open public meeting. Staff will ask the Commissioners to suspend/revoke your license, or deny your application. You will not receive formal notification of this; however, default hearings appear on the agenda for all regularly scheduled, public meetings, which can be found on our website.

Yes, but the Commissioners are not required to hear from you. This is why it’s important to get your hearing request in within the 20 day time period.

No, unless what you have received is an Order of Summary Suspension. This Order explains that you must stop working. Otherwise, you may continue to work, or conduct licensed gambling activities, until a Final Order is entered, either by the Administrative Law Judge, the Commissioners, or by a settlement agreement.

If you have an employee that has received charges, that employee may continue to work unless you are notified otherwise by Commission staff. If the charges are for the denial of a license application, the applicant usually may not work until the matter is settled, so it’s always best to check with staff if you’re unsure.

An Order of Summary Suspension directs that all gambling activities must stop immediately. For example, if you are a card room employee, you must stop working as soon as you are served with the Order. If you operate a gambling-related business, all gambling activities must immediately stop. Orders of Summary Suspension are issued by the Director in cases where immediate public harm would result if a licensee continued to work, or operate gambling activities, pending resolution of the case. Summary Suspensions are rare, and usually occur when there has been illegal activity taking place at a licensed premises, or when an individual has committed a serious crime. When an Order of Summary Suspension is issued, a Commission Special Agent will personally serve the Order on the licensee, and remove the license from the premises.

Not all cases can be settled; however, if Commission staff determines that a settlement is possible, a staff attorney or paralegal will contact you with an offer of settlement – usually after staff receives your request for a hearing. You may receive a phone call, or you may simply receive a proposed “Agreed Order” in the mail. When you receive the Agreed Order, you should read it carefully, and if you agree to the settlement terms, sign and return it by the date indicated. Once the Order is signed, and the terms complied with, the matter will be closed.

This is completely up to you. Many licensees/applicants have attorneys represent them at hearing; however, just as many choose to represent themselves. If you choose to have an attorney represent you, you will be responsible for your attorney’s fees. Pursuant to our state statute, the Gambling Commission is represented by an Assistant Attorney General from the Attorney General’s Office, not by the staff attorney or paralegal you have probably been working with.

Once staff receives your request, we have up to 90 days to schedule, not hold, a hearing. This allows time for any settlement negotiations if the case is the type that can be settled. If this is not the type of case we can settle, or if no settlement can be reached, a hearing will be set. Hearings are usually held approximately three to four months after a hearing request is received. You will be notified of your hearing date well in advance.

Compared to a court room proceeding, an administrative hearing is informal. It is held in a conference room at our Lacey office, and all parties, including the attorneys, generally remain seated.

The case will be heard by an Administrative Law Judge (ALJ) from the Office of Administrative Hearings. This judge is an independent third party who is not connected with, and does not work for, the Gambling Commission.

You may bring witnesses to testify on your behalf. All witnesses are given an oath (sworn in) before testifying. However, witnesses are not permitted to represent or speak for you; if you want someone to represent you, you must hire an attorney, or speak on your own behalf.

The hearing is open to any member of the public, including the media. However, usually only the parties involved attend.

The hearing is recorded by the ALJ on an audiocassette tape. In the event that an appeal is later filed, a written transcript of the hearing is created from this tape.

There is really no way to tell, and Gambling Commission staff cannot legally advise you about your chances of winning or losing. You must retain an attorney if you want this type of advice. At hearing both sides, the Gambling Commission and the licensee/applicant, tell the ALJ their side of the story, or their version of the facts.

After hearing all the testimony and reviewing all of the evidence, the ALJ makes a decision, but does not announce his/her decision at the hearing. By law the ALJ has 90 days to issue his/her Findings of Fact, Conclusions of Law, and Initial Order. You will receive this in the mail, so it is important to make sure both the Gambling Commission, and the Office of Administrative Hearings have your current mailing address.

Within 20 days of the ALJ’s ruling, either party can appeal the ALJ’s order by submitting a Petition for Review to be heard by the five-person Commission. When a Petition for Review is filed, it is generally scheduled two months after receipt of the Petition. (Example: If a Petition for Review is received in August, the Petition would likely be heard at the October Commission meeting).

The Commission’s role is set forth in the Administrative Procedures Act (APA), Chapter 34 RCW; the Commissioners are designated as “reviewing officers,” and act as a reviewing court of the ALJ’s Findings of Fact, Conclusions of Law and Initial Order.

Commission meetings are held in various parts of the state. Approximately two weeks before the hearing, you will receive a Notice of Commission Review (similar to the Notice of Hearing you received), giving you the time, date and location of the hearing. A schedule of Commission meetings, and their location, is posted on our website, at www.wsgc.wa.gov.

Yes. Unlike the administrative hearing held at Gambling Commission headquarters, this is an open-to-the-public, regularly scheduled, monthly meeting. Usually 50 – 60 people attend these meetings, and your Petition will be heard as part of the regular agenda.

The Commissioners do not hear additional testimony or evidence from the licensee/applicant or from staff, but must allow written arguments to be presented, and may allow oral arguments made by both sides (usually about 10 minutes per side). Each side explains why they think the ALJ’s decision is correct or incorrect, and answers any questions the Commissioners may have.

The Commissioners receive the same documents the ALJ received, including all legal documents that were filed – for example, the Notice of Administrative Charges, Request and Notice for Hearing, and any exhibits admitted into evidence. The Commissioners also receive a transcript of the hearing, copies of the Petition for Review, the opposing party’s Response to Petition for Review, and a Memorandum from staff, giving the Commissioners a brief overview of the case. These items are sent out approximately two weeks prior to the Commission meeting, and are also mailed to the licensee/applicant and their attorney (if applicable) at that time.

Washington’s APA (Administrative Procedures Act) requires that when reviewing the ALJ’s Findings of Fact, the Commissioners must give due regard to the ALJ’s opportunity to observe the witnesses. The APA also requires the Commissioners to personally consider the whole record, or such portions of it as may be cited by the parties.

They usually make their ruling at the meeting. After they hear from both parties, they usually go into a separate room and discuss the case. This is called an “Executive Session,” and is not open to the public. After this they announce their decision orally. A written order will be prepared by the Commission’s Assistant Attorney General, and presented for signature at the next Commission meeting. The order is then mailed to all parties.

After you receive the Commissioners’ decision/order, you have ten (10) days to file a request for the Commissioners to reconsider their decision; however, you must immediately abide by the terms of the Commissioners’ decision, unless they reconsider. If you do not hear from the Commission within 20 days after submitting your request for reconsideration, you may assume that the Commissioners have denied your request. (You can also appeal the decision – see below – even if you don’t want to ask the Commissioners to reconsider their decision).

You may appeal the Commission’s ruling to a Superior Court Judge (see RCW 34.05.542). However, you must abide by the terms of the Commission’s order pending the outcome of that appeal. If the Commission orders your license revoked or suspended, or your application denied, you may not conduct any gambling-related activity until your appeal has been resolved by the court.