Gerow v. Washington State Gambling Commission

¶1 Jay Gerow and ZDI Gaming, Inc. (ZDI) appeal the superior court’s dismissal of their petition to invalidate two Washington State Gambling Commission (Commission) regulations under the Administrative Procedure Act (APA), RCW 34.05.570(2)(c). ZDI argues that WAC 230-14-047 (“Standards for electronic video pull-tab dispensers”) and WAC 230-06-003 (“Defining ‘cash’ ”) are invalid because, inter alia, the Commission adopted them without a three-vote majority as required by the “Gambling Act,” ch. 9.46 RCW. We agree.

¶2 Any rules adopted by the Commission relating to the regulation of licensing…