205 Mass. Reg. 138.09

Current through Register 1523, June 7, 2024

Section 138.09 - Retention, Storage and Destruction Records

(1) A system of internal controls submitted by a gaming licensee in accordance with 205 CMR 138.02 shall include a records retention schedule, and provisions related to the storage and destruction of records that at a minimum incorporates the following provisions:

(a) The following records shall be retained indefinitely, unless permission for destruction is requested by the gaming licensee and approved by the commission:

1. Corporate records required by 205 CMR 138.02;

2. Records of corporate and due diligence investigations and associated procedures;

3. Current employee personnel files; and

4. A record of any record destroyed, identifying the particular record, the period of retention and the date of destruction.

(b) All financial, accounting, contract, payroll, personnel, employee and budget documents shall be retained for the periods prescribed in sections D and E of the Massachusetts Statewide Records Retention Schedule, 02-11. (References in the Schedule to the state comptroller, state accounting system and other similar terms shall be read to refer to the Licensee and its accounting systems).

(c) All tax return filings and related records referenced in section L3 Tax Filing #1 of the Massachusetts Statewide Records Retention Schedule, 02-11 shall be retained for six years.

(d) All tax revenue accounting records referenced in section L5 Tax Collection #12 of the Massachusetts Statewide Records Retention Schedule, 02-11 shall be retained in accordance with the periods prescribed in the Schedule.

(e) In addition to those records referenced in 205 CMR 138.09(1)(a) through (d), the Licensee's records retention schedule shall include provisions by category relative to:

1. All gaming related records;

2. Security related records;

3. Surveillance related records (subject to 205 CMR 141.05(7));

4. Records relative to junkets; and

5. Records relative to vendors

(2)

(a) A gaming licensee may petition the commission at any time for approval of a facility off the site of the gaming establishment to be used to generate or store records required to be retained in accordance with 205 CMR 138.09(1). Such petition shall include:

1. A detailed description of the proposed off-site facility, including security and fire safety systems; and

2. The procedures pursuant to which commission agents will be able to gain access to the records retained at the off-site facility.

(b) A gaming license may store any records electronically or via other suitable medium.

(3) A gaming licensee shall, except as otherwise provided, notify the commission and the Gaming Enforcement Division of the Massachusetts Attorney General's Office in writing at least 60 days prior to the scheduled destruction of any record required to be retained in accordance with 205 CMR 138.09(1). Such notice shall list each type of record scheduled for destruction, including a description sufficient to identify the records included; the retention period; and the date of destruction.

(4) The commission or the Gaming Enforcement Division of the Massachusetts Attorney General's Office may prohibit the destruction of any record required to be retained in accordance with 205 CMR 138.09(1) by so notifying the gaming licensee in writing within 45 days of receipt of the notice of destruction pursuant to 205 CMR 138.09(3) or within the specified retention period. Such original record may thereafter be destroyed only upon notice from the commission, the IEB, the Massachusetts Attorney General's Office, or by order of the commission upon the petition of the gaming licensee or by the commission on its own initiative.

(5) The gaming licensee may utilize the services of a disposal company for the destruction of any records required to be retained in accordance with 205 CMR 138.09(1) except those related to credit. Any cash complimentary coupons to be destroyed by a disposal company shall be cancelled with a void stamp, hole punch or similar device, or must contain a clearly marked expiration date which has expired.

(6) Nothing in 205 CMR 138.00 shall be construed as relieving a gaming licensee from meeting any obligation to prepare or maintain any book, record or document required by any other federal, state or local governmental body, authority or agency or as otherwise required in its capacity as a Sports Wagering Operator pursuant to M.G.L. c. 23N and 205 CMR.