Section 152.08 - Forfeiture of Winnings(1) An individual who is on the exclusion list shall not collect any winnings or recover losses arising as a result of prohibited gaming or sports wagering, and such winnings shall be forfeited to the commission. To the extent that the winnings arise from gaming or a source which cannot be determined, they shall be deposited into the Gaming Revenue Fund pursuant to M.G.L. c. 23K, §§ 45(j) and 59. To the extent that the winnings arise from prohibited sports wagering, they shall be deposited into the Sports Wagering Fund established by M.G.L. c. 23N, § 17.(2) Upon verification that an individual:(a) who is present in its gaming establishment, sports wagering area, or sports wagering facility is on the exclusion list, a gaming or sports wagering licensee shall take steps to: 1. In accordance with 205 CMR 152.06(2) and 205 CMR 152.06(3), coordinate with the Massachusetts State Police Gaming Enforcement Unit to remove the individual from the gaming establishment, sports wagering area, or sports wagering facility; and2. Notify the Bureau who shall lawfully confiscate, or cause to be refused to pay any winnings or things of value obtained from engaging in a gaming or prohibited sports wagering transaction including:a. gaming chips, gaming plaques, slot machine tokens and vouchers, gaming vouchers, and sports wagering vouchers;b. any electronic gaming device or slot machine jackpot won by the individual; andc. any cashable credits remaining on an electronic gaming device or slot machine credit meter played by the individual.3. Deliver any winnings or things of value obtained from the individual to the cashier's cage, and transmit the cash value to the commission for deposit in the Gaming Revenue Fund or Sports Wagering Fund in accordance with 205 CMR 152.08(1).(b) maintains a sports wagering account or has engaged in prohibited sports wagering, a sports wagering licensee shall take steps to:1. Cancel any wagers and confiscate resulting funds in accordance with 205 CMR 238.33(1) and (3);2. Suspend the sports wagering account used to engage in prohibited sports wagering in accordance with 205 CMR 248.17: Account Suspension and Restoration; and3. Notify the Director of Sports Wagering and the Bureau.(3) If an individual wishes to contest the forfeiture of winnings or things of value, the individual may request a hearing in writing with the commission within 15 days of the date of the forfeiture. The request shall identify the reason why the winnings or things of value should not be forfeited. A hearing shall be conducted in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings to determine whether the subject funds were properly forfeited in accordance with 205 CMR 152.08.Adopted by Mass Register Issue 1289, eff. 6/19/2015.Amended by Mass Register Issue 1292, eff. 6/19/2015.Amended by Mass Register Issue 1312, eff. 5/6/2016.Amended by Mass Register Issue 1338, eff. 5/5/2017.Amended by Mass Register Issue 1367, eff. 6/15/2018.Amended by Mass Register Issue 1369, eff. 7/13/2018.Amended by Mass Register Issue 1374, eff. 7/13/2018.Amended by Mass Register Issue 1399, eff. 6/7/2019.Amended by Mass Register Issue 1492, eff. 3/9/2023 (EMERGENCY).Amended by Mass Register Issue 1496, eff. 5/26/2023.Amended by Mass Register Issue 1514, eff. 2/2/2024.