205 Mass. Reg. 152.09

Current through Register 1523, June 7, 2024

Section 152.09 - Sanctions against a Gaming or Sports Wagering Licensee

(1)Grounds for Action. A gaming or sports wagering license may be conditioned, suspended, or revoked, and/or the gaming or sports wagering licensee assessed a civil administrative penalty based on a finding that a licensee has:

(a) knowingly or recklessly:

1. failed to exclude or eject from its premises any individual placed on the list of excluded persons; or

2. permitted an individual placed on the list of excluded persons to maintain an account on a sports wagering platform or engage in prohibited sports wagering. Provided, it shall not be deemed a knowing or reckless failure if an individual on the exclusion list shielded their identity or otherwise attempted to avoid identification while present at a gaming establishment, sports wagering area, or sports wagering facility, or evaded the commercially reasonable standards for sports wagering identity verification required by 205 CMR 248.04(4).

(b) failed to abide by any provision of 205 CMR 152.00, M.G.L. c. 23K, § 45, M.G.L. c. 23N, § 11(e)(1), the gaming or sports wagering licensee's approved written policy for compliance with the exclusion list program pursuant to 205 CMR 152.06(5), or any law related to the exclusion of patrons in a gaming establishment or from sports wagering.

(2)Finding and Decision. If the Bureau finds that a gaming licensee has violated a provision of 205 CMR 152.09(1), it may issue a written notice of decision recommending that the commission suspend, revoke, and or condition said gaming licensee. Either in conjunction with or in lieu of such a recommendation, the Bureau may issue a written notice assessing a civil administrative penalty upon said licensee. Such notices shall be provided in writing and contain a factual basis and the reasoning in support the decision including citation to the applicable statute(s) or regulation(s) that supports the decision.

(3)Civil Administrative Penalties. The Bureau may assess a civil administrative penalty on a gaming licensee in accordance with M.G.L. c. 23K, § 36 for a violation of 205 CMR 152.09(1).

(4)Review of Decision. A recommendation made by the Bureau to the commission that a gaming license be conditioned, suspended or revoked shall proceed directly to the commission for review in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. If the gaming licensee is aggrieved by a decision made by the Bureau to assess a civil administrative penalty in accordance with 205 CMR 152.09(2) and (3), it may request review of said decision in accordance with 205 CMR 101.00.

(5)Sports Wagering Operators. Discipline of a sports wagering operator for a violation of 205 CMR 152.09(1) shall follow the process set out in 205 CMR 232.00: Discipline of Sports Wagering Operators and Other Licensees, and Registrants.