205 Mass. Reg. 247.04

Current through Register 1523, June 7, 2024

Section 247.04 - Prohibiting Wagers for Good Cause

(1) Pursuant to M.G.L. c. 23N, § 11(b), a Sports Governing Body, equivalent organization, as authorized by the Commission, or related Players Association may request in writing that the Commission restrict, limit or exclude a certain type, form or category of Sports Wagering with respect to Sporting Events of the Sports Governing Body, if the Sports Governing Body or Players Association believes that such type, form or category of Sports Wagering with respect to Sporting Events of the Sports Governing Body:

(a) Is contrary to public policy;

(b) Is unfair to patrons;

(c) May undermine the perceived integrity of the Sports Governing Body, Sporting Events of the Sports Governing Body, or the athletes participating therein; or

(d) Affects the integrity of the Sports Governing Body, Sporting Events of the Sports Governing Body, or the integrity, health or welfare of the athletes participating therein or that of their families.

(2) The request must be submitted in the form and manner prescribed by the Commission and must include, at a minimum, all of the following:

(a) The identity of the requestor, and contact information for at least one individual who shall be the primary point of contact for questions related to the request;

(b) A description of the Sporting Event or Wager Category that is the subject of the request;

(c) Information explaining why the requestor believes the requirements of 205 CMR 247.04(1) are met; and

(d) Any other information required by the Commission.

(3) The Commission shall grant the request upon good cause shown, or deny the request otherwise; provided, however, that if the Commission determines that the requestor is more likely than not to make a showing of good cause, the Commission may provisionally grant the request until the Commission makes a final determination as to whether the requestor has shown good cause.

(4) If the request concerns a particular Sporting Event, it must be sent to the Commission at least ten days before the event, unless the request involves allegations of match-fixing, the manipulation of an event, misuse of inside information, or other prohibited activity, in which case it must be sent to the Commission as soon as is reasonably practical.

(5) The Commission shall grant or deny any request concerning a particular Sporting Event, received at least ten days before the event, before the event. Otherwise, the Commission shall grant or deny any request within fourteen days;

(6) Upon receiving a complete request under 205 CMR 247.04(1), the Commission shall request comment from Sports Wagering Operators on all such requests in writing. The request shall include the date by which any written responses must be submitted to the Commission. All Sports Wagering Operators must be given an opportunity which is reasonable under all the circumstances to respond to the request.

(7) A Sports Wagering Operator may continue to offer Sports Wagering on any Sporting Event that is the subject of a request until the Commission provisionally grants or grants the request.

(8) Nothing in 205 CMR 247.04 shall be construed to limit or restrict the Commission's authority to restrict, limit or exclude a certain type, form or category of Sports Wagering on its own initiative, without a request pursuant to 205 CMR 247.04(1).