1 Colo. Code Regs. § 207-3-6

Current through Register Vol. 47, No. 24, December 25, 2024

Rule 1 CCR 207-3-6 - PATRON COMPLAINTS

BASIS AND PURPOSE FOR RULE 6

The purpose of Rule 6 is to establish procedures for patron disputes and citizen complaints. The statutory basis for Rule 6 is found in sections 44-30-203, C.R.S., 44-30-204, C.R.S., 44-30-1604, C.R.S., 44-30-1605, C.R.S., 44-30-1610, C.R.S., and Part 16 of Article 30 of Title 44.

6.1Patron Disputes.

(1) Fantasy contest providers shall develop and prominently publish procedures by which a patron may file a complaint with the provider about any aspect of the provider's operations.

(2) It is the responsibility of the fantasy contest provider to attempt to resolve all valid disputes directly with the patron.

(3) Whenever a fantasy contest provider refuses payment of alleged winnings to a patron or there is otherwise a dispute with a patron regarding their patron account, entries, wins, or losses from fantasy contests, and the provider and the patron are unable to resolve the dispute to the satisfaction of the patron, the provider shall notify the patron of their right to file a written complaint with the provider. The notice shall include the procedure for filing a written complaint and the complaint resolution process.

(4) Upon receipt of a written complaint, a fantasy contest provider shall investigate and provide a written response to the patron within ten (10) days. The response shall include a statement that if the dispute is not resolved to the satisfaction of the patron, the patron may submit their complaint in writing to the Division within 30 days of receiving the response pursuant to Regulation 6.2.

6.2Citizen complaints authorized.

Any person claiming that a fantasy contest provider has engaged in conduct violating a provision of Part 16, Article 30, of Title 44, C.R.S. or the Rules and Regulations promulgated thereunder may file a sworn written complaint to the Division on form designated by the Division. The complaint must completely detail the conduct and the specific fantasy contest statute or regulation or other legal requirement alleged to have been violated. The Division will notify the fantasy contest provider and any other affected parties of the complaint. Once notified, the fantasy contest provider has ten (10) business days to provide the Division a written response to the Complaint.

6.3Dismissal of citizen complaint.

The Director must examine the complaint, any answer provided by the fantasy contest provider, and other supporting documents to determine whether the complaint has merit, is frivolous, or whether it charges conduct constituting grounds for disciplinary action. The Director may conduct any investigation deemed appropriate to make this decision.

(1) The Director may reject a complaint if it does not meet the requirements of this section.

(2) If the Director determines that the complaint is without merit, is frivolous, or does not charge conduct constituting grounds for disciplinary action, the Director may dismiss the complaint and notify the involved parties stating the reasons for dismissal.

(3) If the Director determines the complaint has merit, the Director may decide to initiate formal disciplinary proceedings where grounds exist to sustain their initiation.

1 CCR 207-3-6

46 CR 24, December 25, 2023, effective 1/14/2024