Md. Code Regs. 36.01.03.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 36.01.03.02 - Application for Placement on the Commission's Voluntary Exclusion List

A. An application for placement on the Commission's Voluntary Exclusion List shall be available through:

(1) Each licensed video lottery facility upon request to Commission staff;

(2) Each licensed instant bingo facility with more than 10 instant bingo machines; and

(3) The Agency.

B. Information about applications for placement on the Commission's Voluntary Exclusion List shall be available through:

(1) Each licensed video lottery facility;

(2) Each registered fantasy competition operator;

(3) Each sports wagering licensee;

(4) Each licensed instant bingo facility with more than 10 instant bingo machines; and

(5) The Agency.

C. An individual may request to be excluded from :

(1) The places and activities described in Regulation .01 of this chapter by submitting a completed application for placement on the Commission's Voluntary Exclusion List to Commission staff; and

(2) An instant bingo facility with more than 10 instant bingo machines by submitting a completed application form to instant bingo facility staff.

D. An application for placement on the Commission's Voluntary Exclusion List shall include:

(1) Sufficient information to identify and exclude the individual, including the individual's:

(a) Name, including any nickname or alias;

(b) Residential address;

(c) Date of birth;

(d) Valid, unexpired, government-issued identification that includes a photograph of the applicant;

(e) Social Security number or other government-issued identification number, if applicable;

(f) Gender;

(g) Physical description, including any birthmarks, scars, or tattoos;

(h) Race or ethnic origin;

(i) Signature, which may include the use of a Commission-approved secure electronic means; and

(j) Any other information about the individual that the Commission requires;

(2) The length of time requested for placement on the Commission's Voluntary Exclusion List, which shall be for:

(a) At least 2 years; or

(b) Life;

(3) Information pertaining to problem gambling programs;

(4) Acknowledgment that certain problem gambling programs may contact the applicant;

(5) A signed statement by which the individual declares that the individual:

(a) Has a gambling problem and is unable to gamble responsibly;

(b) Is sober and informed;

(c) Releases and holds harmless the State of Maryland, the Commission, the Agency, and their members, employees, and agents from any liability that may arise from the application or the individual's placement on the Commission's Voluntary Exclusion List;

(d) Acknowledges that the Commission is collecting information from the individual that the:

(i) Individual may request to inspect or correct under General Provisions Article, § 4-502, Annotated Code of Maryland;

(ii) Commission will maintain as sociological information under General Provisions Article, § 4-330, Annotated Code of Maryland; and

(iii) Commission or its licensees may share with entities as provided in Regulation .05 of this chapter;

(e) Authorizes the release of information to the persons specified in Regulation .07 of this chapter;

(f) Acknowledges that the individual will be, for the entire term of the requested period of exclusion:

(i) Prohibited from entering a video lottery facility and playing table games or a video lottery terminal ;

(ii) Prohibited from playing a lottery game;

(iii) Prohibited from playing an instant bingo machine at an instant bingo facility with more than 10 instant bingo machines;

(iv) Prohibited from participating in a fantasy competition offered by a fantasy competition operator registered under COMAR 36.09;

(v) Prohibited from participating in sports wagering offered by a sports wagering licensee under COMAR 36.10; or

(vi) Any combination of the five;

(g) Acknowledges that if the requested period of placement on the Commission's Voluntary Exclusion List was 2 years, the individual will not be removed from the Commission's Voluntary Exclusion List unless the Commission grants the individual's request for removal under Regulation .06 of this chapter;

(h) Acknowledges that the individual may be subject to criminal charges if, during the period of exclusion, the individual enters a video lottery facility in the State;

(i) Acknowledges that the individual may be, for the entire term of the requested period of exclusion:

(i) Banned by a video lottery facility from any of its affiliated facilities in Maryland or other jurisdictions;

(ii) Removed or precluded from utilizing a video lottery facility's associated sports wagering platform;

(iii) Banned from video lottery facilities that offer sports wagering;

(iv) Even if accessed from a different state, removed or precluded from joining or participating in a fantasy competition operator's online platform;

(v) Banned by a sports wagering facility from any of its affiliated facilities in Maryland or other jurisdictions; or

(vi) Even if accessed from a different state, removed or precluded from joining or participating in a mobile sports wagering licensee's online platform;

(j) Otherwise acknowledges that the individual understands the individual's responsibilities and possible consequences associated with being placed on the Commission's Voluntary Exclusion List; and

(k) Is voluntarily applying.

E. Upon receipt of a completed application for placement on the Commission's Voluntary Exclusion List, assigned Commission staff may:

(1) Interview the individual in order to ascertain that the individual:

(a) Is voluntarily applying for exclusion;

(b) Is sober and informed;

(c) Confirms the information provided in the application; and

(d) Is fully informed of the consequences of being placed on the Commission's Voluntary Exclusion List;

(2) Decide whether to accept the request for placement on the Commission's Voluntary Exclusion List and place the individual on the Commission's Voluntary Exclusion List; and

(3) Deliver to the individual by regular U.S. mail a written notice of:

(a) Placement on the Commission's Voluntary Exclusion List; or

(b) Denial of the application requesting placement on the Commission's Voluntary Exclusion List.

F. Notice to Individual Placed on the Commission's Voluntary Exclusion List.

(1) The Agency's notice to an individual of placement on the Commission's Voluntary Exclusion List for video lottery facilities, shall include:

(a) A statement from each video lottery facility informing the individual not to enter the video lottery facility;

(b) Notice that, if the individual enters a video lottery facility, the individual may be subject to criminal charges;

(c) Notice that the individual may be banned by a video lottery facility from any of its affiliated facilities in Maryland or other jurisdictions; and

(d) Notice that the individual may be unable to participate in sports wagering offered by a sports wagering facility operator or online sports wagering operator affiliated with a video lottery facility.

(2) The Agency's notice of an individual's placement on the Commission's Voluntary Exclusion List for exclusion from participating in fantasy competitions in the State shall include notice that the individual may be excluded from participating in fantasy competitions offered by fantasy competition operators in another jurisdiction;

(3) The Agency's notice of an individual's placement on the Commission's Voluntary Exclusion List for exclusion from sports wagering in the State shall include:

(a) Notice that the individual is not permitted in the sports wagering-related areas of a sports wagering facility;

(b) Notice that the individual may be excluded from participating in sports wagering offered by a sports wagering licensee in any of its affiliated facilities or platforms in other jurisdictions; and

(c) Notice that, if the individual enters a video lottery facility that offers sports wagering, the individual may be subject to criminal charges.

Md. Code Regs. 36.01.03.02

Regulation .02C amended effective 41:2 Md. R. 93, eff.2/3/2014 ; amended effective 45:21 Md. R. 973, eff. 10/22/2018; amended effective 46:1 Md. R. 13, eff. 1/14/2019; amended effective 49:3 Md. R.137, eff. 12/16/2021amended effective 49:11 Md. R. 610, eff. 5/30/2022