Md. Code Regs. 36.03.02.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 36.03.02.12 - Video Lottery Employee Licenses

A. General. Unless an individual holds a valid video lottery employee license that is in good standing issued by the Commission, the individual may not be employed by a licensed facility operator, manufacturer, or contractor as a video lottery employee.

B. License Categories. The Commission may issue a video lottery employee license that is a:

(1) Principal employee license;

(2) Gaming employee license;

(3) Nongaming employee license;

(4) Temporary principal employee license; or

(5) Temporary gaming employee license.

C. Requirements. The Commission may issue a video lottery employee license to an individual who has or has had on their behalf:

(1) Paid all required application and license fees;

(2) Submitted a completed license application to the Commission;

(3) Furnished the personal and background information required under Regulation .02 of this chapter;

(4) Provided the documentation required under Regulation .03 of this chapter;

(5) Executed the consent for investigation required under Regulation .04 of this chapter;

(6) Unless exempt, obtained a bond required under Regulation .15 of this chapter;

(7) Received at least a conditional offer of employment as a video lottery employee from a licensed facility operator, manufacturer, or contractor;

(8) Demonstrated that within the 365 days before the application is submitted, the applicant has not served as a Commission member or been employed by the Agency;

(9) For an applicant for a nongaming employee license, documented that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:

(a) Obtained a bond if required under Regulation .15 of this chapter; and

(b) Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and

(10) Provided the Commission with sufficient information, documentation, and assurances to establish, by clear and convincing evidence, that the individual:

(a) Except as provided in §L of this regulation, has not been mandatorily disqualified under State Government Article, § 9-1A-14(c), Annotated Code of Maryland;

(b) Has met the applicable requirements of State Government Article, § 9-1A-07(c), Annotated Code of Maryland; and

(c) Is otherwise qualified for a video lottery employee license.

D. Application and License Fees.

(1) For a principal employee, $5,287.25, of which the:

(a) Application fee is $2,500;

(b) License fee is $750;

(c) Refundable advance deposit authorized under Regulation .01E(3) of this chapter for the administrative costs of conducting the applicant's background investigation is $2,000; and

(d) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(2) For a gaming employee, $437.25, of which the:

(a) Application fee is $250;

(b) License fee is $150; and

(c) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(3) For a nongaming employee, $187.25, of which the:

(a) Application fee is $50;

(b) License fee is $100; and

(c) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

E. Employment of a Video Lottery Employee Licensee.

(1) A video lottery employee license authorizes the licensee to be employed as a principal, gaming or nongaming employee in the State.

(2) Nothing in this chapter precludes a licensee from being employed by more than one video lottery facility or sports wagering licensee, concurrently or consecutively, while the individual's license is in good standing.

(3) A video lottery employee's second or subsequent employment with a licensee or a sports wagering licensee does not change the term of the individual's license.

(4) Without filing an application for a sports wagering employee license, a video lottery employee may be employed by a sports wagering licensee if:

(a) The individual will perform work for the sports wagering licensee that is comparable to work performed as a video lottery employee; and

(b) The individual's license is in good standing.

(5) Under State Government Article, § 9-1A-24(c)(2), Annotated Code of Maryland, a video lottery employee who is 18 to 20 years old may enter, or remain on, the gaming floor if the employee is working.

F. A licensed video lottery employee, or temporary licensee, may not play a video lottery terminal or table game at, or receive a jackpot from, a facility:

(1) Where the individual is employed;

(2) That is operated by the individual's employer; or

(3) Where the individual is currently assigned to work.

G. A sports wagering employee who is employed as a video lottery facility employee is subject to the restrictions in:

(1) Section F of this regulation; and

(2) COMAR 36.10.06.07.

H. A licensee has a continuing duty to inform the Commission of an act or omission that the licensee knows or should know constitutes a violation of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission's regulations.

I. Term; Renewal.

(1) The term of a video lottery employee license is 5 years from the date of initial licensure.

(2) The Commission may stagger the terms of licenses.

(3) Except for a sponsored principal or sponsored gaming employee, or temporary licensee, the Commission may renew the license if, before the term of the license expires, the licensee:

(a) Applies for renewal;

(b) Continues to comply with all licensing requirements;

(c) Maintains employment as a video lottery employee;

(d) Submits to a background investigation under Regulation .03 of this chapter; and

(e) Pays the fees described in §I(4) of this regulation.

(4) The fee required for processing a licensing renewal is:

(a) For a principal employee, $2,787.25, of which the:

(i) License fee is $750;

(ii) Refundable advance deposit for administrative costs of conducting the applicant's background investigation is $2,000; and

(iii) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(b) For a gaming employee, $187.25, of which the:

(i) License fee is $150; and

(ii) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(c) For a nongaming employee, $97.25, of which the:

(i) License fee is $60; and

(ii) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(5) Except as provided in §H(5) of this regulation, a video lottery employee shall submit an application for renewal to the Commission at least 90 days before the video lottery employee's license expires.

(6) A principal employee shall submit an application for renewal to the Commission at least 6 months before the principal employee's license expires.

J. Temporary License.

(1) The Commission may issue to a video lottery employee license applicant a temporary license to permit the individual to work legally as a video lottery employee before the Commission completes the full licensing process.

(2) A licensed facility operator, manufacturer, or contractor may submit an application for a temporary license on behalf of an individual who is seeking a principal or gaming employee license.

(3) An application for a temporary license shall be in a format designated by the Commission and shall include:

(a) A completed application for a principal or gaming employee license;

(b) Payment of the fees required under §D of this regulation;

(c) Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:

(i) Obtained a bond if required under Regulation .15 of this chapter; and

(ii) Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and

(d) Documentation that the applicant has acknowledged, in writing, that the State is not financially responsible for any consequences resulting from termination of a temporary license under State Government Article, § 9-1A-14(d)(4), Annotated Code of Maryland.

(4) The Commission may grant a temporary license after:

(a) Receiving all items required under §I(3) of this regulation; and

(b) Performing on the individual a:

(i) Criminal background investigation under Regulation .03 of this chapter; and

(ii) Financial stability investigation.

(5) A temporary license:

(a) Expires 180 days after the date of issue; and

(b) May be extended by the Commission for one period of 180 days.

(6) A temporary license may not be issued if:

(a) An applicant has an immediately known present or prior activity, criminal record, reputation, habit, or association that would disqualify the applicant from holding a video lottery employee license under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or regulations promulgated under that subtitle;

(b) An applicant poses a serious imminent risk of harm to the integrity, security, or profitability of the State's video lottery terminal or table game operations; or

(c) There are reasonable grounds to believe that the applicant will not be able to establish the applicant's qualifications by clear and convincing evidence under State Government, § 9-1A-07, Annotated Code of Maryland.

(7) By written notice to a temporary licensee, Commission staff may terminate, without a hearing and without following the denial process under Regulation .16 of this chapter, the temporary license of an applicant for:

(a) Failure to pay a required fee;

(b) Failure to submit required documentation to Commission staff within 30 days of submitting the application;

(c) Failure to comply with a request of Commission staff;

(d) Engaging in conduct that obstructs Commission staff from completing the applicant's background investigation; or

(e) Violating any provision of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission's regulations.

(8) Commission staff's written notice of termination of a temporary license is the final action of the Commission.

(9) If, during the course of conducting an applicant's background investigation, Commission staff reasonably believes there is a basis for recommending that the application for a video lottery employee license be denied, Commission staff shall:

(a) Notify the temporary licensee; and

(b) Follow the process for denial of a license under Regulation .16 of this chapter.

K. Relinquishment of a License.

(1) An individual who is licensed as a video lottery employee may relinquish the license.

(2) A licensee shall relinquish a license in writing by submitting to Agency staff a document that:

(a) Includes the licensee's name and date of request;

(b) Clearly expresses the individual's desire to knowingly and voluntarily relinquish, end, or otherwise give up the individual's licensure; and

(c) Gives a reason for the request.

(3) Agency staff may accept a relinquishment request that is consistent with §K(2) of this regulation.

(4) Agency staff shall update the Agency's records to show the voluntary relinquishment.

(5) By submitting a written relinquishment request of a video lottery employee license under §K(2) of this regulation, the individual acknowledges that:

(a) The State is not financially responsible for any consequences resulting from the relinquishment of the individual's license;

(b) Regardless of relinquishment, the Agency shall maintain an individual's licensing records, to which public access is governed by General Provisions Article, § 4-201, et seq., Annotated Code of Maryland;

(c) Although relinquishment ends an individual's obligation to comply with the Commission's licensing requirements, relinquishment does not change or affect any other obligation.

(6) Agency staff may deny a relinquishment request from an individual who is not in good standing.

(7) An individual who has relinquished a video lottery employee license may request that the Commission return the license to active status, and the Commission may require the individual to:

(a) Submit fingerprint cards; and

(b) Provide any other information that staff requires.

L. Exemption from Mandatory Disqualification.

(1) Definition. In this section, "problem-solving court" means:

(a) A judiciary program under the Office of Problem-Solving Courts of the Maryland Administrative Office of the Courts; or

(b) A program from another state that:

(i) Provides a collaborative, therapeutic, nonadversarial approach to judicial supervision of eligible offenders; and

(ii) Is comparable to a judiciary program described in §L(1)(a) of this regulation.

(2) Except for a crime involving gambling, an applicant for a video lottery employee license is not disqualified from licensure under State Government Article, § 9-1A-14(c)(1)(iii) or (iv), Annotated Code of Maryland, for a nonviolent misdemeanor offense for which the applicant has:

(a) Been convicted or is on active parole, probation, or prosecution; and

(b) Participated in and completed a problem-solving court program described in §L(1) of this regulation.

(3) An applicant shall provide the Commission with documentation to verify the applicant's exemption from disqualification under §L(2) of this regulation.

Md. Code Regs. 36.03.02.12

Regulations .12 adopted as an emergency provision effective March 1, 2013 (40:6 Md. R. 470); emergency action expired effective July 20, 2013
Regulations .12 adopted effective August 19, 2013 (40:16 Md. R. 1347)
Regulation .12 amended effective August 18, 2014 (41:16 Md. R. 947)
Regulation .12 amended as an emergency provision effective July 1, 2015 (42:15 Md. R. 1014)
Regulation .12H, I amended effective December 12, 2013 (40:24 Md. R. 2018)
Regulation .12 amended effective 42:18 Md. R. 1180, eff.9/14/2015; amended effective 43:5 Md. R. 388, eff.3/14/2016; amended effective 47:21 Md. R. 905, eff. 10/19/2020; amended effective 50:26 Md. R. 1130, effective 12/12/2023, exp. 6/9/2024 (Emergency); amended effective 51:10 Md. R. 529, eff. 5/27/2024.