Md. Code Regs. 36.03.07.03

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

Section 36.03.07.03 - Mandatory Exclusion List

A. The Commission shall establish a mandatory exclusion list.

B. The Director may place on the mandatory exclusion list an individual who:

(1) Is a career offender;

(2) Has been convicted of a criminal offense under the laws of the United States or any jurisdiction within the United States that is a criminal offense involving moral turpitude or a gambling offense;

(3) Would adversely affect the interests of the State, the licensee, or the individual if the individual were to be present at a video lottery facility;

(4) Is the subject of any administrative or judicial order directing the individual to stay away from a video lottery or other gaming facility;

(5) Presents a threat to the safety of any individual on the premises of a video lottery facility;

(6) Engages in, or has a documented history of engaging in, disruption of video lottery or table game play;

(7) The Director or a facility operator has a reasonable belief has cheated, or attempted to cheat, at a facility by engaging in conduct including:

(a) Altering or misrepresenting the outcome of a game or event on which bets have been placed;

(b) Placing, cancelling, increasing, or decreasing a bet based on knowledge that is not available to other players;

(c) Claiming or collecting a prize from a video lottery facility that the individual did not win or earn or that the individual was not otherwise authorized to claim or collect;

(d) Manipulating a video lottery terminal, a table game, a central monitor and control system, or associated equipment or software to affect the outcome of a game or bet; or

(e) Altering the elements of chance or methods of selection or criteria that determine the outcome of a game or bet; or

(8) Engages in any conduct that may adversely affect public confidence in, or perception of, video lottery or table game operations in the State.

C. In evaluating whether to place an individual on the mandatory exclusion list, the Director may specify monetary amounts and circumstances, including:

(1) The nature of the incident;

(2) Whether the individual was a video lottery employee licensee at the time of the incident;

(3) If the individual was a licensee, whether the individual was working at a video lottery facility while the individual engaged in conduct described in §B of this regulation;

(4) Whether the incident directly impacts:

(a) A video lottery facility;

(b) A player; or

(c) A licensee;

(5) The amount or type of loss to:

(a) A video lottery facility;

(b) A player; or

(c) A licensee;

(6) Whether the individual made restitution;

(7) Whether the individual was involved in a prior incident that meets the criteria of §B of this regulation;

(8) Whether a video lottery facility has other information the Director finds relevant; and

(9) Any other information the Director finds relevant.

D. The entry of an individual on the mandatory exclusion list shall include sufficient information to identify the excluded individual.

E. The information used to identify an excluded individual may include:

(1) The individual's:

(a) Name and any nickname or alias;

(b) Residential address;

(c) Telephone numbers;

(d) Gender;

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

(f) Race or ethnic origin;

(g) For non-United States citizens, country of origin; and

(h) Photograph;

(2) Date of placement on the mandatory exclusion list;

(3) Brief statement of the basis for placing the individual on the mandatory exclusion list; and

(4) Any other information the Commission requires.

F. The mandatory exclusion list and related records are public records under General Provisions Article, § 4-101, Annotated Code of Maryland.

Md. Code Regs. 36.03.07.03

Regulations.03 adopted as an emergency provision effective (40:6 Md. R. 470), eff.3/1/2013 ; emergency action expired effective July 20, 2013
Regulations.03 adopted effective 40:16 Md. R. 1347, eff.8/19/2013 ; amended effective 45:4 Md. R. 208, eff. 2/26/2018; amended effective 45:21 Md. R. 973, eff. 10/22/2018