Md. Code Regs. 36.03.08.04

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

Section 36.03.08.04 - Collection and Deposit of Payments

A. An applicant or licensee shall pay a fee or civil penalty by:

(1) Wire transfer;

(2) Money order;

(3) Certified check made payable to the "State of Maryland" or

(4) Any other manner designated by the Commission.

B. The Commission shall deposit payment of:

(1) Except as provided in §B(3) of this regulation, an application, license, renewal, or other fee into a bank account that the State Treasurer designates to the credit of the State Lottery and Gaming Control Agency Fund to cover the Commission's administrative costs related to licensing;

(2) A fee into the Problem Gambling Fund established in the Maryland Department of Health under State Government Article, § 9-1A-33(b), Annotated Code of Maryland:

(a) An annual fee of $425 for a video lottery terminal; and

(b) An annual fee of $500 for a table game; and

(3) A fee for renewing a video lottery facility operator license as authorized in State Government Article, § 9-1A-13, Annotated Code of Maryland, into the Education Trust Fund established in State Government Article, § 9-1A-30, Annotated Code of Maryland.

C. The Commission may recover from an applicant or licensee whose payment of a fee or penalty is overdue:

(1) The unpaid amount of the fee or penalty;

(2) Revenues lost to the State as the result of the nonpayment;

(3) Attorney's fees; and

(4) Any other penalty, interest, cost, and expense allowable by law.

D. The failure of a licensee to timely pay a fee or penalty is a violation of a directive of the Commission.

E. The Commission's election to seek recovery under §C of this regulation for a licensee's failure to pay a fee or penalty does not preclude the Commission or the State from enforcing other rights, or seeking other remedies, for the same failure to pay.

F. Nothing in this chapter shall be construed to preclude the Commission from withholding or reducing the distribution of proceeds to an operator under State Government Article, § 9-1A-27, Annotated Code of Maryland, or instituting as set-off, counterclaim, fines, penalties, or any other legally permitted deduction, for a licensee's:

(1) Failure to pay a fee or penalty;

(2) Unsatisfactory performance;

(3) Failure to timely fulfill all of the Commission's requirements; or

(4) Material breach of a term or condition of a license.

G. The Commission shall account for collection of a fee or penalty in accordance with applicable law.

Md. Code Regs. 36.03.08.04

Regulations .04 adopted as an emergency provision effective 40:6 Md. R. 470, eff.3/1/2013 ; emergency action expired effective July 20, 2013
Regulations .04 adopted effective adopted effective 40:16 Md. R. 1347, eff.8/19/2013 ; amended effective 42:26 Md. R. 1597, eff.1/7/2016; 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.