Md. Code Regs. 36.10.14.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 36.10.14.07 - Complaint by an Interested Party

A. Definitions. In this regulation, the following terms have the meanings indicated:

(1) "Interested party" means:

(a) A sports wagering licensee;

(b) A professional sports team, or its:

(i) League;

(ii) Association; or

(iii) Governing entity; or

(c) An institution of higher education.

(2) "Public hearing" means the portion of a Commission meeting during which the Commission will consider an interested party's complaint about a matter described in State Government, § 9-1E-11(e)(2), Annotated Code of Maryland.

B. Complaint.

(1) An interested party may submit a complaint to the Commission requesting the Commission to prohibit a:

(a) Type or form of sports wagering; or

(b) Category of individuals wagering on a sporting event.

(2) Time for Submission.

(a) The complaint shall be submitted at least 15 days before commencement of the wagering activity that is the subject of the complaint.

(b) Except for recurring events, the Commission shall immediately dismiss, and may not consider, a complaint that is submitted less than 15 days before commencement of the wagering activity that is the subject of the complaint.

(3) The complaint shall be in writing, and specifically describe the type, form, or category of wager, including:

(a) A description of the sporting event for which the wager is offered, including:

(i) Date;

(ii) Time;

(iii) Place; and

(iv) Participants in the sporting event;

(b) The name and contact information for the licensee or person offering the wager;

(c) The specific reasons why the complainant believes that the type, form, or category of wager:

(i) Is contrary to public policy;

(ii) Is unfair to consumers;

(iii) Affects the integrity of a particular sport; or

(iv) Affects the integrity of the sports wagering industry; and

(d) Any other information the Commission requires.

C. Review of Complaint.

(1) Commission staff shall review the complaint for compliance with §B of this regulation.

(2) Missing Information.

(a) Commission staff shall notify the complainant if the complaint is missing information required in §B of this regulation, or if additional information is required to review the complaint.

(b) The complainant shall provide Commission staff with any missing or required information within 5 days of the notice in §C(2)(a) of this regulation.

D. Commission staff shall dismiss the complaint if:

(1) The complainant fails to timely provide information as required in §C of this regulation;

(2) The person that is allegedly conducting the wagering activity that is the subject of the complaint is not a licensee;

(3) The wagering activity is a prohibited wager under COMAR 36.10.14; or

(4) The wagering activity occurs before the next scheduled Commission meeting.

E. Public Hearing.

(1) The portion of the Commission meeting pertaining to the agenda item of the complaint shall be conducted as part of a Commission open meeting under COMAR 36.01.02.03.

(2) A public hearing on the complaint of an interested party is not a hearing under COMAR 36.01.02.06.

(3) If the complaint has not been dismissed under §C of this regulation, Commission staff:

(a) Shall place the complaint on the agenda item of the next Commission meeting and post notice of the meeting in the ordinary course of business;

(b) Shall attempt to contact the complainant and the licensee or person offering the wager of the meeting; and

(c) May notify any interested party of the complaint and meeting.

(4) An individual who wishes to speak during the portion of the Commission meeting pertaining to the agenda item of the complaint:

(a) Is encouraged to contact the Commission staff who notified the individual of the meeting to advise, in advance of the meeting, whether they plan to attend; and

(b) Is limited to the time limit established by the Chair.

(5) If the Commission meeting will be held virtually:

(a) The individual shall contact the Commission staff who notified the individual of the meeting to advise, in advance of the meeting, the telephone number, or other means acceptable to the Commission, by which they will join the virtual meeting; and

(b) An individual who has not contacted Commission staff as required in §E(5)(a) of this regulation may not participate in the meeting.

(6) During discussion of the agenda item pertaining to the complaint, the Commission shall:

(a) Receive a report from Commission staff;

(b) Hear the views if interested parties, or individuals who have arranged to join the meeting under §E(5)(a) of this regulation; and

(c) Decide whether good cause is shown to prohibit the wagering activity that is the subject of the complaint.

(7) If good cause is shown, the Commission shall notify the complainant and licensee of the decision and take appropriate action.

(8) If good cause is not shown, the Commission shall notify the complainant and licensee of the decision.

F. The Commission's decision on a complaint under this regulation does not give rise to an appeal right under State Government Article, Title 10, Annotated Code of Maryland.

Md. Code Regs. 36.10.14.07

Amended effective 49:1 Md. R.16, eff. 1/13/2022