W. Va. Code R. § 179-4-181

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-4-181 - Patron Dispute Process

181.1. The limited gaming facility licensee shall attempt to resolve all patron disputes and has a period of 10 business days to investigate a patron complaint and resolve the dispute.

181.2. If the limited gaming facility licensee and the patron cannot resolve the dispute, then the licensee shall advise the patron of the patron's right to file a complaint form with the Commission. The complaint may be received by a West Virginia Lottery employee in the casino. The casino will forward a copy of the complaint to West Virginia Lottery headquarters. The limited gaming facility licensee shall provide a patron with a complaint form upon request.

181.3. A complaint shall contain, at a minimum, all of the following information:

181.3.a. The name, address, and telephone number of the patron;

181.3.b. A summary of the nature of the patron complaint, including the date and time on which the incident leading to the dispute occurred;

181.3.c. The physical location and/or identity of the West Virginia Lottery table game or gaming device where the complaint arose, if applicable;

181.3.d. A list of the names, if known, of any occupational licensees that were involved in, or a witness to, the incident that led to the patron dispute;

181.3.e. The name, address, and telephone number, if known, of any witnesses to the incident that led to the patron dispute;

181.3.f. A summary of the limited gaming facility licensee's attempt to resolve the patron dispute; and

181.3.g. Other information considered necessary by the Director or the Commission.

181.4. If possible, the West Virginia Lottery representative shall interview the complaining patron in the West Virginia Lottery office in the casino at the time the patron submits his or her complaint. During that interview, the representative may retrieve and view any available recorded security images for a more detailed understanding of the alleged incident.

181.5. A patron shall submit the complaint in writing within five calendar days of the incident that led to the patron dispute. The West Virginia Lottery representative shall provide a copy of the complaint to the limited gaming facility licensee at the same time that the representative submits the complaint copy to West Virginia headquarters.

181.6. The limited gaming facility licensee shall submit an answer to the complaint to the Commission in writing within fourteen business days of receiving a copy of the patron's complaint. The limited gaming facility licensee shall provide a copy of the answer to the complaining patron at the same time that the limited gaming facility licensee submits the answer to the West Virginia Lottery.

181.7. Until the Commission has released the recorded images that are connected to the complaint, the limited gaming facility licensee shall not destroy, erase or record over the images.

W. Va. Code R. § 179-4-181