W. Va. Code R. § 179-4-10

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

Section 179-4-10 - General Reporting Requirements; Obligation to Report Certain Events

A person who holds or applies for the limited gaming facility license or a supplier license shall provide an immediate oral report, followed by a written report, of suspected criminal activity related to the person's proposed or existing gambling operation or casino operation or supplier operations in West Virginia. Additionally, a person who applies for or holds the limited gaming facility license or supplier license shall provide written notice to the Commission at the time the person becomes aware of any of the following:

10.1. A violation or apparent violation of the Act or this rule by any of the following entities:

10.1.a. A person who applies for or holds the limited gaming facility license or a supplier license;

10.1.b. A key person, an employee of a person applying for or holding the limited gaming facility license or a supplier license, or a key person of a holding company or affiliate that is in control of a key person, an employee of a person applying for or holding the limited gaming facility license or a supplier license; or

10.1.c. A person who acts, or is authorized to act, on behalf of or in furtherance of the interests of the limited gaming facility license or supplier license applicant or licensee, or a holding company or affiliate that is in control of the applicant or licensee;

10.2. The initiation of any investigation that could, or any action that does, result in the imposition of any civil, criminal, or administrative sanction or penalty upon a person who applies for or holds the limited gaming facility license or a supplier license;

10.3. To the extent known, the initiation of any investigation that could, or any action that does, result in the imposition of any civil, criminal, or administrative sanction or penalty upon a person who applies for or holds an occupational license;

10.4. The filing of any criminal, civil, or administrative complaint against a holding company or affiliate that has control of the applicant or holder of the limited gaming facility license or a supplier license that relates to the eligibility and suitability of the applicant or licensee to hold the limited gaming facility license or a supplier license in West Virginia under the Act and this rule;

10.5. The receipt of a subpoena that requires testimony by the person applying for or holding the limited gaming facility license or a supplier license, or by a key person, holding company or affiliate in control of the person applying for or holding the limited gaming facility license or a supplier license, that relates to the gambling or casino operations or business practices of the applicant or licensee in West Virginia or any other jurisdiction;

10.6. The receipt of a complaint or other notice filed with a public body regarding a delinquency in the payment of, or a dispute over the filings concerning the payment of, a tax required under federal, state, or local law, including all of the following information:

10.6.a. The tax amount;

10.6.b. The type of tax;

10.6.c. The taxing agency; and

10.6.d. The time periods involved.

10.7. A bankruptcy, receivership, or debt adjustment initiated by or against the person applying for or holding the limited gaming facility license or a supplier license or an officer, director, or the immediate parent company who is in control of the person applying for or holding the limited gaming facility license or a supplier license.

10.8. A compliance review conducted by the internal revenue service in accordance with title 31 of the United States Code, 31 U.S.C. § 5311 et seq., relating to the person applying for or holding the limited gaming facility license or a supplier license, an officer, a director, a holding company, or an affiliate that is in control of the person applying for or holding the limited gaming facility license or a supplier license. The person applying for or holding the limited gaming facility license or a supplier license shall provide the Commission with a copy of the compliance review report or its equivalent within 10 days of the receipt of the report;

10.9. A suspicious activity report or a currency transaction report, or both. Copies of the reports may be made available for viewing by authorized Commission personnel;

10.10. A material violation of Commission-approved internal control procedures related to security or to the transfer, collection, distribution, or accounting of monies and a statement of the corrective action taken by the limited gaming facility licensee with respect to the violations;

10.11. A material violation of an agreement with a governmental authority in West Virginia; or

10.12. Any action, occurrence, or nonoccurrence for which the Commission has instructed the person applying for or holding limited gaming facility license or a supplier license to provide notice.

W. Va. Code R. § 179-4-10