W. Va. Code R. § 179-8-131

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 179-8-131 - Patron Dispute Process

131.1. A patron shall submit the complaint 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 casino licensee at the same time that the representative submits the complaint copy to West Virginia Lottery headquarters.

131.2. The casino licensee shall attempt to resolve all patron disputes and has a period of ten business days to investigate a patron complaint and resolve the dispute.

131.3. If the casino 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, who will forward a copy of the complaint to West Virginia Lottery headquarters. The casino licensee shall provide a patron with a complaint form upon request.

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

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

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

131.4.c. The physical location and/or identity of the gaming table or gaming device where the complaint arose, if applicable;

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

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

131.4.f. A summary of the casino licensee's attempt to resolve the patron dispute; and

131.4.g. Any other information considered necessary by the Director or the Commission.

131.5. 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.

131.6. The casino 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 casino licensee shall provide a copy of the answer to the complaining patron at the same time that the casino licensee submits the answer to the West Virginia Lottery.

131.7. Until the Commission has released the recorded images that are connected to the complaint, the casino licensee shall not destroy, erase or record over the images.

W. Va. Code R. § 179-8-131