10 Del. Admin. Code § 206-7.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 206-7.0 - Employee Licensing

Requirements for all Employee Applicants

7.1 Any person who accepts, begins or continues employment in a position requiring a key employee license, or a gaming employee license, or a service employee license without holding a current and valid license permitting such employment is guilty of a Class A misdemeanor.

7.2 The Director may issue a temporary employee license upon a finding that the license is necessary for the efficient operation of the Internet lottery. A temporary license is valid for six (6) months.

7.2.1 A waiver will be signed by the applicant indicating that should the DGE provide evidence that the applicant is disqualified pursuant to the Delaware Code, the applicant's temporary license will be suspended. If a temporary license is suspended, the applicant shall have an opportunity to request a hearing in accordance with these regulations.

7.3 An employee license application shall not be accepted for processing without confirmation of an offer of employment from an Internet lottery agent, a licensed technology provider or licensed service provider. The completed application form shall be reviewed and witnessed by the applicant's human resources personnel or designee.

7.4 For employees working within the United States, it shall be the affirmative responsibility of each applicant to produce clear and convincing evidence of his or her United States citizenship; lawful status granted by the United States Department of Justice, Immigration and Naturalization Service; or authorization to work in the United States, in accordance with the requirements set forth in 7.5. The failure of an applicant to establish by clear and convincing evidence his or her United States citizenship, lawful status from the United States Department of Justice, Immigration and Naturalization Service, or authorization to work in the United States shall be a basis for denial of an employee license application.

7.5 Each applicant for an employee license shall establish his or her identity by providing either:

7.5.1 One of the following authentic documents:

7.5.1.1 A current passport from the United States or another country;

7.5.1.2 A Certificate of United States Citizenship, or a Certificate of Naturalization issued by the United States Department of Justice, Immigration and Naturalization Service (INS); or

7.5.1.3 A current identification card issued by a government body containing a photograph or fingerprints and identifying information such as name, date of birth, sex, height, color of eyes and address; or

7.5.2 Any two of the following authentic documents:

7.5.2.1 A certified copy of a birth certificate issued by a state, county or municipal authority in the United States or another country bearing an official seal;

7.5.2.2 A current driver's license containing a photograph or identifying information such as name, date of birth, sex, height, color of eyes and address;

7.5.2.3 A current identification card issued to persons who serve in the United States military or their dependents by the United States Department of Defense containing a photograph or identifying information such as name, date of birth, sex, height, color of eyes and address;

7.5.2.4 A current student identification card containing a photograph, an expiration date, the seal or logo of the issuing institution, and the signature of the card holder;

7.5.2.5 A current identification card issued by a federal, state or local government agency containing a photograph or identifying information such as name, date of birth, sex, height, color of eyes and address;

7.6 Each applicant shall be fingerprinted by the State Bureau of Identification or shall supply fingerprints to the Delaware Lottery before acceptance of his or her application by the Lottery. An application shall not be accepted for processing unless accompanied by a receipt for fingerprinting.

7.7 Each applicant for an employee license shall file an employee application as specified in this section in electronic or hard copy as specified by the Lottery.

7.8 An employee license application fee shall be due and payable at the time of the application submission. The fees shall be as follows:

7.8.1 The fee for an initial and renewal key employee license application shall be $500. In addition, an applicant for a key license shall pay for all unusual or out of pocket expenses incurred by the Division of Gaming Enforcement or Lottery on matters directly related to the applicant or licensee.

7.8.2 The fee for an initial and renewal gaming employee license shall be $200.

7.8.3 There is no fee for an initial and renewal service employee license, however costs associated with criminal history checks will be assessed.

7.9 The State Bureau of Identification shall act as the intermediary for the receipt of the federal criminal history record checks performed by the Federal Bureau of Investigation. The State Bureau of Identification shall forward the results of these federal record checks to the attention of the DGE in a confidential manner.

7.10 Every licensed badge issued by the agency shall bear thereon the distinguishing number assigned to the licensee and shall contain the name and photograph of the licensee. The license badge shall also contain the name of the sponsoring agent, technology provider or service provider.

7.11 The licensed badge is the property of the agency. The licensed badge shall be returned to the agency if the Director suspends or revokes a person's license to participate in Internet lottery operations.

7.12 The agency will communicate the results of suitability in writing regarding an employee to either the Internet lottery agent, technology provider or service provider employing said individual.

7.13 All records pertaining to criminal background checks, pursuant to 29Del.C. § 4807A and copies of suitability determinations of applicants for licensure, shall be maintained in a confidential manner, including, but not limited to the following:

7.13.1 Access to criminal background check records, and letters of reference accompanying out-of-state criminal background checks, and determinations of suitability of applicants shall be limited to the Director and designated personnel;

7.13.2 All such records shall be kept in locked, fireproof cabinets;

7.13.3 No information from such records shall be released without the signed release of the applicant.

Key Employees

7.14 Each applicant for a key employee license shall file a Multi Jurisdictional Form and a Delaware Supplement to the Multi Jurisdictional Form as prescribed by the Director. These application forms shall, among other things, require the applicant to provide:

7.14.1 Personal background information;

7.14.2 Employment history of the applicant and the applicant's immediate family;

7.14.3 Education and training;

7.14.4 Record of military service;

7.14.5 Government positions and offices now or previously held, and offices, trusteeships, directorships or fiduciary positions now or previously held with any business entity, by the applicant and the applicant's spouse;

7.14.6 Licenses, registrations, permits, certification and other approvals held by or applied for by the applicant or, where specified, the applicant's spouse, in this State or any other jurisdiction;

7.14.7 Any denial, suspension or revocation by a governmental agency of a license, registration, permit or certification held by or applied for the applicant or the applicant's spouse, or any entity in which the applicant or the applicant's spouse was a director, officer, partner or an owner of a five percent or greater interest;

7.14.8 Any interest in or employment now or previously held by the applicant with an entity which has applied for a permit, license, certificate or qualification in connection with any lawful gambling or alcoholic beverage operation in this State or any other jurisdiction; and any current employment or other association by the applicant's family with the gambling or alcoholic beverage industries in this State or any other jurisdiction;

7.14.9 Criminal record history including arrests of the applicant and all immediate family members;

7.14.10 Civil litigation history where the applicant was or is a party;

7.14.11 Gaming regulatory history; and

7.14.12 Financial data of the applicant and the applicant's spouse and dependent children as indicated on the net worth statement and supporting schedules in a format prescribed by the Director.

7.15 Key employee licenses shall be for an initial term of two years. The initial term of a key employee license shall expire and be renewable on the last day of the month on the second anniversary of the issuance date. Key employee license renewals shall be for a term of three years. The renewal term of a key employee license shall expire and be renewable on the last day of the month on the third anniversary of the issuance date.

7.15.1 At a minimum of 60 days before expiration, each employee licensee shall submit a renewal application form for a background investigation.

7.15.2 An employee license shall remain valid pending the disposition of a license renewal application filed in accordance with the timelines set forth herein.

7.16 The licensed badge is the property of the Lottery and shall be returned to the Lottery when the licensee's employment is either terminated involuntarily by the employer or terminated at the request of the employee.

7.17 Any person licensed under these Regulations or any employee who has submitted a license application shall notify the Lottery within 72 hours of any change in his/her criminal history information. This subsequent criminal history information shall be used by the Lottery in making a determination about the person's continued suitability as a licensee or employee of an Internet lottery agent or other licensed entity.

Gaming Employees

7.18 Each applicant for a gaming employee license shall file a Delaware Gaming Employee License application as prescribed by the Director. This application form shall, among other things, require the applicant to provide:

7.18.1 Personal background information;

7.18.2 Employment history of the applicant and the applicant's immediate family;

7.18.3 Education and training;

7.18.4 Record of military service;

7.18.5 Government positions and offices now or previously held, and offices, trusteeships, directorships or fiduciary positions now or previously held with any business entity, by the applicant and the applicant's spouse;

7.18.6 Licenses, registrations, permits, certification and other approvals held by or applied for by the applicant or, where specified, the applicant's spouse, in this State or any other jurisdiction;

7.18.7 Any denial, suspension or revocation by a governmental agency of a license, registration, permit or certification held by or applied for the applicant or the applicant's spouse, or any entity in which the applicant or the applicant's spouse was a director, officer, partner or an owner of a five percent or greater interest;

7.18.8 Any interest in or employment now or previously held by the applicant with an entity which has applied for a permit, license, certificate or qualification in connection with any lawful gambling or alcoholic beverage operation in this State or any other jurisdiction; and any current employment or other association by the applicant's family with the gambling or alcoholic beverage industries in this State or any other jurisdiction;

7.18.9 Criminal record history including arrests of the applicant and all immediate family members;

7.18.10 Civil litigation history where the applicant was or is a party; and

7.18.11 Gaming regulatory history.

7.19 Gaming employee licenses shall be for an initial term of three years. The initial term of a gaming employee license shall expire and be renewable on the last day of the month on the third anniversary of the issuance date. Gaming employee license renewals shall be for a term of four years. The renewal term of a gaming employee license shall expire and be renewable on the last day of the month of the fourth anniversary of the issuance date.

7.19.1 At a minimum of 60 days before expiration, each employee licensee shall submit a new and updated license application form for a background investigation.

7.19.2 An employee license shall remain valid pending the disposition of a license renewal application filed in accordance with the timelines set forth herein.

7.20 The licensed badge is the property of the Lottery and shall be returned to the Lottery when the licensee's employment is either terminated involuntarily by the employer or terminated at the request of the employee.

7.21 Any person licensed under these Regulations or any employee who has submitted a license application shall notify the Lottery within 72 hours of any change in his/her criminal history information. This subsequent criminal history information shall be used by the Lottery in making a determination about the person's continued suitability as a licensee or employee of an Internet lottery agent or other licensed entity.

Service Employees

7.22 Each applicant for a service employee license shall file a Delaware Service Employee application as prescribed by the Director. This application form shall, among other things, require the applicant to provide:

7.22.1 Personal background information;

7.22.2 Employment history of the applicant;

7.22.3 Any denial, suspension or revocation by a governmental agency of a license, registration, permit or certification held by or applied for the applicant or the applicant's spouse;

7.22.4 Criminal record history including arrests of the applicant; and

7.22.5 Gaming regulatory history.

7.23 Service employee licenses shall be for an initial term of five years. The initial term of a service employee license shall expire and be renewable on the last day of the month on the fifth anniversary of the issuance date. Service employee license renewals shall be for a term of six years. The renewal term of a Service employee license shall expire and be renewable on the last day of the sixth anniversary of the issuance date.

7.23.1 At a minimum of 60 days before expiration, each employee licensee shall submit a new and updated license application form for a background investigation.

7.23.2 An employee license shall remain valid pending the disposition of a license renewal application filed in accordance with the timelines set forth herein.

7.24 The licensed badge is the property of the Lottery and shall be returned to the Lottery when the licensee's employment is either terminated involuntarily by the employer or terminated at the request of the employee.

7.25 Any person licensed under these Regulations or any employee who has submitted a license application shall notify the Lottery within 72 hours of any change in his/her criminal history information. This subsequent criminal history information shall be used by the Lottery in making a determination about the person's continued suitability as a licensee or employee of an Internet lottery agent or other licensed entity.

Rehires and Transfers

7.26 A licensee that voluntarily ends his employment or is terminated while in good standing with a former employer may apply for a new key, gaming or service employee license in the following manner:

7.26.1 Applicants will be required to follow the procedures in Regulations 7.1 - 7.28 if twelve months or more have passed since the end of the applicant's former employment.

7.26.2 Applicants will be required to follow the procedures in Regulations 7.1 - 7.28, except for the fingerprinting requirements, if less than 12 months but more than 30 days have passed since the end of the applicant's prior employment.

7.26.3 Applicants will be required to fill out a License Application Update Form including a release of information waiver form and submit to a new background investigation if less than 30 days have passed since the end of the applicant's prior employment.

7.27 Licensees transferring employment from one licensed entity to another licensed entity under these Regulations will be required to fill out a License Application Update Form and submit to a new background investigation including a release of information waiver form.

7.28 The agency shall maintain a register of all individuals who have been licensed as key employees, gaming employees or service employees.

7.29 The register shall be updated monthly as individuals:

7.29.1 Change their personal details;

7.29.2 Receive new licenses;

7.29.2 Surrender licenses.

10 Del. Admin. Code § 206-7.0

17 DE Reg. 317 (9/1/2013) (Final)