Ill. Admin. Code tit. 11 § 1900.620

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1900.620 - Initial Competitive Selection

a) The application period for the initial competitive selection pursuant to Section 25-45 of the Act shall commence upon the Administrator posting public notice of the application on the Board website, along with the Online Master Sports Wagering License Application and Bid Summary Form.

b) The Administrator shall post the notice and forms no later than 420 days after the first license of any kind is issued under the Act.

c) The application period shall last for 120 days after the notice and forms are posted.

d) No bid shall be accepted after the close of the application period.

e) Incomplete Bids

1) If the Administrator determines a bid or application is incomplete, the Administrator shall notify the applicant in writing. The notice shall identify any deficiencies in the bid submission.

2) The applicant may supplement its bid submission to remedy any deficiencies. The supplement must be received no later than 30 days after notice is given to the applicant of the deficiencies.

3) If the Administrator determines the bid submission is still incomplete because the applicant failed to supplement its bid submission, or because the supplement did not remedy all deficiencies, the applicant shall be disqualified.

f) Until opened in a public forum pursuant to Section 25-45(e) of the Act, the identity of applicants and contents of bids shall be confidential and not subject to disclosure under FOIA Section 7(1)(a).

g) Applicants and key persons shall submit fingerprints on forms prescribed by the Board no later than 30 days after the close of the application period.

1) An applicant may request an extension of up to 30 days that may be granted by the Administrator for good cause shown.

2) An applicant that fails to timely submit all required fingerprints shall be deemed not a qualified applicant.

h) The Administrator shall review the criminal history of all key persons and applicants not otherwise disqualified and determine whether the applicant meets the minimum qualifications under Section 25-45(d) of the Act and Section 1900.520(b).

1) Any applicant that fails to meet the minimum qualifications shall be deemed not a qualified applicant and disqualified.

2) Any applicant that meets the minimum qualifications of Section 25-45(d) of the Act and Section 1900.520(b) shall be deemed a qualified applicant.

i) The Administrator shall notify an applicant in writing when it is either deemed qualified or disqualified.

j) After every applicant that submitted a bid during the application period has been either disqualified or deemed qualified by the Administrator, the qualified applicants' bids shall be opened in a public forum after no less than 48 hours public notice.

k) At the time of opening, the Administrator shall disclose:

1) The identity of all qualified applicants;

2) The identity of all disqualified applicants;

3) The 5.1 Disclosure of Records statements of all applicants (see Section 1900.610(b)(5)); and

4) The Bid Summary Form of all applicants.

l) No more than 90 days after the publication of the qualified applicants, the Board shall identify three winning bidders. In determining the winning bidders, the Board shall consider the all of following factors:

1) The character, reputation, experience and financial integrity of the applicant, its key persons, and any other person that directly or indirectly controls or is controlled by the applicant or a key person or affiliate of the applicant;

2) The highest prospective total revenue to be derived by the State from the conduct of sports wagering;

3) The extent to which the ownership of the applicant reflects the diversity of the State by including minority persons, women, persons with a disability, and veterans of service in the armed forces of the United States;

4) The good faith affirmative action plan of each applicant to recruit, train and upgrade minority persons, women, persons with a disability, and veterans of service in the armed forces of the United States in all employment classifications;

5) Whether the applicant has adequate capitalization to establish and maintain a sports wagering operation for the duration of a license;

6) The amount of the applicant's license bid;

7) Any factor listed in Section 1900.510; and

8) Any other factor relevant to security and integrity of the Illinois sports wagering industry.

m) After selecting winning bidders, the Board shall conduct an investigation of the applicant to determine whether the applicant is suitable for licensure under the Act and this Part.

n) Pursuant to Section 25-45(g) of the Act, at any point after selecting the winning bidders and before the issuance of a license pursuant to this Subpart F, the Board may make a finding that a winning bidder is not suitable for licensure for any reason under Section 1900.510, and that applicant shall be disqualified. The Board shall select another winning bidder from any remaining qualified applicants.

o) Disqualified applicants under this Subpart F are not entitled to administrative hearings on disqualification.

p) If the Board finds a winning bidder suitable for licensing, it shall direct the Administrator to issue the applicant a license upon payment of the applicant's license fee.

Ill. Admin. Code tit. 11, § 1900.620

Added at 44 Ill. Reg. 10581, effective 6/4/2020.