Md. Code Regs. 36.03.07.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.03.07.04 - Inclusion on Mandatory Exclusion List

A. Upon receipt of information that reasonably indicates an individual meets any criteria under Regulation .03B of this chapter, and after making any considerations described in Regulation .03 of this chapter, the Director shall:

(1) Evaluate the information;

(2) Ensure that the information required under Regulation .03E of this chapter sufficiently identifies the individual; and

(3) Decide whether to place the individual on the mandatory exclusion list.

B. Prior to placing an individual on the mandatory exclusion list, the Director or the Director's designee may provide a video lottery facility with:

(1) Information used to identify an individual who may be excluded;

(2) The factual basis for placing an individual on the mandatory exclusion list; and

(3) An opportunity to provide the Director with information identified in Regulation .03 of this chapter.

C. If the Director decides to place an individual on the mandatory exclusion list, staff shall deliver to the individual by U.S. mail a written notice explaining:

(1) The factual basis for placing the individual on the mandatory exclusion list;

(2) The availability of a reconsideration meeting with the Director or the Director's designee;

(3) The requirements for submitting a request for a reconsideration meeting;

(4) If a timely request for a reconsideration meeting is not submitted, the individual's name shall be placed on a mandatory exclusion list and the name will be distributed to all facility operators in the State and be publicly available; and

(5) That the excluded individual shall be:

(a) Prohibited from entering any video lottery facility, and from playing any video lottery terminal or table game, in the State;

(b) Subject to criminal charges for trespassing or any other appropriate criminal charge; and

(c) Required to:

(i) Redeem or liquidate an unredeemed item with monetary value that the individual has received since being placed on the mandatory exclusion list; and

(ii) Surrender to the Problem Gambling Fund established under State Government Article, § 9-1A-33, Annotated Code of Maryland, any unredeemed items and prizes in the possession of the individual or received by the individual at a video lottery facility after placement on the mandatory exclusion list.

D. Reconsideration Meeting.

(1) An individual may submit to the Director a written request for a reconsideration meeting within 15 days of the date of the individual's receipt of the notice described in §C of this regulation.

(2) If an individual fails to timely submit a request under §D(1) of this regulation, the individual shall be placed on the mandatory exclusion list.

(3) A reconsideration meeting may be held by the Director or the Director's designee;

(4) During a reconsideration meeting, an individual may:

(a) Be represented by counsel; and

(b) Present evidence as to why the individual does not meet the criteria under Regulation .03B of this chapter.

(5) The Director or the Director's designee shall deliver to the individual by U.S. mail a written notice of the decision following the reconsideration meeting.

(6) An individual dissatisfied with the result of a reconsideration meeting may submit a written request to the Commission for an appeal hearing.

(7) The request for an appeal hearing shall:

(a) Be submitted within 15 days of the date of the individual's receipt of the written notice of the decision following the reconsideration meeting; and

(b) Describe the individual's legal and factual bases for disagreeing with placement on the mandatory exclusion list.

(8) If an individual fails to timely submit a written request for an appeal hearing under §D(7) of this regulation, the individual shall be placed on the mandatory exclusion list.

(9) Upon receipt of a timely written request for an appeal hearing, the Director or the Director's designee shall provide the individual with a notice for the appeal hearing.

E. Appeal Hearing.

(1) If after an appeal hearing the Commission decides that the excluded individual does not meet any criteria under Regulation .03B of this chapter, the individual's name may not be placed on the mandatory exclusion list.

(2) If after an appeal hearing the Commission decides that the excluded individual meets any criteria under Regulation .03B of this chapter:

(a) The individual's name shall remain on the mandatory exclusion list;

(b) The Commission shall notify all facility operators in the State of the individual's addition to the mandatory exclusion list;

(c) The individual may seek judicial review of the Commission's decision; and

(d) The individual may request to be removed from the mandatory exclusion list only as provided in Regulation .05 of this chapter.

Md. Code Regs. 36.03.07.04

Regulations .04 adopted as an emergency provision effective (40:6 Md. R. 470), eff.3/1/2013 ; emergency action expired effective July 20, 2013
Regulations .04 adopted effective 40:16 Md. R. 1347, eff.8/19/2013 ; amended effective 45:4 Md. R. 208, eff. 2/26/2018; amended effective 45:21 Md. R. 973, eff. 10/22/2018