Md. Code Regs. 36.10.02.12

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

Section 36.10.02.12 - Alternative Licensing Standards

A. General.

(1) The Commission may establish an abbreviated process for licensing an applicant who holds a valid license in another state if the Commission determines that the licensing standards of the issuing agency in the other state:

(a) Are comprehensive;

(b) Are thorough; and

(c) Provide similar safeguards to those in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

(2) The Commission may not waive a requirement that:

(a) Relates to minority business enterprise participation goals and procedures established under State Government Article, § 9-1E-07, Annotated Code of Maryland; or

(b) Is a requirement of SWARC under State Government Article, § 9-1E-15, Annotated Code of Maryland, or regulations promulgated by the SWARC.

(3) If the Commission has established an abbreviated process for licensing, the Commission may:

(a) Waive some or all of the requirements in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland; and

(b) Issue a license to a person having a similar license from a jurisdiction described in §A(1) of this regulation.

(4) The Commission may delegate its authority to decide whether to apply an alternative licensing standard to staff.

B. Process.

(1) An applicant or licensee requesting the use of an alternative licensing requirement shall submit a written request in a format specified by the Commission and that complies with the process established by the Commission under §A of this regulation.

(2) A written request shall contain at least the following:

(a) The state in which the applicant holds a valid sports wagering or related license;

(b) An explanation of the unique circumstances justifying the request; and

(c) Any other information requested by staff or the Commission.

(3) Upon receipt of a request that fails to comply with §B(1) and (2) of this regulation, staff shall notify the requestor:

(a) Of any deficiency; and

(b) That the waiver request will not be considered unless the identified deficiency is corrected.

C. Decision.

(1) Upon receipt of a request that complies with §B of this regulation, staff shall:

(a) Present the request to the Commission as soon as practicable; or

(b) If the Commission has delegated to staff the authority to decide the request, decide the request as soon as practicable.

(2) After the Commission or staff decides whether to grant the request, staff shall notify the requestor.

(3) The decision of the Commission or staff regarding an alternative licensing requirement is final and not appealable.

Md. Code Regs. 36.10.02.12

Amended effective 49:1 Md. R.16, eff. 1/13/2022