Md. Code Regs. 36.10.03.04

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

Section 36.10.03.04 - Ongoing Requirements and Continuing Obligations for All Licensees

A. The requirements in this regulation pertain to all licensees, the failure to comply with any of these requirements may subject the licensee to enforcement action under COMAR 36.10.08.

B. Throughout the license term and any renewal, a licensee:

(1) Remains under a continuing obligation to conform to all of the information contained in their license application; and

(2) Shall comply with all applicable requirements in State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, and the Commission's regulations.

C. A licensee shall:

(1) Comply with all State and federal data security laws; and

(2) Maintain all sports wagering data securely for at least 5 years from the date of the wager.

D. A licensee may not:

(1) Share any personally identifiable information with any third parties without permission, except as needed to operate sports wagering and administer the licensee's obligations under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland;

(2) Knowingly target advertising to individuals who are prohibited from participating in sports wagering and other at risk individuals; or

(3) Engage in false or deceptive advertising.

E. A sports wagering licensee may not assign, delegate, subcontract, or transfer to another person its duties or responsibilities as a licensee without the prior approval of the Commission, except:

(1) To a related entity; or

(2) Pursuant to a transfer of its interest approved in advance by the Commission under §F of this regulation.

F. Other than an individual, a sports wagering licensee may sell or transfer an interest in the ownership of the license, if:

(1) Before the proposed sale or transfer, the licensee submits to the Commission notification of the proposed sale or transfer; and

(2) The Commission determines that the proposed sale or transfer of an interest is consistent, and complies, with State Government Article, §§ 9-1A-18 and 9-1A-19, Annotated Code of Maryland.

G. License Forfeiture.

(1) A license is forfeited when:

(a) The licensee ceases operations prior to the renewal of their license; and

(b) The licensee is unable to transfer the license in accordance with §F of this regulation.

(2) A sports wagering license that has been forfeited may be reissued by the Commission using the criteria established in this subtitle.

Md. Code Regs. 36.10.03.04

Regulation .04 amended effective 49:1 Md. R.16, eff. 1/13/2022; amended effective 50:26 Md. R. 1130, effective 12/12/2023, exp. 6/9/2024 (Emergency); amended effective 51:10 Md. R. 529, eff. 5/27/2024.