Md. Code Regs. 36.10.06.09

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

Section 36.10.06.09 - Temporary Sports Wagering Employee License

A. The Commission may issue to a sports wagering employee license applicant a temporary license to authorize the individual to work legally as a sports wagering employee before the Commission completes the full licensing process.

B. A licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor may submit an application for a temporary license on behalf of an individual who is seeking a principal or wagering employee license.

C. An application for a temporary license shall be in a format designated by the Commission and shall include:

(1) A completed application for a principal or wagering employee license;

(2) Payment of the fees required under Regulation .05F of this chapter;

(3) Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor and that the employer has:

(a) If required under COMAR 36.10.04.03-36.10.04.06, COMAR 36.10.05.02, or COMAR 36.10.06.02-36.10.06.04, obtained a performance bond; and

(b) Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and

(4) Documentation that the applicant has acknowledged, in writing, that the State is not financially responsible for any consequences resulting from termination of a temporary license under State Government Article, § 9-1A-14(d)(4), Annotated Code of Maryland.

D. The Commission may grant a temporary license after:

(1) Receiving all items required under §C(3) of this regulation; and

(2) Performing on the individual a:

(a) Criminal background investigation under COMAR 36.10.02; and

(b) Financial stability investigation.

E. A temporary license:

(1) Expires 180 days after the date of issue; and

(2) May be extended by the Commission for one period of 180 days.

F. A temporary license may not be issued if:

(1) An applicant has an immediately known present or prior activity, criminal record, reputation, habit, or association that would disqualify the applicant from holding a sports wagering employee license under State Government Article, Title 9, Subtitle 1A or Subtitle 1E, Annotated Code of Maryland, or the Commission's regulations;

(2) An applicant poses a serious imminent risk of harm to the integrity, security, or profitability of the State's sports wagering operations; or

(3) There are reasonable grounds to believe that the applicant will not be able to establish the applicant's qualifications by clear and convincing evidence.

G. By written notice to a temporary licensee, Commission staff may terminate, without a hearing and without following the denial process under COMAR 36.10.07, the temporary license of an applicant for:

(1) Failure to pay a required fee;

(2) Failure to submit required documentation to Commission staff within 30 days of submitting the application;

(3) Failure to comply with a request of Commission staff;

(4) Engaging in conduct that obstructs Commission staff from completing the applicant's background investigation; or

(5) Violating any provision of State Government Article, Title 9, Subtitle 1A or Subtitle 9-1E, Annotated Code of Maryland, or the Commission's regulations.

H. Commission staff's written notice of termination of a temporary license is the final action of the Commission.

I. If, during the course of conducting an applicant's background investigation, Commission staff reasonably believes there is a basis for recommending that the application for a sports wagering license be denied, Commission staff shall:

(1) Notify the temporary licensee; and

(2) Follow the process for denial of a license under COMAR 36.10.07.

Md. Code Regs. 36.10.06.09

Regulation .09 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.