Md. Code Regs. 36.10.08.10

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

Section 36.10.08.10 - Imposition of Sanctions

A. Permissible Sanctions. The Commission may:

(1) Impose a penalty on the licensee not exceeding $5,000 for each day and each violation; and

(2) In addition to any penalty assessed:

(a) Revoke the licensee's license;

(b) Suspend the licensee's license for a period of time;

(c) Reprimand the licensee; or

(d) Impose conditions upon the licensee that must be met within a specified time as to:

(i) Training;

(ii) Staffing;

(iii) Supervision;

(iv) Compliance with internal controls;

(v) Probationary periods; or

(vi) Any other directive to address the violation.

B. Penalty-Required Considerations. To determine the amount of a penalty to impose on a licensee, the Commission shall consider:

(1) The seriousness of the violation;

(2) The harm caused by the violation; and

(3) Whether the person who committed the violation acted in good faith.

C. Sanction-Considerations. To determine the appropriate sanction to impose on a licensee, the Commission may consider the factors in §B of this regulation, and:

(1) Whether a violation was willful;

(2) Whether the licensee had, or should have had, control of the situation;

(3) Whether the violation may have occurred in connection with unclear or insufficient:

(a) Information;

(b) Training;

(c) Communication; or

(d) Requirements;

(4) Any extraordinary circumstances;

(5) Prior disciplinary history with the Commission;

(6) Profit that resulted, or may have resulted, from the violation;

(7) Harm that resulted, or may have resulted, from the violation;

(8) How the violation was detected;

(9) Action taken by the licensee to prevent recurrence of the violation;

(10) Action taken by the Commission to address similar violations; and

(11) Any other information that the Commission finds relevant.

D. Ignorance No Defense. A licensee is presumed to be familiar with applicable statutes and regulations governing the State's Sports Wagering Program, and a claim of ignorance of the statutes and regulations may not be used as a defense to a finding of a violation or to the imposition of a sanction.

E. Imposition of Sanction. A separate sanction may be imposed for each violation.

Md. Code Regs. 36.10.08.10

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