Md. Code Regs. 36.10.11.04

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

Section 36.10.11.04 - Mandatory Exclusion List

A. The Commission shall establish a mandatory exclusion list for the Sports Wagering Program.

B. The Director may place on the mandatory exclusion list an individual who:

(1) Is a career offender as defined in State Government Article, § 9-1A-01, Annotated Code of Maryland;

(2) Has been convicted of a criminal offense under the laws of the United States or any jurisdiction within the United States that is a criminal offense involving moral turpitude or a gambling or sports wagering offense;

(3) Would adversely affect the interests of the State, the licensee, or the individual if that individual were to participate in sports wagering;

(4) Is the subject of any administrative or judicial order directing the individual to cease participating in sports wagering;

(5) Presents a threat to the safety of any individual on the premises of a wagering facility;

(6) Engages in, or has a documented history of engaging in, disruption of sports wagering;

(7) The sports wagering licensee has a reasonable belief has cheated, or attempted to cheat; or

(8) Engages in any conduct that may adversely affect public confidence in, or perception of, the State's Sports Wagering Program.

C. In evaluating whether to place an individual on the mandatory exclusion list, the Director may consider monetary amounts and circumstances, including:

(1) The nature of the incident;

(2) Whether the individual was a sports wagering employee at the time of the incident;

(3) If the individual was a sports wagering employee while the individual engaged in conduct described in §B of this regulation;

(4) Whether the incident directly impacts:

(a) Sports wagering operations;

(b) A bettor; or

(c) A licensee;

(5) The amount or type of loss to:

(a) The sports wagering licensee;

(b) Sports wagering operations;

(c) A bettor; or

(d) A licensee;

(6) Whether the individual made restitution;

(7) Whether the individual was involved in a prior incident that meets the criteria of §B of this regulation;

(8) Whether a sports wagering licensee has other information the Director finds relevant; and

(9) Any other information the Director finds relevant.

D. The Commission's entry of an individual on the mandatory exclusion list shall include sufficient information to identify the excluded individual.

E. The information used to identify an excluded individual may include:

(1) The individual's:

(a) Name and any nickname or alias;

(b) Residential address;

(c) Telephone numbers;

(d) Gender;

(e) Physical description, including any birthmarks, scars, or tattoos;

(f) Race or ethnic origin;

(g) For non-United States citizens, country of origin;

(h) Photograph;

(2) Date of placement on the mandatory exclusion list;

(3) Brief statement of the basis for placing the individual on the mandatory exclusion list; and

(4) Any other information the Commission requires.

F. The mandatory exclusion list and related records are public records under General Provisions Article, § 4-101, Annotated Code of Maryland.

Md. Code Regs. 36.10.11.04

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