Md. Code Regs. 36.11.02.14

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

Section 36.11.02.14 - License Award Decision

A. The Commission shall review all eligible applicants and notify SWARC by email of the applicants determined to be qualified.

B. SWARC may not award a license to an applicant that has not been found qualified by the Commission.

C. SWARC may not award a license unless it determines and declares in writing that award of the license to the applicant is in the public interest and is consistent with the purposes of State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

D. For each qualified applicant, SWARC shall make a license award determination in writing based on the requirements and criteria set forth in this chapter.

E. Promptly after making an award decision, SWARC shall provide written notification of its decision to the applicant and Commission.

F. If SWARC awards the applicant a license, SWARC's notice of award to the successful applicant shall include notice that:

(1) The Commission shall evaluate and approve the awardee's sports wagering operations before issuing a license to the applicant;

(2) The awardee may begin sports wagering operations only after it has been issued a license to do so by the Commission; and

(3) The awardee may not transfer the award to another person.

G. If SWARC denies an application, SWARC's written notice to the unsuccessful applicant shall include the applicant's right to seek, under State Finance and Procurement Article, Title 15, Annotated Code of Maryland, review by the Maryland State Board of Contract Appeals as provided in State Government Article, § 9-1E-15(n), Annotated Code of Maryland.

H. SWARC shall notify the unsuccessful applicant, in writing, that:

(1) SWARC's decision to deny an application is a final action of SWARC;

(2) The decision may be appealed to the Maryland State Board of Contract Appeals in accordance with COMAR 21.10.07.02;

(3) If appealed, the written notice of appeal to the Maryland State Board of Contract Appeals shall be filed within 10 days from the date the unsuccessful applicant receives SWARC's written decision; and

(4) The written notice of appeal to the Appeals Board may be filed:

(a) Pursuant to COMAR 21.10.05.01B at http://www.dsd.state.md.us/comar/comarhtml/21/21.10.05.01.htm; or

(b) By mail, to The Maryland State Board of Contract Appeals, 6 St. Paul Street, Suite 601, Baltimore, Maryland 21202.

I. Nothing in this subtitle may be construed to require SWARC to award any or all sports wagering licenses authorized under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

J. If SWARC does not award all available licenses, SWARC may, in its sole discretion, offer unawarded, available licenses through a subsequent competitive process as outlined in the sports wagering law.

Md. Code Regs. 36.11.02.14

Regulation .14 adopted effective 49:23 Md. R. 998, eff. 11/14/2022