11 Va. Admin. Code § 5-60-60

Current through Register Vol. 41, No. 8, December 2, 2024

Section 11VAC5-60-60 - Forfeiture of winnings by self-excluded individual

A. If a sports betting permit holder or casino gaming establishment detects or is notified of the presence of a suspected self-excluded individual who has engaged in or is engaging in gaming activity, the permit holder or casino gaming establishment shall take reasonable measures to verify that the individual is self-excluded and the evidence of the individual's exclusion.

B. Upon verification of the individual's self-excluded status, the sports betting permit holder or casino gaming establishment shall:

1. Immediately prohibit access to the individual's sports betting or casino gaming player's account, prohibit any further gaming activity, return the balance accrued prior to the exclusion request, and seize any winnings that accrue after the exclusion request; and

2. Issue a Payout Receipt and Notice of Forfeiture to the excluded player in person or via electronic or regular mail, containing the following:

a. The total value and a detailed description of winnings that were seized;

b. The date of the incident;

c. The name of the self-excluded individual, if known, and basis for determining the individual is a self-excluded individual;

d. The street and mailing address of the self-excluded individual, if known, at which the individual may be notified regarding any future proceedings;

e. The date of the in-person, internet, or mobile wagering session during which the self-excluded individual was engaged in gaming; and

f. Notice to the self-excluded individual that the department shall be seeking forfeiture of the winnings seized, that the individual has the right to be heard about the forfeiture, and that failure to respond to a forfeiture notice from the department shall be deemed a waiver of the right to be heard.

C. The original Payout Receipt and Notice of Forfeiture prepared and signed as required in subsection B of this section shall be maintained on file by the sports betting permit holder or casino gaming establishment. Copies of the document shall be provided to the self-excluded individual and filed with the department, which filing may be made electronically.

D. All funds identified by a permit holder or casino as subject to forfeiture shall be maintained separately and held by the sports betting permit holder or casino until further order of the department or upon notice from the department that the funds may be released.

E. Pursuant to the self-excluded individual's request submitted under 11VAC5-60-20, any winnings seized from a self-excluded individual shall be subject to forfeiture, following notice to the self-excluded individual and an opportunity to be heard. A failure to respond to a forfeiture notice shall result in the waiver of the right to be heard.

F. The internal control standards of a sports betting permit holder or casino gaming establishment shall contain procedures for processing any winnings seized from a self-excluded individual as if the winnings were paid and reported in accordance with normal procedures applicable to such payouts. Such procedures shall include, however, such modification to forms or additional documentation as necessary to record and report the payout as a payout withheld from a self-excluded individual. This documentation shall be compared by the accounting department of the permit holder or casino at the end of the gaming day to the copy of the Payout Receipt and Notice of Forfeiture. Any winnings withheld from a self-excluded individual that are paid and reported in accordance with the normal procedures applicable to such payouts, as modified in this section, shall be deducted in the calculation of gross revenue as if the winnings were actually paid to the self-excluded individual.

G. The department may initiate forfeiture of a self-excluded individual's winnings by sending notice to the self-excluded individual via personal service or regular mail sent to the address provided by the individual. Notice shall include a description of the winnings subject to forfeiture and the self-excluded individual's right to a hearing.

H. If the self-excluded individual wishes to contest the forfeiture, the individual shall submit a written request for a hearing within 15 days of the date of the notice of the forfeiture. If no response is filed by the self-excluded individual within 15 days of the date of the notice of the forfeiture, the winnings shall be deemed forfeited and transmitted to the Commonwealth's Problem Gambling Treatment and Support Fund. The decision of the department shall be final and may not be appealed.

11 Va. Admin. Code § 5-60-60

Derived from Virginia Register Volume 37, Issue 04, eff. 10/12/2020; Amended, Virginia Register Volume 38, Issue 24, eff. 9/2/2022.

Statutory Authority: §§ 58.1-4007 and 58.1-4015.1 of the Code of Virginia.