ADW%20Self%20Exclusion%20Rules%202026.pdf

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TITLE: Maine Gambling Control Unit Adopts Comprehensive Advance Deposit Wagering Rules BODY: On October 8, 2024, the Maine Gambling Control Unit adopted comprehensive regulations governing advance deposit wagering (ADW) operations in Maine. The rules, filed as 2024-222, establish licensing requirements, operational standards, account management procedures, and responsible wagering protections for all persons conducting ADW within the state. The regulations require all ADW operators to obtain a license from the Maine State Gambling Control Board. The initial application fee is $1,000, with a one-time investigation fee of $2,500. The annual license fee is $500, with renewal fees of $250 annually. Applicants must demonstrate financial resources, maintain contracts with licensed racetracks, and provide detailed plans of operation including responsible wagering programs and account safeguards. Key operational requirements include: maintaining separate restricted accounts with federally insured financial institutions equal to total account wagering monies held by all account holders; submitting monthly reports to the Board on amounts wagered by Maine residents; conducting annual independent security assessments; and retaining complete transaction records for five years. ADW operators must record all wagering conversations and transactions for two years and cannot accept wagers if recording systems are inoperable. The rules establish comprehensive responsible wagering protections, including universal exclusion lists with terms of one, three, five years, or lifetime; account restriction options for wagering amounts, time, deposits, and session duration; and mandatory responsible wagering training for employees. Advertising must include the 1-800 GAMBLER helpline, age disclaimers, and cannot target minors or imply greater winning chances. Account holders must be at least 18 years old and Maine residents. The regulations also address account establishment, deposits, withdrawals, and claims of non-payment, with the Board investigating disputes and requiring operators to pay determined restitution within ten business days.

16 DEPARTMENT OF PUBLIC SAFETY 633 GAMBLING CONTROL BOARD Chapter 28: ADVANCE DEPOSIT WAGERING §1. DEFINITIONS. The following words and terms shall have the following meanings unless the context indicates otherwise: 1. “Abandoned advance deposit wagering account” means an advance deposit wagering account where there has been no activity by the account holder for three (3) years. 2. “Account” means an account for advance deposit wagering with a specific identifiable record of credits, debits, deposits, wagers, and withdrawals established by an account holder and managed by the advance deposit wagering operator. 3. “Account applicant” means a natural person who has submitted an account application to an advance deposit wagering operator. 4. “Account application” means the form or forms approved by the Board for establishment of an account. 5. “Account holder” means a natural person who successfully completed an account application and for whom the advance deposit wagering operator has opened an account. 6. “Advance deposit wagering” has the same meaning as set forth in 8 M.R.S.A. §1001 (1- A) 7. “Advance deposit wagering facility” means the actual location, equipment, and staff of an advance deposit wagering operator involved in the management, servicing and operation of advance deposit wagering. 8. “Advance deposit wagering licensee” means a person licensed by the Board pursuant to Subchapter 7 of 8 M.R.S. Chapter 31 to conduct advance deposit wagering. 9. “Advance deposit wagering operator” means those persons or entities licensed by the Board with the authority to operate as approved by the Board, including, but not limited to, establishing and closing accounts, accepting deposits and wagers, issuing a receipt or other confirmation to the account holder evidencing such deposits and wagers, and transferring credits and debits to and from accounts. 10. “Account wagering provider” has the same meaning as set forth in 8 M.R.S. § 1001 (1- C). 11. “Board” means the Maine State Gambling Control Board created by 8 M.R.S. § 1002, or its designee. 12. “Confidential information” Confidential information includes: A. The amount of money credited to, debited from, withdrawn from, or present in any particular account holder’s account; B. The amount of money wagered by a particular account holder on any race or series of races; C. The account number and secure personal identification code of a particular account holder; D. The identities of particular entries on which the account holder is wagering or has wagered; and E. Unless otherwise authorized by the account holder, the name, address, Social Security number in whole or in part and other information obtained in the opening of an account or otherwise in the possession of the advance deposit wagering operator that would identify the account holder to anyone other than the Board. 13. “Corporation” means a business structure allowed by state statute that is recognized as a separate legal entity distinct from its members. 14. “Credits” means all positive inflow of money to an account. 15. “Debits” means all negative outflow of money from an account. 16. “Deposit” means a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account. 17. “Gross advance deposit wagers” has the same meaning as set forth in 8 M.R.S. § 1001 (20-A) 18. “Limited Liability Company” means a business structure allowed by state statute and having one or more members and a limited liability company agreement. 19. “Natural person” means any person at least eighteen (18) years of age, but does not include a custodian, beneficiary, joint trust corporation or other organization, including any corporation, partnership, limited liability company, trust, or estate. 20. “Net commission” has the same meaning as set forth in 8 M.R.S. § 1001 (29-C). 21. “Partnership” means a relationship between individuals for the achievement of a specific goal. 22. “Person” means an individual or a business organization. 23. “Principal residence address” means the place where the natural person submitting an account application has established a fixed and principal home to which the person, whenever temporarily absent, intends to return. 24. “Proper identification” means a form of personal identification accepted in the normal course of business to establish that the natural person making a transaction is the account holder. 25. “Secure personal identification code” means an alpha-numeric character code chosen by an account holder as a means by which the advance deposit wagering operator may verify a wager or account transaction as authorized by the account holder. 26. “Withdrawal” means a payment of money from an account by the advance deposit wagering operator to the account holder when payment is requested by the account holder. 27. “Withdrawal slip” means a form provided by the advance deposit wagering operator for use by an account holder in withdrawing funds from an account. §2 LICENSING FOR ADVANCE DEPOSIT WAGERING. 1. The board shall exercise authority over the licensing of all persons conducting advance deposit wagering. A person may not conduct advance deposit wagering without a license issued under this section. Persons conducting advance deposit wagering means those persons who are directly conducting advance deposit wagering in Maine, and persons who exercise supervision or control over any Maine-licensed advance deposit wagering operator, the conduct of its business(es) in Maine, or the operator’s employees in Maine. §3 ADVANCE DEPOSIT WAGERING LICENSE. 1. Any person may request a license from the Board to conduct advance deposit wagering in accordance with 8 M.R.S. Chapter 31, and these rules. 2. In order to receive an advance deposit wagering license from the board, an applicant must meet the requirements of 8 M.R.S. § 1073 and the rules adopted by the board. 3. The nonrefundable application fee for an advance deposit wagering license is $1,000. In addition, the board requires an applicant to pay a one- time investigation fee of $2,500.00. If the cost surpasses the initial deposit amount, the applicant shall be invoiced for the actual remaining balance due which shall be paid before issuance of a license. 4. The fee for an advance deposit wagering license is $500. The fee for the annual renewal of an advance deposit wagering license is $250. 5. The initial application fee for an employee license under section 1015 is $250. The renewal fee for one year is $25. The renewal for a three-year employee license is $50. 6. The fee for a criminal history record check is fifty-one dollars $51.00 for employee applications only. §4 ADVANCE DEPOSIT WAGERING LICENSE APPLICATION. 1. An applicant for an advance deposit wagering license must complete an application provided by the Board, which application shall include, at a minimum the following information: A. Legal Name and Addresses - The legal name of the person(s) seeking the license, a full current address and addresses for the prior 15 years; B. Corporation - If the person seeking a license is a corporation: the names and addresses of all directors and officers, the date of incorporation and the place of incorporation; C. Partnership - If the person seeking a license is a partnership: the names and addresses of all partners. If a partner is a corporation, the date of incorporation, the place of incorporation and the names and addresses of all directors and officers; D. Limited Liability Company – If the person seeking a license is a limited liability company, the names and addresses of all members. If a member is a corporation, the date of incorporation, the place of incorporation and the names and addresses of all directors and officers; E. Race Tracks - The names of the race tracks the advance deposit wagering operator has contracts with or will have contracts with at the time the license is issued that allow the applicant to provide wagering on the product; F. Financial Information - Financial information that demonstrates the financial resources to operate advance deposit wagering; G. Purchase a bond to secure the advance deposit wagering accounts under 8 M.R.S. § 1073(4)(A); H. Certificate of authority to transact business in the State of Maine, unless the requirement for authority is subject to a statutory exception; I. A record of previous issuances and denials of or any adverse action taken against a gambling-related license or application under 8 M.R.S. Chapter 31 or in any other jurisdiction. For purposes of this paragraph, "adverse action" includes, but is not limited to, a condition resulting from an administrative, civil or criminal violation, a suspension or revocation of a license or a voluntary surrender of a license to avoid or resolve a civil, criminal or disciplinary action; J. Disclosure by the applicant if it or any account wagering affiliate has accepted a wager from a resident of the State of Maine within the past three (3) calendar years; K. Maine Tracks – A written, notarized statement from each track licensed under 8 M.R.S.§271 that has made races available for simulcast in the 12 months preceding the date of the license application confirming the applicant has an agreement in place to accept wagers on races originating from said track and made available for simulcast for the applicable term of the license; and L. Any and all other information as the Board may require to determine the competence, honesty and suitability of the applicant as required by 8 M.R.S. § 1016 and § 1019. §5 RESPONSIBILITIES OF ADVANCE DEPOSIT WAGERING LICENSEE 1. Prior to licensing the prospective advance deposit wagering licensee must present to the Board a detailed plan of operation. The detailed plan of operation for an advance deposit wagering license must include, but is not limited to, the following information: A. The manner in which the wagering system will operate including any fees associated with the establishment and maintenance of an advance deposit wagering account; B. Programs for responsible wagering; and C. The protections provided to safeguard accounts, including a certification from the advance deposit wagering licensee that account funds will not be commingled with other funds. 2. The Board may require changes in a proposed plan of operations, as a condition of granting a license. No subsequent changes in the system's operation may occur unless ordered by the Board or until approval is obtained from the Board after it receives a written request. 3. An advance deposit wagering licensee shall submit monthly reports to the Board providing amounts wagered by Maine residents, amounts wagered in Maine and other account wagering information as requested by the Board. 4. An advance deposit wagering licensee shall not commingle account funds with other funds. 5. An advance deposit wagering licensee that establishes account wagering shall establish and maintain a separate restricted account with a federally insured financial institution or a federally insured credit union that is authorized to do business in the State of Maine as defined in Maine Revised Statute, Title 9-B or is subject to a statutory exception for being authorized to do business in the state and with an office, registered agent and/or clerk within the state of Maine. 6. The amount placed in the restricted account established in 5.D above shall be an amount equal to or greater than the total account wagering monies held by all account holders including amounts owed for winning wagers which have not yet been settled. The advance deposit wagering licensee shall provide the Board with all data used to calculate the restricted account amount and a bank statement showing the balance in the restricted account. 7. The advance deposit wagering licensee shall calculate and submit to the Board the actual amount of the account balance on the last day of the month of the total account wagering monies held by all account holders including amounts owed for winning wagers which have not yet been settled. The advance deposit wagering licensee shall provide the Board with the report and all data used to calculate the balance within ten (10) business days of the end of the month for which the balance is determined. The advance deposit wagering licensee shall submit to the Board a monthly bank statement by the 15th day of each month for the previous month. 8. All systems used for processing wager transactions will be approved by the Board. 9. Each year, all advance deposit wagering operators shall retain an independent third-party security firm to complete a security assessment. Such assessment shall test the effectiveness of the advance deposit wagering operator’s and operator’s applications’ security controls which are in place in order to determine the overall threat of potential compromise to the advance deposit wagering operator's network and/or applications. Such testing shall include, at a minimum, a vulnerability assessment, a penetration test, and a risk assessment of relevant applications and/or networks. A summary document which identifies any deficiencies shall be submitted to the Board no later than thirty (30) days after the assessment is conducted and shall include the advance deposit wagering operator's plans to remediate any identified deficiencies. 10. An advance deposit wagering licensee shall maintain complete records of each account application and the opening of each account for the life of the account plus two (2) additional years. An advance deposit wagering licensee shall also maintain complete records of the closing of an account for two (2) years after closing. These records shall be provided to the Board upon request. 11. An advance deposit wagering licensee shall maintain complete records of all transactions, including deposits, credits, debits, refunds, withdrawals, fees, wagers, rebates, and earnings for five (5) years. These records shall be provided to the Board upon request. 12. All wagering conversations, transactions, or other wagering communications, verbal or electronic, shall be recorded by means of the appropriate electronic media, and the tapes or other records of the communications shall be kept by the advance deposit wagering licensee for a period of two (2) years. These tapes and other records shall be made available to the Board upon request. 13. An advance deposit wagering licensee shall not accept wagers if the appropriate recording system is not operable. 14. When an advance deposit wagering licensee ceases operating and its license lapses, is surrendered or is revoked, the Board may demand payment of the restricted account. The Board may interplead the funds in court for distribution to the patrons for whose protection and benefit the restricted account was established and to such other persons as the court determines are entitled thereto, or shall take such other steps as are necessary to effect the proper distribution of the funds, or may do both. §6 RESPONSIBLE WAGERING PROGRAM 1. Each advance deposit wagering operator shall propose a responsible wagering program as an element of its license application. An operator shall maintain its plan for as long as the operator accepts contestants in the State of Maine. An operator may propose amendments to its responsible wagering program provided it submits the amendment for approval by the Director at least thirty (30) calendar days before the proposed effective date of any changes to the plan. 2. The responsible wagering program shall include, at a minimum, the following universal exclusion list requirements: A. A clear statement of policy and commitment, training, procedures, and certification of implementation to begin at time of licensure; B. A process for individuals to make a request to be placed on the universal exclusion list on a form(s) approved by the Director, which shall include; (1) Any person may request to be added to the universal exclusion list pursuant to these rules by appearing in person at an office of the State of Maine Gambling Control Unit; or (2) An affiliate office of the Problem Gambling Services Provider of the Maine Center for Disease Control and Prevention; or (3) Links provided by the Gambling Control Unit or advance deposit wagering operator website to the problem gambling service provider for a virtual request to the universal exclusion list. C. A procedure to satisfy and or close prior participation in contests and accounts before being accepted to the universal exclusion list; D. A procedure for preventing or cancelling a wager from a advance deposit wagering operator who is on the universal exclusion list; E. Identify the procedures designed to prevent promotional materials or communications from being directed specifically to individuals who have been added to the universal exclusion list, applied a restriction on their account or who have requested that they not receive such materials or communications; F. A clear and conspicuous display on the operator's website(s), mobile app(s) or advertisements indicating that it is unlawful for a person under eighteen (18) years of age to wager on advance deposit wagering in the State of Maine; G. A plan for providing comprehensive responsible wagering training to employees who may interact with advance deposit wagering operator employees to respond to circumstances in which advance deposit wagering account activity may indicate signs that are consistent with gambling addiction, including annual refresher training; H. Time frames available for placement on the universal exclusion list shall be available for terms of one, three, five years or lifetime. The expiration will occur on the last day of the month of the original request for placement on the universal exclusion list; I. Once a time frame is selected, the person requesting exclusion will serve the entire duration of the exclusion period except, in the case of lifetime exclusion, the person may petition the Board for removal from the self- exclusion list after five years; 3. The Gambling Control Unit will maintain the official universal exclusion list and notify each advance deposit wagering operator of any addition to or deletion from the list by password protected electronic mail or fax and on a monthly basis will provide the entire list. 4. A responsible wagering program shall include, at a minimum, the following restriction requirements: A. A clear statement of policy and commitment, training, procedures, and certification of implementation to begin at time of licensure or within 90 days of the rule adoption of this chapter; B. A process for the advance deposit wagering operator to prevent individuals who have requested restrictions from placing wagers. For each individual who makes such a request, operators shall provide the individual with additional responsible wagering resources; and C. Restrictions shall be offered at a minimum for the following: (1) Amounts wagering; (2) Time from wagering; (3) Deposit amounts; and (4) Session-times. 5. A plan for making responsible wagering information available and legible on the operator's website(s), mobile app(s) or advertisements including publication of the 1- 800 GAMBLER helpline or other publication approved by the board. 6. The height of the font used for responsible wagering messaging must be at least the same size as the majority of the text used in the operator’s webpage or profile page. 7. Information furnished to or obtained by the Director pursuant to this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter or as required by statute. 8. Sports wagering licensees, their employees, or agents thereof, may not disclose the universal exclusion list or any information about a person who has requested to be on the universal exclusion list except as necessary to comply with this chapter or as otherwise required by law. §67 INVESTIGATIONS OR INSPECTIONS. 1. The Board or its designee may conduct investigations and inspections of an advance deposit wagering licensee and request additional information from the person who made an advance deposit wager as it deems appropriate. 2. All of an advance deposit wagering licensee’s records related to operations licensed under 8 M.R.S. Chapter 31 must be open to inspection and audit by the Board or its designee, and a license holder may not refuse the Board or its designee the right to inspect or audit the records. Refusal to permit inspection or audit of the records may constitute grounds for discipline of the advance deposit wagering licensee. 3. An advance deposit wagering licensee shall permit the Board or its designee unrestricted access, during regular business hours, including access to locked or secured areas, to inspect any facility and any equipment, records or items and materials used or to be used in the operation of equipment owned, distributed or operated by the advance deposit wagering licensee. An advance deposit wagering licensee shall consent in writing to the examination of all the advance deposit wagering licensee's books and records related to operations licensed under 8 M.R.S. Chapter 31 and shall authorize all third parties in possession or in control of those books and records to allow the Board to examine such books and records as the Board determines necessary. §78 CLAIMS OF NON-PAYMENT. 1. An account holder, who is claiming that non-payment has occurred, must make a claim of non-payment to the Board. 2. Investigation of Claim - The Board will investigate the claim and provide the advance deposit wagering operator with an opportunity to respond thereto and submit any supporting documents or evidence it needs to defend the claim. 3. Board Determination - If the Board determines that the account holder is entitled to restitution, the advance deposit wagering operator has ten (10) business days to pay the amount determined by the Board. §89 PROMOTION AND ADVERTISING. 1. The Board finds that the State of Maine has a compelling interest in deterring excessive use of alcohol and tobacco products, especially by minors. The Board finds that the State of Maine has a compelling interest in that advance deposit wagering is conducted by persons 18 years of age or older, as evidenced by the provisions in 8 M.R.S. Chapter 31, Subchapter 7 and 8 M.R.S. Chapter 11 that are applicable to persons younger than the age of 18. 2. No advance deposit wagering operator shall allow, conduct, or participate in any false or misleading advertising concerning its wagering operations. 3. All advertising and marketing materials published, aired, displayed, or distributed by or on behalf of any advance deposit wagering operator shall comply with the following: a. Must not directly advertise or promote wagering via mediums that appeal primarily to minors (i.e. children’s television programming, children’s publications, direct advertisements in schools).For the avoidance of doubt, advertisements via mass media and/or social media that incidentally are viewed by minors are not prohibited; b. Shall contain a disclaimer displaying a prominent message providing the 1-800- GAMBLER hotline phone number for assistance or other publication approved by the board; c. Shall contain a disclaimer stating that patrons must be at least eighteen (18)years of age or older to wager; d. Shall not imply greater chances of winning versus other Advance Deposit Wagering Operators; e. Shall not imply greater chances of winning based on wagering in greater quantity or amount; f. All direct marketing shall allow the option to unsubscribe; g. Depictions of the use of alcohol and tobacco are prohibited; and h. Advertising must comply with all applicable Maine and federal laws. 4. A record of the terms and conditions of all promotions made available to Maine residents shall be retained for no less than twenty-four (24) months following the date of such promotion. 5. All Licensees shall be responsible for the content and conduct of any and all advance deposit wagering advertising, marketing, or branding done on its behalf or to its benefit whether conducted by the licensee, an employee, or an affiliate. 6. On receipt of notice from the Board that advertising may be in violation of these rules or other laws of the State of Maine and upon request by the Board or its designee to do so, the advance deposit wagering licensee will suspend, or cause its agent or representative to suspend, the advertising campaign. Suspension of the use of the advertising materials in question will continue pending resolution of the matter, including any proceedings pursuant to 8 M.R.S. Chapter 31, Subchapter 5. §9 10 ESTABLISHING AN ACCOUNT. 1. An account application must be approved the Board and must include at a minimum the following information concerning the account applicant: A. Full legal name; B. Principal residence address; C. Telephone number; D. Social Security number (last four digits, at a minimum); E. Proper State of Maine identification or certification demonstrating that the account applicant is at least eighteen (18) years of age and is a resident of this state; and F. As needed, any other information required by the Board or the advance deposit wagering operator. 2. The advance deposit wagering licensee may utilize a third party approved by the Board to verify the age and address of each account applicant during the application process. 3. The account application must be presented: (i) in person by the account holder to a commercial track, off-track betting facility or electronically through an account wager provider for identity verification, or (ii) electronically through using an identity verification method approved by the Board. §1011 ACCOUNT INFORMATION. 1. Each account application may be subject to verification. 2. Advance deposit wagering accounts are non-transferable and non-assignable. §1112 IDENTIFYING AN ACCOUNT NUMBER. 1. Each account must have a unique identifying account number. The identifying account number may be changed at any time by the advance deposit wagering operator provided the advance deposit wagering operator informs the account holder in writing prior to the change. §1213 SECURE PERSONAL IDENTIFICATION CODE 1. The account applicant must supply the advance deposit wagering operator with an alpha- numeric password, personal identification number (PIN), biometric login or two factor authentication to be used as a secure personal identification code when the account holder is logging into his or her account or using his or her wagering account. The account holder has the right to change this code at any time. §1314 PRINCIPAL RESIDENCE 1. The principal residence address of the account holder will be established by reliance on the information submitted on the account application, certified by the account applicant and verified by the advance deposit wagering operator or provider. §1415 INFORMATION RECEIVED BY ACCOUNT HOLDER 1. Upon approval of an account, the advance deposit wagering licensee must provide the account holder with the following: A. A unique account identification number; B. A copy of the advance deposit wagering rules and such other information and material that is pertinent to the operation of the account; and C. Such other information as the advance deposit wagering operator or Board may deem appropriate. 2. The advance deposit wagering licensee must distribute to account holders, upon request a statement of account activity including starting and ending balances, aggregate number of bets placed, dollar amount of bets won, and dollar amount of bets lost for the previous calendar quarter. §1516 CLOSE OR REFUSE TO OPEN AN ACCOUNT 1. The advance deposit wagering operator may close or refuse to open an account, for what it deems good and sufficient reason, and will order an account closed if it is determined that information that was used to open an account was false, or that the account has been used in violation of these rules. The advance deposit wagering operator must report accounts of State of Maine residents that were closed in the previous month to the Board no later than five (5) days of the end of the current month including the: A. Name of account holder; B. Address of account holder; C. Telephone and/or email contact information, if available; and D. Reason for the closing. §1617 ACCOUNT HOLDER RESPONSIBILITIES 1. The advance deposit wagering operator must require the following as terms of service for holding an account: A. Accounts are for the personal use of the account holder; B. Security - The account holder is responsible for maintaining the secrecy of the account number and the personal identification code; C. Account Losses - Except where the advance deposit wagering operator or its employees or agents act without good faith or fail to exercise ordinary care, the advance deposit wagering operator is not responsible for any loss arising from the use by any other person or persons of an account holder's account; and D. Notification of Account Security Breach – The account holder must immediately notify the advance deposit wagering operator of a breach of the account's security. §17 18OPERATION OF AN ACCOUNT 1. Operator May Refuse Deposits - The advance deposit wagering operator may refuse deposits to an account for what it deems good and sufficient reason. 2. Operator May Suspend or Close Account - The advance deposit wagering operator may suspend or close any account at any time provided that within five (5) business days of closing the account the advance deposit wagering operator returns to the account holder all monies then on deposit by sending it to the principal residence address as listed on the account application or direct deposit. §18 19 CREDITS TO AN ACCOUNT 1. After the initial establishment of an account, credits to an account may be made as follows: A. Deposits - deposits to an account by an account holder must be made in the following forms: (1) Cash given to the advance deposit wagering operator, a commercial track, off- track betting facility, licensed casino or other entity that has been issued a Board license or has otherwise been approved by the Board; (2) Personal or cashier check, or money order given or sent to an advance deposit wagering operator; (3) Charges made to an account holder’s credit card or debit card upon the direct and personal instruction of the account holder. Such instructions may be given by telephone or any electronic device to the advance deposit wagering operator by the account holder if the use of the card has been approved by the advance deposit wagering operator; (4) Transfer by means of an electronic funds transfer from a monetary account controlled by an account holder to his or her account. The account holder is liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account; (5) Transfers to an account by means of the electronic benefits transfer system administered by the Department of Health and Human Services under 22 M.R.S. Chapter 1, Subchapter 1-A are prohibited; and/or (6) Any other method as approved by the Board. B. Credit for Winnings - Credit for winnings from wagers placed with funds in an account and credit for account wagers on entries that are scratched will be posted to the account by the advance deposit wagering operator. C. Accordance with Financial Institution - Checks, money orders and other negotiable instruments will be posted to the credit of the account holder in accordance with financial institution funds availability schedules. §1920 DEBITS TO AN ACCOUNT 1. After the initial establishment of an account, debits to an account may be made as follows: A. Upon receipt by the advance deposit wagering operator of an account wager, the advance deposit wagering operator debits the account in the amount of the wager; or B. The advance deposit wagering operator may debit an account for fees for service or other transaction-related charges by the advance deposit wagering operator. 2. Account Withdrawals - An advance deposit wagering operator may authorize a withdrawal from an account when one (1) of the following exists: A. The account holder of an account appears personally at the advance deposit wagering operator’s location and provides the following: (1) Proper identification; (2) The correct secure personal identification code; and (3) A properly completed and signed withdrawal slip. B. The account holder sends to the advance deposit wagering operator a properly completed and signed withdrawal slip by any means electronic or otherwise. C. Upon receipt of a properly completed and signed withdrawal slip, and if there are sufficient funds in the account to cover the withdrawal, the advance deposit wagering operator must, within five (5) business days of its receipt, send a check or other form of payment in readily available funds to the account holder. The check must be payable to the holder of the account and in the amount of the requested withdrawal. D. If funds are not sufficient to cover the withdrawal, the account holder will be notified in writing and those funds in the account will be withdrawn and sent to the account holder within the five (5) business days. Electronic funds transfers may be used for withdrawals in lieu of a check at the discretion of the account holder and the advance deposit wagering operator, subject to the same conditions described for electronic funds transfer credits. E. In the case of an abandoned advance deposit wagering account, the advance deposit wagering licensee shall send a notice to the account holder at the mailing address listed on the account application requesting that the account holder take steps necessary to close the account or indicate that he or she wishes to keep the account open. If the account holder fails to notify the advance deposit wagering licensee of his or her intentions after sixty (60) calendar days the advance deposit wagering licensee shall close the account and return all monies then on deposit by sending a check payable to the account holder at said mailing address. Any monies returned as undeliverable shall be considered “abandoned property” and will be subject to 33 M.R.S. Chapter 41. The advance deposit wagering license must forward a list of such accounts and balances to the Board. F. In the event an account holder is deceased, funds accrued in the account will be released to the decedent's legal representative upon receipt of a copy of a valid death certificate, tax releases or waivers, probate court authorizations or other documents required by applicable laws. §20 21WAGERS IN EXCESS OF ACCOUNT BALANCE 1. The advance deposit wagering operator will not accept wagers from an account holder in an amount in excess of the account balance. 2. With the exception of credits to an account allowed by §§ 19 and 22of this rule, the advance deposit wagering operator will not extend credit to any account holders. §2122 ACCOUNTS WILL NOT BEAR ANY INTEREST 1. Monies deposited with the advance deposit wagering operator for advance deposit wagering must not bear any interest to the account holder. §2223 PAYMENTS ON WINNING PARI-MUTUEL WAGERS 1. Payments on winning pari-mutuel wagers and credits for account wagers on entries which are scratched must be posted to the credit of the account holder as soon as practicable after the race is declared official. 2. Payments on pari-mutuel wagers are subject to interception per 8 M.R.S. § 300-B. §2324 MAILING ADDRESS 1. The principal residence address, provided in writing by the account holder at the time of account application, is deemed to be the proper address for the purpose of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence. The mailing of checks or other correspondence to the address given by the account holder is at the sole risk of the account holder. §2425 POWERS OF THE GAMBLING CONTROL BOARD TO REVIEW AND AUDIT RECORDS 1. The advance deposit wagering operator must give the Board access to all records and financial information related to operations licensed under 8 M.R.S. Chapter 31 for review and audit. The Board may require that the advance deposit wagering operator annually submit to the Board audited financial statements of the advance deposit wagering system. §2526 CONFIDENTIAL INFORMATION 1. No confidential information related to the placing of any wager or to the operation of the advance deposit wagering operator may be divulged by any employee or agent of the advance deposit wagering operator, except, as required by these rules, to the account holder or the Board, or as otherwise required by state or federal law or regulation or the rules of the Board. §2627 APPLICABLE LAWS, RULES, AND REGULATIONS 1. All advance deposit wagering operators must adhere to all applicable state and federal laws, rules, and regulations. §2728 COLLECTION OF PAYMENTS FROM ADVANCE DEPOSIT WAGERING LICENSEE 1. All fees, fines, charges, taxes, and penalties required by 8 M.R.S. Chapter 31 and rules adopted pursuant to Chapter 31 shall be submitted to the Board or as directed by the Board as they are due. Payment shall be in the form of certified check, cashier’s check or money order made out to the “Treasurer State of Maine/Gambling Control Board.” In lieu of these payment forms, the Board or State of Maine may accept an electronic wire transfer to a designated account. 2. By 5:00 pm on the 10th day of each month the advance deposit wagering licensee shall submit the net commission for the previous month to the Board in one payment for distribution by the Board in accordance with 8 M.R.S. § 1072. §2829 PENALTIES 1. Any person violating any of the provisions of these rules is subject to the penalties provided for in the contract between the Board and the advance deposit wagering licensee. STATUTORY AUTHORITY: 8 M.R.S. § 1073; 8 M.R.S. § 1041(1); 8 M.R.S. § 1003 (3)(J) EFFECTIVE DATE: June 23, 2018 AMENDED: September 14, 2021 – filing 2021-180 September 30, 2024 – filing 2023-P212 October 8, 2024 – filing 2024-222

✓ Scraped:2026-05-27 19:06:55
✓ Created:2026-05-27 19:06:55
✓ By:mschanke@vixio.com (47)