Consideration of Sports Gaming Rules for Initial Approval.pdf

SUMMARY OF PROPOSED RULES FOR FILING The rules presented here are being reviewed pursuant to the state’s rule-review requirement in R.C. 106.03 and are the rules contained in Ohio Adm.Code Chapters 3772-1, 3772-2, 3772-4, 3772-7, 3772-9, 3772-21, 3772-22, and 3772-23. The rules are being submitted as “no change” rules and do not have any amendments. The summaries of the rules for consideration are detailed below. • 3772-1-02 Authority and purpose (No Change). This rule amplifies the Commission's statutory authority to adopt rules under Chapter 3772 of the Revised Code for the purpose of ensuring the integrity of casino gaming. • 3772-1-04 Waiver and variances (No Change). This rule specifies the process through which a requestor, including an applicant whose license has been denied or revoked, may seek a waiver from or variance to the provisions of rules adopted by the Commission. • 3772-1-05 Construction (No Change). This rule provides how the Commission's rules should be construed, following principles of statutory construction and that ambiguities should be resolved in favor of what would best protect the integrity of casino gaming. The rule also contains a severability provision. • 3772-1-06 Minimum license requirements (No Change). The rule presently provides that the Commission shall issue a license, if the applicant has met all conditions imposed by the Revised and Administrative Codes. The rule also specifies that no minimum education or experiential requirement for licensure exists. Finally, the rule provides that the Commission will track, prioritize, and expedite licensure for service members, veterans, or spouses or surviving spouses of service members. • 3772-1-07 Records retention requirements (No Change). This rule requires those casino gaming entities regulated by the Commission to keep records related to their operation for five years from their date of creation. The rule also requires these entities to organize these records and to produce them to the Commission, upon request. • 3772-2-01 Organization (No Change). This rule reaffirms how the Ohio Casino Control Commission is structured and operates and how commissioners and the executive director are appointed. SUMMARY OF PROPOSED RULES FOR FILING • 3772-2-02 Commission procedure (No Change). The rule specifies that the Commission shall follow its own internal rules of procedure unless the Revised Code specifies otherwise. In the absence of specified Commission procedures, Robert's Rules of Order Newly Revised apply. • 3772-2-03 Commission meetings (No Change). This rule sets out general provisions for Commission meetings, including the number of Commissioners needed for a quorum, the number of votes needed for Commission action, and that records shall be kept of Commission proceedings. • 3772-2-04 Requests to address the commission (No Change). This rule sets out the procedure by which any person can request to address the Commission. The rule requires a written request submitted at least five business days prior to a Commission meeting and that certain documents and requests for time be submitted three days in advance. The rule vests decision-making authority on this point to the executive director and allows the executive director to waive these time requirements. Lastly, it allows the chairperson to impose procedural and subject matter restrictions. • 3772-2-05 Delegation of commission authority (No Change). This rule sets out the parameters for delegation of Commission authority to staff. The Commission can delegate any of its functions, through formal action, but the Commission retains authority to review determinations made by staff. • 3772-2-06 Subpoena power (No Change). This rule amplifies the Commission's power to require testimony under oath and to issue subpoenas in the discharge of its duties under the Revised Code. If a person refuses to comply with a subpoena or testify, it allows the Commission to discipline the person or petition a county prosecutor for a contempt action. • 3772-2-07 Ethics and code of conduct (No Change). This rule requires the Commission to adopt and adhere to a code of ethics, as well as to adhere to certain ethical provisions in the Revised Code. • 3772-2-08 Definitions (No Change). This rule provides definitions for Ohio Adm.Code 3772-2-08 through 3772-2-12, which were adopted pursuant to section (B) of R.C. 1347.15, which requires state agencies to create rules that control who can access confidential personal information and how that information is protected and tracked. • 3772-2-09 Procedures for accessing confidential personal information (No Change). This rule states that access to systems containing confidential personal information is on a need-to-know basis. The rule also details how the Commission will handle notifying an individual of improper access and requires that the Commission appoint a data privacy point of contact to ensure adherence with confidential personal information provisions. • 3772-2-10 Valid reasons for accessing confidential personal information (No Change). This rule prescribes the reasons for which a Commission employee may access confidential 2 SUMMARY OF PROPOSED RULES FOR FILING personal information. Broadly, an employee can access such information for the purpose of fulfilling their authorized job duties. • 3772-2-11 Confidentiality statutes (No Change). The rule provides a list of confidentiality statutes applicable to personal information maintained by the Commission. • 3772-2-12 Restricting and logging access to confidential personal information in computerized personal information systems (No Change). This rule prescribes the manner in which the Commission must limit access to computer systems containing confidential personal information. The crux of this limitation is requiring a password to access such information and a log of when such information is accessed. • 3772-4-01 Instructions for the casino operator, management company, and holding company license application (No Change). The purpose of this rule is to provide clear instructions and expectations to operators, management companies, and holding companies for how to complete and file an application. • 3772-4-03 Application fees (No Change). This rule prescribes the fees related to applying for a casino gaming operator, management company, or holding company license. • 3772-4-04 License fees (No Change). This rule sets the fees a casino gaming, management company, or holding company licensee must pay upon licensure. The fees are based upon whether the license is new or a renewal. • 3772-4-06 Duty to update information (No Change). This rule requires casino operators, management companies, and holding companies to update the Commission within ten days with information that has changed since the time of application that would affect the entity’s suitability for licensure. • 3772-7-01 Insurance (No Change). This rule requires casino operators, management companies, holding companies, and gaming-related vendors to obtain and maintain liability, casualty, and any other type of insurance the Commission deems necessary. • 3772-9-01 Definitions (No Change). This rule defines the terms “electronic gaming equipment” and “redemption kiosk” for purposes of the rules governing gaming supplies, devices, and equipment. • 3772-9-02 Approval for use in a casino facility (No Change). This rule requires electronic gaming equipment to be approved in the Commission’s database or by the Executive Director before being used. It requires any equipment that accepts wagers to be connected to an online monitoring system. Lastly, it specifies the verification requirements equipment must meet. • 3772-9-03 Evaluation by a certified independent testing laboratory (No Change). This rule allows the executive director to require electronic gaming equipment to be tested, or retested, by a certified independent lab at the gaming-related vendor’s expense, and 3 SUMMARY OF PROPOSED RULES FOR FILING prohibits the equipment’s inclusion in the commission’s database until the director approves the lab’s results. • 3772-9-08 Movement of electronic gaming equipment within a casino facility (No Change). This rule requires casino operators to maintain a log of all movements, installation, and removal of electronic gaming equipment. • 3772-21-01 Adjudication proceedings (No Change). This rule provides that commission adjudication proceedings follow Chapters 119 and 3772 of the Revised Code, are initiated by a notice of opportunity for hearing, and are conducted under defined procedures governing attorney representation, the authority of the hearing examiner, limits on ex parte communication, continuances, subpoenas, and witness examination under oath. • 3772-22-01 Disciplinary actions (No Change). This rule permits the Commission to discipline any licensee or applicant for specific reasons. The rule further provides that the Commission may impose any discipline set forth in R.C. Chapter 3772 and lists the criteria that the Commission may take into effect in considering punishment. • 3772-23-01 Involuntary exclusion list (No Change). This rule contains requirements regarding the “involuntary exclusion list,” which identifies individuals whom the Commission has banned from casino facilities and sports gaming for posing a threat to gaming or persons involved in gaming. It includes explicit statements both that individuals on the list cannot enter casino facilities and that operators must exclude individuals on the list from entering their facility. It also requires that operators notify the Commission’s gaming agents should a person on the list be discovered on site. 4