BIA_NC_Casino_FYR_2026.pdf

Business Impact Analysis Agency, Board, or Commission Name: Casino Control Commission Rule Contact Name and Contact Information: Yosef Schiff, yosef.schiff@casinocontrol.ohio.gov Regulation/Package Title (a general description of the rules’ substantive content): Casino Gaming Rules Five-Year Review 2026 (No-Change) Rule Number(s): 3772-1-04, 3772-1-07, 3772-2-04, 3772-2-06, 3772-4-01, 3772-4-03, 3772-4-04, 3772-4-06, 3772-9-01, 3772-9-02, 3772-9-03, 3772-9-08, 3772-22-01, 3772-23-01 Date of Submission for CSI Review: 7/13/2026 Public Comment Period End Date: 7/27/2026 Rule Type/Number of Rules: New/___ rules No Change/__14__ rules (FYR? _Y__) Amended/____ rules (FYR? ___) Rescinded/____ rules (FYR? ___) The Common Sense Initiative is established in R.C. 107.61 to eliminate excessive and duplicative rules and regulations that stand in the way of job creation. Under the Common Sense Initiative, agencies must balance the critical objectives of regulations that have an adverse impact on business with the costs of compliance by the regulated parties. Agencies should promote transparency, responsiveness, predictability, and flexibility while developing 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov regulations that are fair and easy to follow. Agencies should prioritize compliance over punishment, and to that end, should utilize plain language in the development of regulations. Reason for Submission 1. R.C. 106.03 and 106.031 require agencies, when reviewing a rule, to determine whether the rule has an adverse impact on businesses as defined by R.C. 107.52. If the agency determines that it does, it must complete a business impact analysis and submit the rule for CSI review. Which adverse impact(s) to businesses has the agency determined the rule(s) create? The rule(s): a. ☒ Requires a license, permit, or any other prior authorization to engage in or operate a line of business. b. ☒ Imposes a criminal penalty, a civil penalty, or another sanction, or creates a cause of action for failure to comply with its terms. c. ☒ Requires specific expenditures or the report of information as a condition of compliance. d. ☒ Is likely to directly reduce the revenue or increase the expenses of the lines of business to which it will apply or applies. Regulatory Intent 2. Please briefly describe the draft regulation in plain language. Please include the key provisions of the regulation as well as any proposed amendments. 3772-1-04 Waivers and Variances. This rule specifies the process through which a requestor may seek a waiver from or variance to the provisions of rules adopted by the Commission. The purpose of this rule is to allow the Commission to regulate flexibly, based on what is in the best interest of the public. The rule allows the Commission to exercise full discretion in granting Waivers and Variances and the Commission can impose conditions and restrictions on the receiving party. 3772-1-07 Records Retention Requirements. 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. The purpose of this rule is to allow for a consistent expectation from the regulated community and the public in investigating past occurrences, while maintaining the orderly operation of casino gaming. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 2 - 3772-2-04 Requests to Address the Commission. 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 Executive Director has the power to approve the request. 3772-2-06 Subpoena Power. 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. The rule’s purpose is to clearly spell out the rules surrounding these compliance mechanisms for both stakeholders and the public. 3772-4-01 Instructions for the Casino Operator, Management Company, and Holding Company License Application. This rule provides detailed instructions, terms, and conditions for these entities to follow to complete an application. 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. The rule prescribes the fees related to applying for a casino gaming operator, management company, or holding company license, amplifying R.C. 3772.15 and 3772.17. These fees are based on the status of an applicant: new or initial versus renewal, and the fees may be increased, if necessary, to cover the costs of the investigation. The purpose of this rule is to effectuate R.C. 3772.15 and 3772.17 and to ensure the Commission’s regulatory costs are covered. 3772-4-04 License Fees. This rule sets the fees a casino gaming, management company, or holding company licensee must pay upon licensure. The fees are based upon the status of the applicant: initial versus new or renewal. The purpose of this rule is to effectuate R.C. 3772.15 and 3772.17 and to ensure the Commission’s regulatory costs are covered. 3772-4-06 Duty to Update Information. This rule requires casino operators, management companies, and holding companies to update the Commission on information that has changed from the time of application that would affect the entity’s suitability for licensure. The purpose of this rule is to ensure that the Commission is aware of all circumstances that may affect an entity’s suitability for continued licensure. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 3 - 3772-9-01 Definitions. This rule contains definitions of “electronic gaming equipment” (EGE) and “redemption kiosk.” The purpose of this rule is to provide clear and consistent definitions of common phrases regarding EGE, which creates a more streamlined and easy-to-use Administrative Code. Additionally, the rules in Ohio Adm.Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. 3772-9-02 Approval for Use in a Casino Facility. This rule governs how EGE may be approved for use in a casino facility. The purpose of this rule is to ensure all EGE in a casino is compliant with and meets the requisite standards. Additionally, the rules in Ohio Adm. Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. 3772-9-03 Evaluation by a Certified Independent Testing Laboratory. This rule requires all gaming-related devices, software, hardware, and technology to be tested by a casino-gaming certified independent testing laboratory before they are included in the Commission’s database of approved equipment. The rule further specifies that the equipment will not be included in the database unless the lab concludes that the equipment is compliant with R.C. Chapter 3772 and the administrative rules adopted thereunder. The purpose of this rule is to ensure that all EGE in a casino is compliant with and meets the requisite standards. Additionally, the rules in Ohio Adm. Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. 3772-9-08 Movement of Electronic Gaming Equipment Within a Casino Facility. This rule requires casino operators to maintain a log of all EGE movements. The purpose of this rule is to ensure the Commission can track all EGE, allowing for EGE to be appropriately identified, investigated, and audited. Additionally, the rules in Ohio Adm. Code Chapter 3772-9 are all meant to fulfill statutory requirements in R.C. 3772.03, 3772.20, and 3772.31. 3772-22-01 Disciplinary Actions. This rule permits the Commission to discipline any licensee or applicant for specific actions. 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. The purpose of the rule is to permit the Commission to effectively regulate the integrity of casino gaming by ensuring that those who violate R.C. Chapter 3772 or the rules adopted thereunder are held accountable. Additionally, this rule is required by R.C. 3772.03(D)(23). 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 4 - 3772-23-01 Involuntary Exclusion List. This rule includes provisions describing the involuntary exclusion list, 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, and requiring that operators notify the Commission’s gaming agents should a person on the list be discovered on site. The purpose of this rule is to refine involuntary exclusion list requirements not covered elsewhere in the Revised Code. Additionally, this rule is required by R.C. 3772.031. 3. Please list the Ohio statute(s) that authorize the agency, board or commission to adopt the rule(s) and the statute(s) that amplify that authority. 3772-1-04 Waivers and Variances Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.033, 3772.04 3772-1-07 Records Retention Requirements Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.05, 3772.051, 3772.16, 3772.18 3772-2-04 Requests to Address the Commission Authorized By: 3772.03, 3772.033 Amplifies: 3772.02, 3772.06 3772-2-06 Subpoena Power Authorized By: 3772.03, 3772.033 Amplifies: 119.09, 3772.03, 3772.033, 3772.04, 3772.05, 3772.051 3772-4-01 Instructions for the Casino Operator, Management Company, and Holding Company License Application Authorized By: 3772.03, 3772.033, 3772.11 Amplifies: 149.43, 3772.07, 3772.09, 3772.10, 3772.11, 3772.111, 3772.15, 3772.16, 3772.18 3772-4-03 Application Fees Authorized By: 3772.03, 3772.033, 3772.15 Amplifies: 3772.03, 3772.15, 3772.17 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 5 - 3772-4-04 License Fees Authorized By: 3772.03 Amplifies: 3772.03, 3772.15, 3772.17 3772-4-06 Duty to Update Information Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.10 3772-9-01 Definitions Authorized By: 3772.03, 3772.033 Amplifies: 3772.01, 3772.03, 3772.20, 3772.31 3772-9-02 Approval for Use in a Casino Facility Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.20, 3772.31 3772-9-03 Evaluation by a Certified Independent Testing Laboratory Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.20, 3772.31 3772-9-08 Movement of Electronic Gaming Equipment Within a Casino Facility Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.20, 3772.31 3772-22-01 Disciplinary Actions Authorized By: 3772.03, 3772.033 Amplifies: 3772.03, 3772.033, 3772.04 3772-23-01 Involuntary Exclusion List Authorized By: 3772.03, 3772.031, 3772.033 Amplifies: 3772.03, 3772.031, 3772.04 4. Does the regulation implement a federal requirement? Is the proposed regulation being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal law or to participate in a federal program? 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 6 - If yes, please briefly explain the source and substance of the federal requirement. 3772-2-11 Confidentiality Statutes: Privacy Act, 5 U.S.C. 552a (2010) 5. If the regulation implements a federal requirement, but includes provisions not specifically required by the federal government, please explain the rationale for exceeding the federal requirement. Not Applicable 6. What is the public purpose for this regulation (i.e., why does the Agency feel that there needs to be any regulation in this area at all)? Article XV, Section 6(C) of the Ohio Constitution and R.C. Chapter 3772 require the Commission to ensure the integrity of casino gaming and to prescribe rules for how casino gaming should be conducted, including general provisions, the Commission’s organization, and the licensure of casino operators, management companies, and holding companies. To ensure the integrity of casino gaming, it is imperative to protect casino patrons and to ensure that all casino operators meet the requirements for licensure to conduct casino gaming in the state of Ohio. These rules are designed to continue to effectuate this constitutional and statutory mandate. 7. How will the Agency measure the success of this regulation in terms of outputs and/or outcomes? Overall, the Commission will measure the success of these amended rules in terms of whether they help to ensure the integrity of casino gaming. This can be done in two ways: First, through evaluating whether the administrative cost of implementing and enforcing the proposed rules outweighs their public benefit. Second, through analyzing the regulated community’s comments about or requests for waivers or variances from these rules once they are implemented. 8. Are any of the proposed rules contained in this rule package being submitted pursuant to R.C. 101.352, 101.353, 106.032, 121.93, or 121.931? If yes, please specify the rule number(s), the specific R.C. section requiring this submission, and a detailed explanation. No Development of the Regulation 9. Please list the stakeholders included by the Agency in the development or initial review of the draft regulation. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 7 - If applicable, please include the date and medium by which the stakeholders were initially contacted. The Commission is soliciting comments from stakeholders and the general public through the statutorily mandated public comment process. These no-change rules are part of a larger five-year review package that includes amended rules. The Commission sent the amended rules to stakeholders for informal review. No comments were received. See the amended rules BIA for more information. 10. What input was provided by the stakeholders, and how did that input affect the draft regulation being proposed by the Agency? The Commission is not proposing changes to these rules, but will consider any suggested changes it receives during the public comment period. 11. What scientific data was used to develop the rule or the measurable outcomes of the rule? How does this data support the regulation being proposed? This question does not apply to these rules because no scientific data was necessary to develop or measure their outcomes. Instead, Commission staff reviewed its statutory mandates and generally considered how other jurisdictions approached the rule topics in this package. Further, staff considered whether existing rules were the most efficient means by which to maintain the integrity of casino gaming and whether any requests for amendments, waivers, or variances had been requested or granted to the regulated community. In so doing, the Commission was able to use, as much as possible, rules the regulated community is accustomed to and is common in other jurisdictions, with minor adaptations to remain in compliance with Ohio law. 12. What alternative regulations (or specific provisions within the regulation) did the Agency consider, and why did it determine that these alternatives were not appropriate? If none, why didn’t the Agency consider regulatory alternatives? Alternative regulations may include performance-based regulations, which define the required outcome, but do not dictate the process the regulated stakeholders must use to comply. Commission staff reviewed and considered the statutes and rules adopted in other jurisdictions both when these rules were first adopted and during this five-year review. In reviewing these statutes and rules, staff considered past practices of the Commission in its other regulatory frameworks and the current trends in the sports gaming regulatory environment. As such, these rules are a conglomeration of the rules used in other jurisdictions with adaptations made for Ohio law and current industry trends. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 8 - 13. What measures did the Agency take to ensure that this regulation does not duplicate an existing Ohio regulation? This question does not apply to these rules because no other regulations in this area currently exist with respect to casino gaming. 14. Please describe the Agency’s plan for implementation of the regulation, including any measures to ensure that the regulation is applied consistently and predictably for the regulated community. The rules in this package largely relate to regulatory compliance, which is handled by the Commission’s regulatory compliance staff. The staff is overseen by a director in the Commission’s central office. The rules in Chapter 3772-4 relate to licensing, which is handled by the Commission’s licensing staff, also overseen by a central office director. Further, to ensure ongoing compliance, there are gaming agents and auditors stationed at each of the casinos observing, evaluating, and investigating casino operations. Any issues that arise at the facilities are funneled to the Commission’s central office where the Executive Director and their division directors can coordinate a consistent response and conduct outreach to the regulated community. Further, the granting or ultimate sanctioning of any of these license types must be brought before the Commission at a public meeting for a vote. Therefore, the regulated community can expect consistent and transparent formal licensing or sanctioning decisions. Adverse Impact to Business 15. Provide a summary of the estimated cost of compliance with the rule(s). Specifically, please do the following: a. Identify the scope of the impacted business community, and In large part, casino operators, management companies, and holding companies are the impacted business community with respect to these rules. However, other entities, such as gaming-related vendors and independent testing laboratories, will be affected by certain rules as well. b. Quantify and identify the nature of all adverse impact (e.g., fees, fines, employer time for compliance, etc.). The adverse impact can be quantified in terms of dollars, hours to comply, or other factors; and may be estimated for the entire regulated population or for a representative business. Please include the source for your information/estimated impact. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 9 - 3772-1-04 Waivers and Variances Although certain administrative costs may be incurred in the submission of a waiver or variance request, nothing requires a person to seek a waiver or variance and the procedure is minimally burdensome, considering it would allow for a person to not have to comply with a rule that would otherwise apply. Further, the Commission does not anticipate an adverse impact on business. The Commission anticipates that this rule will overall continue to have a strong positive impact on business because it allows the Commission to address the specific needs of a requester and view each request and requestor in an individualized manner, allowing for more flexible, performance- and risk-based regulations. 3772-1-07 Records Retention Requirements The adverse impact from this rule is the cost of retaining records, including document management systems and employee time and payroll. However, the substance of this rule has existed since casino gaming commenced, and as such, casino operators, holding companies, and gaming-related vendors already have document systems in place to ensure adequate records retention. Additionally, the maintenance of records is a necessary corollary to ensure R.C. 3772.05’s requirement to allow the Commission and other state agencies access to these entities’ records and is a required rule under R.C. 3772.03(D)(12). Therefore, its current business impact is minimal at most. 3772-2-04 Requests to Address the Commission This rule sets out the procedure by which any person can request to address the Commission. Therefore, the Commission does not anticipate an adverse impact on business from this rule other than negligible costs related to the preparation of a submission of requests to address the Commission. 3772-2-06 Subpoena Power The costs associated with this rule would vary based on any subpoenas issued by the Commission but would include costs associated with producing documents or providing testimony in response to a subpoena. However, this rule merely provides some additional details to the Commission’s subpoena power granted by R.C. 3772.04. Therefore, the Commission anticipates little to no adverse impact to business. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 10 - 3772-4-01 Instructions for the Casino Operator, Management Company, and Holding Company License Application This rule has a minimal adverse impact. The costs from this rule are employee time and payroll to comply the application instructions. However, these requirements or instructions are either common to the industry or already required in statute, namely R.C. 3772.07, 3772.10, 3772.11, and 3772.111. Further, the Commission is specifically charged with adopting a rule on this point in R.C. 3772.03(D)(2). Therefore, the cost of following these instructions is largely required or contemplated by statute and built into the business model. 3772-4-03 Application Fees The rule reiterates the initial and new application fee of $1,500,000, which was imposed by statute in R.C. 3772.17(C), and charges one-third of that amount for renewals: $500,000, pursuant to the Commission’s rulemaking authority under R.C. 3772.15. Therefore, the Commission anticipates the business impact to be those fees listed above, which are paid anytime an application is submitted (licenses are good for a period of three years). Given the highly regulated nature of the industry and the high costs of processing and reviewing these applications, this fee is both customary and justified in the casino industry. 3772-4-04 License Fees The rule reiterates the initial licensure fee of $50,000,000, which was imposed by statute in R.C. 3772.17(A). For new or renewal licenses, the rule charges a small fraction of that of that amount: $1,500,000, pursuant to the Commission’s rulemaking authority under R.C. 3772.17. Therefore, the Commission anticipates the business impact to be those fees listed above, which are paid anytime a license is granted (licenses are good for a period of three years). Given the highly regulated nature of the industry and the high costs involved in regulating the casino industry, this fee is both customary and justified in the casino industry. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 11 - 3772-4-06 Duty to Update Information The business impact of this rule is the employee time and payroll necessary to submit these materials to the Commission, which will vary based on the type of the information that must be submitted. However, the business impact is minimized since the statute requires licensees to maintain suitability and requires the Commission to observe licensees to ensure they are suitable throughout licensure. R.C. 3772.10. Moreover, providing suitability updates is common in the casino industry in every jurisdiction in which they operate. Because of this, the operators already have dedicated staff to ensure these continuing reporting requirements are met in each jurisdiction. Therefore, the cost to the operator submitting this material is nominal, built into their business model, and contemplated by statute. 3772-9-01 Definitions As this rule is solely definitional, the Commission does not anticipate an adverse impact on business from this rule itself. However, because these definitions set the base for the Commission’s casino gaming regulations, it is filing this rule and has made it available for stakeholder comment. Any potential business impact would likely be triggered by other rules’ substantive provisions. 3772-9-02 Approval for Use in a Casino Facility The Commission anticipates a minimal adverse impact on business from this rule. This is because the rule largely does three things: (1) requires EGE to be approved; (2) requires certain EGE to be connected to an online monitoring system; and (3) requires EGE to support gaming authentication terminals. R.C. 3772.03(D)(7) and (8) and 3772.20 require the Commission to approve and identify approved EGE for use in the state, negating the impact of number (1). Number (2) is standard to the industry and each casino in Ohio already has a system that does so, meaning no outlays will be made as a result of the rule. Further, this system is one way the Commission fulfills its statutory requirement to ensure the proper reporting of EGE under R.C. 3772.31, without having to mandate a central system. Number (3) has been in place since the inception of casino gaming and is something all EGE in the state already complies with, meaning no outlays will be made because of this requirement. Additionally, number (3) is the manner in which the Commission fulfills its R.C. 3772.31 statutory obligation to ensure the proper operation of EGE without mandating a central system, further blunting any impact from this provision. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 12 - 3772-9-03 Evaluation by a Certified Independent Testing Laboratory The Commission anticipates a minimal adverse impact to business from this rule. This rule simply implements the statutory requirements that certain gaming-related equipment be tested by certified independent laboratories under R.C. 3772.03(D)(4) and R.C. 3772.31 and that the equipment meet certain minimum standards under R.C. 3772.03(D)(8), 3772.20, and 3772.31. Of course, each vendor will incur costs from doing so, but these costs will be paid to and determined by the private sector, are standard in all casino-gaming jurisdictions, and again, are a statutory requirement. Additionally, the testing standards in the appendix are a national standard used in most other casino-gaming jurisdictions, meaning all casino operators and vendors have these standards built into their business model. The only Ohio-specific difference in these standards is to account for the statutorily required 85% minimum payout percentage. R.C. 3772.20. Any minimal impact is further blunted because as a practice, the Commission approves certain non-game-altering EGE without the need for it to be approved by a testing laboratory. 3772-9-08 Movement of Electronic Gaming Equipment Within a Casino Facility The Commission anticipates a minimal adverse business impact from the log that is required to be kept by this rule. This rule again helps to implement the statutory requirement that the Commission ensure the necessary reporting of casino gaming, and specifically EGE, without implementing a central system. R.C. 3772.31. Moreover, the log that is required to be kept by this rule is common practice in the casino gaming industry and helps operators track their own assets. Therefore, all operators have complied with this requirement since the inception of casino gaming in Ohio, and it is baked into the casino gaming business model, negating its potential impact. 3772-22-01 Disciplinary Actions The Commission anticipates an adverse business impact from this rule that will vary depending upon the performance of stakeholders under other rules. Sanctions, by their very definition, carry an adverse impact to a business. That being said, sanctions are an important tool in ensuring the integrity of casino gaming and are one of the Commission’s required rules under R.C. 3772.03(D). Moreover, the Commission uses its sanction power not simply as a punishment but as a tool to ensure future compliance, and those facing sanctions have all the due process guarantees that Ohio law affords to them prior to sanctions being imposed. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 13 - 3772-23-01 Involuntary Exclusion List The Commission anticipates minimal business impact from this rule from the casinos needing to exclude individuals on the list and from the requirement that the casinos notify the Commission of any involuntarily excluded individuals on property. However, these minimal impacts are blunted by the fact that the Commission is required to adopt a rule on this topic by R.C. 3772.031 and that these requirements naturally flow from that statutory provision. Moreover, this rule has existed since the inception of casino gaming in Ohio, meaning that any business impacts have existed since then as well. 16. Are there any proposed changes to the rules that will reduce a regulatory burden imposed on the business community? Please identify. (Reductions in regulatory burden may include streamlining reporting processes, simplifying rules to improve readability, eliminating requirements, reducing compliance time or fees, or other related factors). N/A 17. Why did the Agency determine that the regulatory intent justifies the adverse impact to the regulated business community? The regulatory intent justifies any adverse impact because Article XV, Section 6(C) of the Ohio Constitution and R.C. Chapter 3772 require the Commission to ensure the integrity of casino gaming, specifically by performing many of the tasks listed here. Moreover, the regulatory intent justifies any adverse impact because casino gaming is a highly regulated industry and is accustomed to these regulations in every jurisdiction in which they operate. Unregulated gaming poses a threat to the public welfare and raises the potential for fraud and abuse. To mitigate these threats, the Commission, like other gaming regulatory bodies, is using its several statutory mandates and regulatory authority to establish a best practice framework. Finally, the amendments in this package largely lessen any business impact, including removing redundant provisions of law or clarifying the Commission’s interpretation of a particular rule, while still ensuring the Commission is not shirking these constitutional and statutory mandates. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 14 - Regulatory Flexibility 18. Does the regulation provide any exemptions or alternative means of compliance for small businesses? Please explain. Yes (indirectly), though it is unlikely this will be necessary since these regulations mostly impact casino operators and a few related entities, none of which likely constitute a small business. These amendments indirectly provide exemption or alternative means of compliance through Ohio Adm.Code 3772-1-04 (one of the rules in this no-change package), which permits the Commission, upon written request, to grant waivers and variances from the rules adopted under R.C. Chapter 3772, including these rules, if doing so is in the best interest of the public and will maintain the integrity of casino gaming in the State of Ohio. 19. How will the agency apply Ohio Revised Code section 119.14 (waiver of fines and penalties for paperwork violations and first-time offenders) into implementation of the regulation? Though it is unlikely R.C. 119.14 will apply to these amendments because the rules largely impact casino operators, gaming-related vendors, and testing laboratories, none of which likely constitute a small business, the Commission will adhere to the statutory requirements thereunder, if applicable. To the extent R.C. 119.14 would apply to a violation of these amendments, the Commission will provide verbal and written notification to the small business to correct the paperwork violation. Thereafter, the Commission would allow the small business a reasonable time to correct the violation. The Commission and its staff would also offer any additional assistance necessary to aid in remediation of the violation. No further action would be taken unless the small business fails to remedy the violation within the reasonable time allotted by the Commission. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 15 - 20. What resources are available to assist small businesses with compliance of the regulation? The Commission and its staff are dedicated to working with members of the regulated community and the public to effectively and efficiently regulate casino gaming in this state. As a result, the following resources are available: • Commission’s mailing address: 100 E. Broad St., 20th Floor, Columbus, OH 43215 • Commission’s toll-free telephone number: (855) 800-0058 • Commission’s Division of Licensing telephone number: (614) 387-5688 • Commission’s fax number: (614) 485-1007 • Commission’s website: http://www.casinocontrol.ohio.gov/ • Commission’s email: info@casinocontrol.ohio.gov • Commission’s casino gaming listserv: https://ohio.us7.list- manage.com/subscribe?u=1c618d44ec5c718843ae2e7bb&id=3d36674d21 Also, all members of the regulated community and public may, in accordance with Rule 3772-2- 04, request to address the Commission during a public meeting. Finally, all members of the regulated community may, pursuant to Rule 3772-1-04, request waivers and variances from the Commission’s casino gaming regulations. 77 SOUTH HIGH STREET | 30TH FLOOR | COLUMBUS, OHIO 43215-6117 CSIPublicComments@governor.ohio.gov - 16 -