<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 09.10.05.03" title_num="09" subtitle_num="10" chapter_num="05" heading="Personal and Financial Background Investigation.">
  <paragraph num="A.">
    <text>For the purpose of this regulation, “financial interest” means 5 percent or more of an ownership or profit interest in an applicant for a satellite simulcast betting permit.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission shall:</text>
    <paragraph num="(1)">
      <text>Conduct a personal and financial background investigation on the officers of the applicant, if any, and each person with a financial interest in the applicant;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Obtain from the applicant not less than three personal references regarding each person specified by §B(1) of this regulation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Solicit responses from references furnished by the applicant and evaluate them;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Request federal, State, and local law enforcement authorities, with the cooperation of the persons specified in §B(1) of this regulation and at the expense of the applicant, to conduct a criminal background review of persons specified by §B(1) of this regulation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Direct the applicant to pay financial advisors engaged by the Commission to review and advise the Commission on all pertinent financial matters for the applicant and for persons having a financial interest in the applicant in order to determine the applicant's financial ability to purchase or lease, develop, and maintain the satellite simulcast betting facility including:</text>
      <paragraph num="(a)">
        <text>Certified financial statements,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Income statements for the most recent year preceding the submission of the application, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Financial statements and related records of any corporation, association, partnership, proprietorship, limited partnership, or any other business entity in which a person with a financial interest in the applicant has at least a majority interest;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Obtain from the applicant the:</text>
      <paragraph num="(a)">
        <text>Disclosure of all financial interests in horse racing and other legalized betting activities by those persons specified in §B(1) of this regulation, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Identity and the percentage of interest of all persons with less than a 5 percent financial or beneficial interest in the applicant, as well as the permission of these persons to have an investigation conducted on their background by the Commission.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the applicant is a track licensee, the Commission may waive those portions of the personal and financial background check that it considers appropriate.</text>
  </paragraph>
</regulation>