Title 36 — Subtitle 01. General Provisions

“Cash” means coins, U.S. currency, money orders, debit cards, checks, gaming chips, gaming tickets, vouchers, or prepaid cards issued or approved by the Agency.

“Cash” does not include credit.

“Direct exclusion” means the process by which a fantasy competition operator, mobile sports wagering licensee, or online sports wagering operator licensee allows an individual to self-exclude from a gaming platform.

“Direct exclusion” does not include:

If, after the Director sends written notice of license denial or recommendation of license denial, an applicant fails to timely request a reconsideration meeting, the date of the written notice of the Directors written notice;

If, after a reconsideration meeting, an applicant fails to timely request a Commission hearing, the date of the Directors written notice after the reconsideration meeting; or

If the Commission holds or delegates a hearing on an appeal of the Directors license denial or reconsideration of license denial, the date of the Commissions or the Office of Administrative Hearings written decision.

The Commission adopts the Director’s deficiency notice under COMAR 36.02.02, 36.03.04, 36.06.05, 36.07.02, 36.03.03 or 36.10.08, and a licensee fails to submit a timely, acceptable corrective action plan;

The date of the Commission’s written decision after a hearing on the Director’s recommendation to impose a sanction; or

If a licensee seeks judicial review of the Commission’s sanction, the most recent date of:

Lottery, under COMAR 36.02;

Video lottery terminals, under COMAR 36.03;

Table games, under COMAR 36.05;

Electronic gaming devices, under COMAR 36.06;

Instant bingo machines in Anne Arundel or Calvert Counties, under COMAR 36.07;

Fantasy competitions, under COMAR 36.09; and

Sports wagering, under COMAR 36.10.

“Gaming platform” means hardware and software used for a website, application, or other platform which is accessible via the internet or mobile, wireless, or similar communications technology that allows players to participate in a gaming activity.

“Gaming platform” includes a sports wagering platform and a fantasy competition platform.

“Lottery game” means a game, activity, or other activity that is approved or offered by the Agency for consideration to win a prize by chance in which the:

“Lottery game” does not include unless otherwise specified by the Director, a promotion.

“Prize” means:

“Prize” may include a combination of § B(22)(a)—(d) of this regulation.

Criminal Procedure Article, §11-616(b) or 11-618, Annotated Code of Maryland;

Family Law Article, §10-113.1(a), Annotated Code of Maryland;

State Finance and Procurement Article, §3-307, Annotated Code of Maryland; or

Any other State law.

In a manner that ensures its receipt by the party to whom it is addressed; and

Which is considered complete only upon actual receipt by that party.

A game or composite of a game that the Commission has approved for play in a video lottery facility; and

A gaming tournament in which players compete against one another in a table game event.

“Video lottery terminal” means any machine or other device that:

“Video lottery terminal” includes a machine or device that:

“Video lottery terminal” means each single position or seat available for use by a player;

“Video lottery terminal” does not include an authorized electronic gaming device operated by an eligible organization under Criminal Law Article, Title 12, Subtitle 3, Annotated Code of Maryland.

The Commission shall:

The Commission may annually elect a vice chair from among its members.

The Director is the Secretary of the Commission.

The Secretary of the Commission shall, as soon as practicable after the Commission meets, prepare minutes of the meeting and make them available to the public as required under §3-306 of the General Provisions Article, Annotated Code of Maryland.

Make determinations on all issues relating to the Agency and all of the Agency’s games, promotions, and special activities;

Determine that a ticket is void and if the ticket shall be paid; and

Establish and announce special purchase options which reduce the purchase price of a lottery game for a specified period.

The number of prize categories;

The allocation of prize money among prizes;

The price of lottery games;

The probability or odds of winning a lottery game;

The amount of winnings a player may accumulate from a subscription as provided in COMAR 36.02.06.12.D; and

Any other aspect of lottery game play, payment, and implementation.

Authorize the Agency to substitute a prize of equivalent value or higher for a prize; and

Approve a winner’s request to receive a cash equivalent value or other substitute prize for a merchandise or experience.

Determine that a ticket shall be canceled;

If a player violates a lottery law or regulation, invalidate a ticket, delay a prize award, or issue a refund; or

Delegate to another individual the performance of any activity, function, or service in connection with the operation of the Lottery.

“Agency employee” means an employee of the Agency

“Code of conduct” means the document that identifies activities prohibited for employees of the Agency and Commission members.

“Complaint” means the submission of a communication to the Agency or the Commission alleging a violation of a law, regulation, or the code of conduct.

“Conflict of interest” means a situation in which a personal interest of a Commission member or an Agency employee may compromise the individual’s judgment, decisions or actions.

“Ex parte communication” means a written or oral communication that happens without the knowledge, consent, or presence of all parties involved involving a matter that is pending before the Commission.

“Recusal” means that a Commission member or an Agency employee does not participate in a specific matter.

Has a conflict of interest; or

For any reason, is unable to participate fairly and impartially.

Participate in the Commission's discussion or vote on the matter; or

Discuss the matter or the Commission's review of the matter with a Commission member or any other person.

If in person, physically leave the meeting; or

If remote, disconnect from the virtual meeting.

Direct the Agency to investigate; or

Refer the complaint to appropriate unit of State government.

A Commission member;

An Agency employee;

The Attorney General's Office;

A witness; or

Another person authorized by law to be involved in the case.

“Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

“Applicant” has the meaning stated in §4-101 of the Act.

“Application” means a request for access under the Act for a public record of the Agency.

“Board” has the meaning stated in §4-101 of the Act.

“Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.

“Custodian” means:

“Indigent” has the meaning stated in §4-206 of the Act.

“Metadata” has the meaning stated in §4-205 of the Act.

“PIA Coordinator” means the Agency employee who is responsible for accepting requests for public records.

“Public Access Ombudsman” means the official appointed, under Title 4, Subtitle 1B of the Act, to resolve disputes under the Act.

“Public Record” has the meaning stated in §4-101 of the Act.

“Reasonable fee” has the meaning stated in §4-206 of the Act.

The applicant seeks to inspect a public record designated by the official custodian as available to any applicant immediately on request; or

The PIA Coordinator waives the requirement for a written application.

The PIA Coordinator; or

If the PIA Coordinator is not known, the Director.

Reasonably identify, by brief description, the public record sought; and

Provide an address or other means by which the custodian may respond to the applicant’s request.

Notice of that fact; and

If known, the name of the custodian and possible location of the public record.

Immediately; or

Within a reasonable period, not to exceed 30 days from the date of the application if that period of time is needed to retrieve the public record and conduct any necessary review.

The amount of time that the custodian anticipates it will take to produce the public record;

An estimate of the range of fees that may be charged to comply with the application for public records; and

The reason why it will take more than 10 work days to produce the public record.

Immediately, if the custodian determines this on initial review of the application; or

If the custodian determines this after a search for responsive records, promptly after the search is completed but not more than 30 days after receiving the application.

The custodian shall do so within 30 days after the request; and

Immediately notify the applicant of the denial.

The reason for the denial including, for records denied under §4-343 of the Act, a brief explanation of:

The legal authority for the denial;

Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and

Notice of the remedies available for review of the denial

With the consent of the applicant, for an additional period of up to 30 days; and

For the period of time during which a dispute initiated by the applicant is pending before the Public Access Ombudsman.

The public record is in a searchable and analyzable electronic format;

The applicant requests a copy of the public record in a searchable and analyzable electronic format; and

The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.

Requested by the applicant; and

The custodian is able to do so by using the existing functions of the database or software program that contains the searchable an analyzable data.

Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or

Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or any proprietary software in which the record is maintained.

Using a software program or function; or

Converting the electronic record into a different searchable and analyzable format.

The circuit court for the county where the public record is located; or

The Circuit Court for Baltimore City.

Obtain the agreement of the applicant to pay the cost; or

Demand prepayment of the cost from the applicant.

Except as provided in §L(8) of this regulation, the Agency may charge a reasonable fee to:

The custodian shall determine the fee by multiplying the staff’s or attorney’s salary, prorated to an hourly basis, by the actual time attributable to the search for, retrieval of, review of, and preparation of public records for inspection and copying.

The custodian may waive or reduce any fee set under this regulation if the applicant requests a waiver, and:

In determining whether a fee is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

In writing; and

Submitted to:

Contain the name, address, and telephone number of the requestor;

Identify the public record sought to be corrected or amended;

Specify the precise correction or amendment sought;

State the reason for the correction or amendment; and

Include a statement that, to the best of the requestor’s belief, the public record is inaccurate or incomplete.

An explanation of the reason for the return; and

A statement that, on receipt of a request that reasonably complies with §§B and C of this regulation, the request will be accepted.

Make the requested correction or amendment, and the reason for the refusal; or

Act on the request because:

Has refused the person's request to correct or amend a public record under §E of this regulation;

Has rejected the person's statement of disagreement under §F of this regulation; or

Has not provided a statement of disagreement to a third party under §G of this regulation.

Order any person who engages in conduct that disrupts a session, to be removed from the session;

Request police assistance to restore order; and

Recess the session while order is restored.

Is operated from the individual's seat;

Does not create a noise that disturbs members of the Commission or other persons attending the session;

Does not otherwise interfere with another person’s attendance or observation of the session; and

Is operated openly so that it is obvious to those in attendance that the session is being recorded.

Is operated from a fixed position that does not block the view of another individual;

Is operated without a flash or other form of excessively bright artificial light that disturbs members of the Commission or other persons attending the session;

Does not otherwise interfere with another person’s observation of or participation in the session;

Is operated openly so that it is obvious to those in attendance that the session is being photographed or videotaped; and

Does not create a noise that disturbs members of the Commission or other persons attending the session.

Move about the meeting room when using a recording device, camera, or broadcasting or televising equipment; or

Move a recording device, camera, or broadcasting or televising equipment from its initial location.

Be in writing and specifically state the declaratory ruling sought;

Include a detailed statement of the relevant facts and the petitioner's argument in support of the position asserted in the petition; and

Include a statement concerning the interest of the petitioner in the controversy and how a declaratory ruling would affect the petitioner's interest.

The petition shall be submitted to the Director.

The Director:

State Government Article, Title 9, Subtitles 1, 1A, 1B, 1D, and 1E, Annotated Code of Maryland, or regulations promulgated thereunder; and

Criminal Law Article, Title 12, Subtitle 3, Annotated Code of Maryland, or regulations promulgated thereunder.

All petitions submitted for declaratory ruling; and

The Director's responses and rulings.

Be submitted to the Director in writing;

Include the name, address, and telephone number of the petitioner;

Generally describe the regulation sought or identify the regulation which the petitioner seeks to amend or repeal; and

Include a brief statement of reasons in support of the petition.

Publication of the petition or a summary of it in the Maryland Register;

Submission of the petition to other interested persons requesting their comments;

Public meetings or hearings on the petition; or

Any other procedure designed to obtain the views of the public on the subject matter of the petition.

Deny the petition, stating the reason for denial; or

Initiate rulemaking proceedings.

State Government Article, Title 9, Subtitles 1, 1A, 1B, 1D, and 1E, Annotated Code of Maryland; or

Criminal Law Article, Title 12, Subtitle 3, Annotated Code of Maryland.

Petitions submitted; and

Responses and rulings.

“Act” means the Administrative Procedure Act, State Government Article, §§10-201—10-226, Annotated Code of Maryland.

“Administrative law judge” has the meaning stated in COMAR 28.02.01.

“Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland.

“Party” means a person, including the Agency, named or admitted to participate in a hearing.

“Presiding Officer” means:

“Quorum” means a majority of the full authorized membership of the Commission.

A hearing conducted by the Commission shall be held before not less than a quorum of the Commission.

Commission action shall be by the concurrence of at least four members.

The Presiding Officer shall have complete charge of the hearing.

In addition to other powers and authority granted by law, the presiding officer may:

Questions of evidence and law;

Preparation of the Commission’s written decision; and

Any other appropriate advice function.

Submission of evidence;

Examination and cross-examination of witnesses;

Preparation of summation and argument; and

Filing of objections, exceptions, and motions.

Introduced in the course of the hearing; and

Made part of the record in the case.

Judicially cognizable facts; and

General, technical, or scientific facts within its specialized knowledge.

Be represented by counsel;

Present witnesses;

Cross-examine witnesses presented by the other party or presiding officer;

Present documentary and other evidence which is relevant;

Submit rebuttal evidence; and

Present argument.

The Commission shall prepare an official record of the hearing, which shall include all pleadings, testimony, exhibits, and other memoranda or other documents submitted in the proceedings.

A record of the hearing shall be made at the expense of the Commission.

This record need not be transcribed unless requested by a party or the Commission.

The cost to obtain a written transcript of any part of a proceeding shall be paid by the party requesting the transcript.

The party requesting the transcript is responsible for all costs of transcription.

If a party is excepting to, appealing from, or seeking judicial review of the Commission’s proposed or final decision, that party shall request a transcript of the recording, unless a transcript already has been prepared.

Proceed in that party's absence;

Continue the matter to a later time; or

Issue a default order against that party.

There is a substantial and sufficient basis for an actual controversy on the merits; and

It is equitable to excuse the default.

Document its dismissal of the action in writing; and

Transmit the written dismissal to all parties by electronic or regular mail.

No party timely submits written disagreement with the dismissal; or

The Commission declines to reopen the matter.

Is signed by or on behalf of the party submitting the paper or document; and

Specifies the:

Conduct a contested case hearing; and

Issue:

This section applies to a contested case where the Commission has delegated authority to the Office of Administrative Hearings to conduct a contested case hearing under §O(1) of this regulation.

The administrative law judge who hears a case shall submit to the Commission a decision that contains one of the following, as delegated by the Commission to the Office of Administrative Hearings:

When making a decision, the administrative law judge is bound by any regulation, bulletin, final order, or settled and preexisting policy of the Commission to the same extent that the Commission is or would have been bound if the Commission were hearing the case.

The Office of Administrative Hearings shall send the administrative law judge’s decision directly to the parties and the Commission.

Involve novel or unanticipated factual or legal issues;

Have significant social or fiscal consequences;

Involve policy issues of general applicability; or

Be likely to have precedential value.

The issuance of a ruling on a substantive issue; or

The taking of oral testimony from the first witness.

Contains a brief statement of the reason for the revocation;

Specifies whether all or part of the delegation to hear the case is revoked; and

If less than all of the delegation is revoked, specifies the parts of the contested case for which the delegation has been revoked.

“Affiliated entity” means an entity sharing ownership or management with a licensee of a gaming activity.

“Commission's Voluntary Exclusion List” means the list established by the Commission that allows an individual to request to be excluded from participating in certain gaming activities for a specified period of time.

“Sports wagering licensee” means:

Individual may request to inspect or correct under General Provisions Article, §4-502, Annotated Code of Maryland;

Commission will maintain as sociological information under General Provisions Article, §4-330, Annotated Code of Maryland; and

Commission or its licensees may share with entities as provided in Regulation .05 of this chapter;

Is voluntarily applying for exclusion;

Is sober and informed;

Confirms the information provided in the application is accurate and complete; and

Is fully informed of the outcomes associated with being placed on the Commission’s Voluntary Exclusion List; and

Is not an application for placement on the Commissions Voluntary Exclusion List under this chapter;

Will not result in placement on the Commissions Voluntary Exclusion List;

Is not a record that is maintained by the Commission; and

Does not prevent the person from using another fantasy competition platform in Maryland.

Is not an application for placement on the Commissions Voluntary Exclusion List;

Will not result in inclusion on the Commissions Voluntary Exclusion List;

Is not a record that is maintained by the Commission; and

Does not prevent the individual from using another mobile sports wagering platform in Maryland.

In their possession since being placed on the Commissions Voluntary Exclusion List; or

Received from a fantasy competition, if the individual entered the fantasy competition after placement on the Commissions Voluntary Exclusion List; and

A problem gambling treatment or prevention program approved by the Commission; or

A healthy decision-making program that is sponsored or approved by the Commission, with a licensed professional counselor or other person approved by the Commission;

Deliver to the individual by email or regular mail a notice of removal from the Commissions Voluntary Exclusion List; and

Notify the State’s video lottery facilities, instant bingo facilities with more than 10 instant bingo machines, registered fantasy competition operators, sports wagering facility licensees, and mobile sports wagering licensees, or update the Lottery Central System with the individual’s removal from the Commission’s Voluntary Exclusion List; or

Request was denied; and

Individual shall remain on the Commissions Voluntary Exclusion List.