Chapter 01. General
Regulation .01 Definitions.LinkCopy Citation
A.
In this title, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Agency” means the State Lottery and Gaming Control Agency and, unless the context dictates otherwise, includes the Director and Commission.
(2)
Cash.
(a)
“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.
(b)
“Cash” does not include credit.
(3)
“Commission” means the State Lottery and Gaming Control Commission and, unless the context dictates otherwise, may include staff of the Agency.
(4)
“County” means any county in the State of Maryland and the City of Baltimore.
(5)
Direct Exclusion.
(a)
“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.
(b)
“Direct exclusion” does not include:
(i)
Voluntary exclusion under COMAR 36.01.03; or
(ii)
Mandatory exclusion under COMAR 36.03.07 or COMAR 36.10.10.
(6)
“Director” means the Director of the Agency and includes the Director’s designee.
(7)
“Fantasy competition” has the meaning stated in State Government Article, § 9-1D-01, Annotated Code of Maryland.
(8)
“Fantasy competition operator” has the meaning stated in State Government Article, § 9-1D-01, Annotated Code of Maryland.
(9)
“Fantasy competition platform” has the meaning stated in COMAR 36.09.01.02.
(10)
“Final action on a license denial” means:
(a)
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;
(b)
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
(c)
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.
(11)
“Final action on a sanction” means:
(a)
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;
(b)
The date of the Commission’s written decision after a hearing on the Director’s recommendation to impose a sanction; or
(c)
If a licensee seeks judicial review of the Commission’s sanction, the most recent date of:
(i)
A decision of the Office of Administrative Hearings;
(ii)
A final judgment under Maryland Rule 2-601; or
(iii)
The entry of a mandate under Maryland Rule 8-606.
(12)
“Gaming activity” means play of a game, device, or machine that is regulated by the Agency which is:
(a)
Lottery, under COMAR 36.02;
(b)
Video lottery terminals, under COMAR 36.03;
(c)
Table games, under COMAR 36.05;
(d)
Electronic gaming devices, under COMAR 36.06;
(e)
Instant bingo machines in Anne Arundel or Calvert Counties, under COMAR 36.07;
(f)
Fantasy competitions, under COMAR 36.09; and
(g)
Sports wagering, under COMAR 36.10.
(13)
“Gaming law” means State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.
(14)
Gaming Platform.
(a)
“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.
(b)
“Gaming platform” includes a sports wagering platform and a fantasy competition platform.
(15)
“Gaming ticket” has the meaning stated in COMAR 36.03.10.02.
(16)
“Lottery”, “Maryland Lottery”, or” State Lottery” means the Agency.
(17)
Lottery Game.
(a)
“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:
(i)
Only direct or personal participation by a player is the player’s purchase or receipt of a ticket;
(ii)
Chance to win is determined at random; and
(iii)
Proceeds benefit the State.
(b)
“Lottery game” does not include unless otherwise specified by the Director, a promotion.
(18)
“Lottery law” means State Government Article, Title 9, Subtitle 1, Annotated Code of Maryland.
(19)
“Online platform” means an interface using the internet that provides an individual the opportunity to engage in an authorized gaming activity, promotion, or loyalty rewards program.
(20)
“Player” means a person who participates in gaming activity.
(21)
“Person” has the meaning stated in State Government Article §1-101, Annotated Code of Maryland.
(22)
Prize.
(a)
“Prize” means:
(i)
A monetary award;
(ii)
Merchandise;
(iii)
A ticket;
(iv)
A experience that is a trip;
(v)
An outing; or
(vi)
A designated activity involving personal participation.
(b)
“Prize” may include a combination of § B(22)(a)—(d) of this regulation.
(23)
“Retailer” or “Lottery retailer” means a person who has been licensed by the Agency to sell tickets.
(24)
“Share” or “lottery share” means a ticket in which one or more individuals have an ownership interest.
(25)
“Sports wagering” has the meaning stated in State Government Article 9-1E-01, Annotated Code of Maryland, and COMAR 36.10.01.02.
(26)
“Sports wagering law” means State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.
(27)
“Sports wagering platform” has the meaning stated in COMAR 36.10.01.02.
(28)
“State obligation” means money owed under:
(a)
Criminal Procedure Article, §11-616(b) or 11-618, Annotated Code of Maryland;
(b)
Family Law Article, §10-113.1(a), Annotated Code of Maryland;
(c)
State Finance and Procurement Article, §3-307, Annotated Code of Maryland; or
(d)
Any other State law.
(29)
“Submit” means to deliver a document:
(a)
In a manner that ensures its receipt by the party to whom it is addressed; and
(b)
Which is considered complete only upon actual receipt by that party.
(30)
“Table games” means:
(a)
A game or composite of a game that the Commission has approved for play in a video lottery facility; and
(b)
A gaming tournament in which players compete against one another in a table game event.
(31)
“Ticket” means a ticket authorized by the Agency that a lottery retailer or the Agency makes available for sale.
(32)
“Video lottery” has the meaning stated in State Government Article, § 9-1A-01, Annotated Code of Maryland.
(33)
“Video lottery facility” has the meaning stated in State Government Article, § 9-1A-01, Annotated Code of Maryland.
(34)
Video Lottery Terminal.
(a)
“Video lottery terminal” means any machine or other device that:
(i)
On insertion of a bill, coin, token, voucher, ticket, coupon, or similar item, or on payment of any consideration is available to play or simulate the play of any game of chance in which the results, including the options available to the player, are randomly determined by the machine or other device; and
(ii)
By the element of chance, may deliver or entitle the player who operates the machine or device to receive cash, premiums, merchandise, tokens, or anything of value, whether the payout is made automatically from the device or in any other manner.
(b)
“Video lottery terminal” includes a machine or device that:
(i)
Does not directly dispense money, tokens, or anything of value to winning players; and
(ii)
Uses an electronic credit system making the deposit of bills, coins, or tokens unnecessary.
(c)
“Video lottery terminal” means each single position or seat available for use by a player;
(d)
“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.
(35)
“Voluntary exclusion program” means the Commission’s Voluntary Exclusion Program established under COMAR 36.01.03.
(36)
“Winnings” means the amount won from a wager or play that is not reduced by a loss.
(37)
“Work day” means a day when State government offices are open for business.
Regulation .02 Rules of Construction.LinkCopy Citation
A.
Gender and Number. In interpreting and applying this title, the following rules of construction shall apply:
(1)
Words denoting one gender pronoun include and apply to any other pronoun; and
(2)
The singular includes the plural and vice versa.
B.
Computation of Time. Time is computed as provided in General Provisions Article § 1-302, Annotated Code of Maryland.
Regulation .03 Commission.LinkCopy Citation
A.
Overview of Commission.
(1)
The Commission is included in the Agency.
(2)
The Commission may advise the Director on the administration and operation of the Agency in accordance with the lottery law.
(3)
The Agency shall assist the Commission to carry out its statutory and regulatory obligations.
B.
Operational Procedures.
(1)
Meetings.
(a)
The Commission shall:
(i)
Determine the times and places of its meetings;
(ii)
Set its procedures for frequency, notice, and conduct of meetings;
(iii)
Annually elect a chair from among its members; and
(iv)
Act only if at least four members concur.
(b)
The Commission may annually elect a vice chair from among its members.
(2)
Minutes.
(a)
The Director is the Secretary of the Commission.
(b)
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.
C.
Powers of Commission. The Commission may:
(1)
Issue subpoenas to compel attendance of witnesses at any place within the State in the course of any investigation or hearing conducted under the gaming law and sports wagering law;
(2)
Administer oaths and require testimony under oath before the Commission in the course of any investigation or hearing conducted under the gaming law, lottery law, and sports wagering law;
(3)
Serve or cause to be served its process or notices in a manner provided for service of process in civil actions under the Maryland Rules; and
(4)
Propound written interrogatories.
Regulation .04 Agency Director.LinkCopy Citation
A.
General Duties. The Director shall:
(1)
Supervise and administer the operation of the Agency;
(2)
Provide assistance to the Commission in the performance of its duties; and
(3)
Advise the Commission about any changes needed to improve the operation or administration of the Agency.
B.
Powers of Director.
(1)
The Director has all those powers conferred under State Government Article, Title 9, Subtitle 1, Annotated Code of Maryland.
(2)
The Director may:
(a)
Make determinations on all issues relating to the Agency and all of the Agency’s games, promotions, and special activities;
(b)
Determine that a ticket is void and if the ticket shall be paid; and
(c)
Establish and announce special purchase options which reduce the purchase price of a lottery game for a specified period.
(3)
The Director may establish and change:
(a)
The number of prize categories;
(b)
The allocation of prize money among prizes;
(c)
The price of lottery games;
(d)
The probability or odds of winning a lottery game;
(e)
The amount of winnings a player may accumulate from a subscription as provided in COMAR 36.02.06.12.D; and
(f)
Any other aspect of lottery game play, payment, and implementation.
(4)
The Director may:
(a)
Authorize the Agency to substitute a prize of equivalent value or higher for a prize; and
(b)
Approve a winner’s request to receive a cash equivalent value or other substitute prize for a merchandise or experience.
(c)
Determine that a ticket shall be canceled;
(d)
If a player violates a lottery law or regulation, invalidate a ticket, delay a prize award, or issue a refund; or
(e)
Delegate to another individual the performance of any activity, function, or service in connection with the operation of the Lottery.
Regulation .05 Limitations on Gaming Activity.LinkCopy Citation
Gaming activity may not be engaged in by, and a prize, jackpot, or winnings may not be paid to:
A.
A Commission member;
B.
An officer or an employee of the Agency; or
C.
An individual who lives in the same principal residence as a Commission member or an officer or employee of the Agency and is the officers, members or employees:
(1)
Spouse or domestic partner;
(2)
Child;
(3)
Sibling; or
(4)
Parent or parent-in-law; or
D.
The Agency may conduct periodic reviews of prizes paid in excess of $600 by reviewing data available to the Agency.
Regulation .06 Code of Conduct.LinkCopy Citation
A.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Agency employee” means an employee of the Agency
(b)
“Code of conduct” means the document that identifies activities prohibited for employees of the Agency and Commission members.
(c)
“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.
(d)
“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.
(e)
“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.
(f)
“Recusal” means that a Commission member or an Agency employee does not participate in a specific matter.
B.
Establishment and Compliance.
(1)
The Director shall establish a code of conduct.
(2)
Commission members and Agency employees shall comply with the code of conduct.
(3)
A violation of the code of conduct constitutes a violation of this regulation.
(4)
The Agency or Commission may report a violation to the State Ethics Commission.
(5)
An Agency employee who violates the code of conduct may be subject to disciplinary action.
C.
Recusal of a Commission Member.
(1)
A Commission member may not participate in a Commission matter in which the member:
(a)
Has a conflict of interest; or
(b)
For any reason, is unable to participate fairly and impartially.
(2)
A Commission members familiarity with a person does not, of itself, require recusal of the Commission member.
(3)
A Commission member who is recused from a matter before the Commission may not:
(a)
Participate in the Commission's discussion or vote on the matter; or
(b)
Discuss the matter or the Commission's review of the matter with a Commission member or any other person.
(4)
A Commission member who is recused from a hearing, discussion, or voting on a matter shall:
(a)
If in person, physically leave the meeting; or
(b)
If remote, disconnect from the virtual meeting.
(5)
The Commission shall document the recusal of the Commission member in the minutes of the Commission meeting from which the member was recused.
D.
Allegation of a Violation of the Code of Conduct.
(1)
A Commission member against whom a complaint is made shall follow §C(3) and (4) of this regulation.
(2)
Upon receipt of a complaint, the Commission may:
(a)
Direct the Agency to investigate; or
(b)
Refer the complaint to appropriate unit of State government.
(3)
An Agency employee who has a conflict of interest pertaining to the Commission member who is the subject of the complaint may not participate in an investigation of the complaint.
(4)
The Commission member who is the subject of the complaint may not participate in any Commission activity until the complaint is resolved.
E.
Confidentiality.
(1)
A Commission member or Agency employee may not discuss a confidential matter with a person other than:
(a)
A Commission member;
(b)
An Agency employee;
(c)
The Attorney General's Office;
(d)
A witness; or
(e)
Another person authorized by law to be involved in the case.
(2)
In the case of an ex parte communication, the Commission member shall follow the provisions of State Government Article, §10-219, Annotated Code of Maryland.
Chapter annotations
Authority: State Government Article, §§9-101—9-111, 9-116, 9-123, 9-1A-01, 9-1A-02, 9-1A-04, 9-1A-24, 9-1D-01, 9-1E-01, 9-1E-04, 10-205, and 10-219, Annotated Code of Maryland
History: Effective date: April 29, 2013 (40:8 Md. R. 725)
History: Regulation .01B amended effective January 14, 2019 (46:1 Md. R. 13); May 26, 2025 (52:10 Md. R. 439)
History: Regulation .01B amended as an emergency provision effective August 5, 2021 (48:18 Md. R. 690); amended permanently effective January 13, 2022 (49:1 Md. R. 16)
History: Regulation .02 amended effective May 26, 2025 (52:10 Md. R. 439)
History: Regulation .03 amended effective January 14, 2019 (46:1 Md. R. 13); May 26, 2025 (52:10 Md. R. 439)
History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 13); May 26, 2025 (52:10 Md. R. 439)
History: Regulation .04B amended effective February 16, 2015 (42:3 Md. R. 319)
History: Regulation .05 amended effective January 14, 2019 (46:1 Md. R. 13)
History: Regulation .05 amended as an emergency provision effective August 5, 2021 (48:18 Md. R. 690); amended permanently effective January 13, 2022 (49:1 Md. R. 16)
History: Regulation .05D, E amended effective May 26, 2025 (52:10 Md. R. 439)
History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 13); May 26, 2025 (52:10 Md. R. 439)