<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 36.03.02.01" title_num="36" subtitle_num="03" chapter_num="02" heading="Process.">
  <paragraph num="A.">
    <text>General Provisions.</text>
    <paragraph num="(1)">
      <text>Upon filing of an application for a license under this chapter other than an operation license, the applicant shall pay a nonrefundable application fee established by the Commission.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a license application must be submitted to the Commission by a particular date, the application documents shall be delivered to the Commission not later than 5 p.m. on the last day of this period, and an application submitted after the deadline may not be accepted or considered by the Commission.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An applicant may not submit an application less than 1 year after the Commission has:</text>
      <paragraph num="(a)">
        <text>Taken final action on a license denial of a previous license application involving the applicant;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Taken final action on a sanction resulting in revocation of a previous license application involving the applicant; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provided an individual with written notice of termination of a temporary license.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Applications.</text>
    <paragraph num="(1)">
      <text>Documents submitted to the Commission or the Location Commission under this chapter shall consist of an original and the number of copies required by the relevant commission and shall be in the electronic format required by the relevant commission.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Documents and information submitted to the Commission or the Location Commission in a license application shall be sworn before a notary public as to their truth and validity by the applicant or, if the applicant is not an individual, by the chief executive officer of the applicant.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Upon receipt of an application by the Commission, the Commission staff shall review the application to determine whether it contains all the information required under this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the Commission determines that the required information has not been submitted, the Commission staff shall notify the applicant in writing and state the nature of the deficiency.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>An applicant notified in accordance with §B(4) of this regulation may submit the documents necessary to complete the application not later than 15 days after issuance of the notification.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The Commission may not consider the application of an applicant who is notified in accordance with §B(4) of this regulation and who fails to submit the requested documents in a timely manner.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The Commission shall consider a timely, complete application.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Changes in Application.</text>
    <paragraph num="(1)">
      <text>If information submitted by an applicant as part of a license application changes or becomes inaccurate before the Commission acts on the application, the applicant shall immediately notify the Commission in writing of the change or inaccuracy.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>After an application has been filed by an applicant, the applicant may not amend the application except:</text>
      <paragraph num="(a)">
        <text>To address a deficiency in accordance with a notice sent under §B(4) of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>As required by the Commission or the Commission staff for clarification of information contained in the application; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>To address a change in the circumstances surrounding the application that was outside the control of the applicant and that affects the ability of the applicant to comply with the law or the regulations of the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>To amend an application under §C(2)(c) of this regulation, an applicant shall submit to the Commission a written request to amend the application, stating:</text>
      <paragraph num="(a)">
        <text>The change in the circumstances surrounding the application that necessitates the amendment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The nature of the amendment; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The reason why the amendment is necessary to bring the application into compliance with the law or the regulations of the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Commission or Commission staff shall grant or deny each request submitted under §C(3) of this regulation.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A request shall be granted if the applicant demonstrates to the satisfaction of the Commission that:</text>
      <paragraph num="(a)">
        <text>The circumstances requiring the amendment were outside the control of the applicant;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Before the change in the circumstances surrounding the application, the application complied with the pertinent provisions of the law or the regulations of the Commission; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The amendment is necessary to bring the application into compliance with the pertinent provisions of the law or the regulations of the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Except for an application for an operation license, an application for a license may be withdrawn if the:</text>
      <paragraph num="(a)">
        <text>Applicant submits a written request to the Commission to withdraw the application; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Written request is submitted before the Commission has:</text>
        <paragraph num="(i)">
          <text>Denied the application; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Terminated a temporary license.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Notice of Intended Change in Licensed Video Lottery Employee’s Employment Status.</text>
    <paragraph num="(1)">
      <text>Within 14 calendar days before a change in employment status, a licensee shall notify the Commission of the intended change in employment by submitting forms and documents required by the Commission in the manner set forth in §B of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensee submitting notification of an intended change in employment status shall comply with the application requirements and processes set forth in §B of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission shall conduct a background investigation of the individual to verify that the individual’s license remains in good standing.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>No later than 15 days after the Commission issues the notification that the individual’s license is not in good standing, the licensee shall submit:</text>
      <paragraph num="(a)">
        <text>Information, documentation, or assurances to establish, by clear and convincing evidence, that the licensee remains qualified to hold a license; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any other information, documentation, or assurances required by the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If the licensee has been separated from employment with a facility for more than 6 months and notified the Commission of an intended change in employment status, the licensee shall pay the fee for conducting a criminal history records check specified in Regulation .03B of this chapter.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The Commission may not approve a change in employment status for a video lottery employee licensee who fails to establish, by clear and convincing evidence, all license qualification criteria.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A video lottery employee may not effect a change in employment status without prior Commission approval.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Burden of Proof.</text>
    <paragraph num="(1)">
      <text>An applicant and licensee shall always bear the burden of proof to show by clear and convincing evidence that the applicant or licensee complies with the laws and regulations of the Commission regarding eligibility and qualifications for the license, including:</text>
      <paragraph num="(a)">
        <text>When an applicant submits a license application;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>At a hearing on a recommended denial of a license;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>When a video lottery employee licensee notifies the Commission of an intended change in employment status;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>At a hearing on a recommended revocation of a license; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>In any other instance where qualifications for a license issued under a provision of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, are at issue.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Subject to State Government Article, §9-1A-14(c)(8), Annotated Code of Maryland, the Commission may deny a video lottery employee license to an applicant whose past or present conduct would bring the State into disrepute.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission may deny a license to an applicant whose gaming license has been suspended or revoked in another jurisdiction.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Administrative Costs of Background Investigations.</text>
    <paragraph num="(1)">
      <text>Promptly upon receipt of an invoice from the Commission, an applicant for a license or a licensee who has notified the Commission of an intended change in employment status shall reimburse the Commission for:</text>
      <paragraph num="(a)">
        <text>The administrative costs associated with performing background investigations of the applicant, the licensee who has notified the Commission of an intended change in employment status, and any individual required to provide information under Regulation .04 of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any payments made by the Commission to a person approved by the Commission to conduct the background investigations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to reimburse the Commission shall be grounds for disqualification of an applicant or disapproval of a licensee’s change in employment status.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission may require an advance deposit from an applicant or a licensee who has notified the Commission of an intended change in employment status for the Commission’s estimate of the administrative costs of conducting the applicant’s or licensee’s background investigation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Commission shall refund any unused amount of the advance deposit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Payment and Collection. Applicants shall pay the administrative costs and fees required under this regulation by:</text>
    <paragraph num="(1)">
      <text>Wire transfer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Money order;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Certified check; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Any other manner designated by the Commission.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Continuing Obligations.</text>
    <paragraph num="(1)">
      <text>Applicants who are awarded a license shall, during the term of their licensures, conform to all of the information contained in their license applications.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If information submitted by an applicant who is issued a license changes during the term of the license, the licensee shall immediately submit written notification of the change to the Commission.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In addition to the requirements of this regulation, a holder of an operation license must also comply with the requirements of COMAR 36.03.03.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Failure to comply with the obligations of §G(1), (2), or (3) of this regulation shall be grounds for the Commission taking enforcement action against the licensee under COMAR 36.03.04.</text>
    </paragraph>
  </paragraph>
</regulation>