Regulation .12 Video Lottery Employee Licenses.
Regulation .12 Video Lottery Employee Licenses.LinkCopy Citation
A.
General. Unless an individual holds a valid video lottery employee license that is in good standing issued by the Commission, the individual may not be employed by a licensed facility operator, manufacturer, or contractor as a video lottery employee.
B.
License Categories. The Commission may issue a video lottery employee license that is a:
(1)
Principal employee license;
(2)
Gaming employee license;
(3)
Nongaming employee license;
(4)
Temporary principal employee license; or
(5)
Temporary gaming employee license.
C.
Requirements. The Commission may issue a video lottery employee license to an individual who has or has had on their behalf:
(1)
Paid all required application and license fees;
(2)
Submitted a completed license application to the Commission;
(3)
Furnished the personal and background information required under Regulation .02 of this chapter;
(4)
Provided the documentation required under Regulation .03 of this chapter;
(5)
Executed the consent for investigation required under Regulation .04 of this chapter;
(6)
Unless exempt, obtained a bond required under Regulation .15 of this chapter;
(7)
Received at least a conditional offer of employment as a video lottery employee from a licensed facility operator, manufacturer, or contractor;
(8)
Demonstrated that within the 365 days before the application is submitted, the applicant has not served as a Commission member or been employed by the Agency;
(9)
For an applicant for a nongaming employee license, documented that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:
(a)
Obtained a bond if required under Regulation .15 of this chapter; and
(b)
Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and
(10)
Provided the Commission with sufficient information, documentation, and assurances to establish, by clear and convincing evidence, that the individual:
(a)
Except as provided in §L of this regulation, has not been mandatorily disqualified under State Government Article, §9-1A-14(c), Annotated Code of Maryland;
(b)
Has met the applicable requirements of State Government Article, §9-1A-07(c), Annotated Code of Maryland; and
(c)
Is otherwise qualified for a video lottery employee license.
D.
Application and License Fees.
(1)
For a principal employee, $5,287.25, of which the:
(a)
Application fee is $2,500;
(b)
License fee is $750;
(c)
Refundable advance deposit authorized under Regulation .01E(3) of this chapter for the administrative costs of conducting the applicant's background investigation is $2,000; and
(d)
Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.
(2)
For a gaming employee, $437.25, of which the:
(a)
Application fee is $250;
(b)
License fee is $150; and
(c)
Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.
(3)
For a nongaming employee, $187.25, of which the:
(a)
Application fee is $50;
(b)
License fee is $100; and
(c)
Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.
E.
Employment of a Video Lottery Employee Licensee.
(1)
A video lottery employee license authorizes the licensee to be employed as a principal, gaming or nongaming employee in the State.
(2)
Nothing in this chapter precludes a licensee from being employed by more than one video lottery facility or sports wagering licensee, concurrently or consecutively, while the individual’s license is in good standing.
(3)
A video lottery employee’s second or subsequent employment with a licensee or a sports wagering licensee does not change the term of the individual’s license.
(4)
Without filing an application for a sports wagering employee license, a video lottery employee may be employed by a sports wagering licensee if:
(a)
The individual will perform work for the sports wagering licensee that is comparable to work performed as a video lottery employee; and
(b)
The individual’s license is in good standing.
(5)
Under State Government Article, §9-1A-24(c)(2), Annotated Code of Maryland, a video lottery employee who is 18 to 20 years old may enter, or remain on, the gaming floor if the employee is working.
F.
A licensed video lottery employee, or temporary licensee, may not play a video lottery terminal or table game at, or receive a jackpot from, a facility:
(1)
Where the individual is employed;
(2)
That is operated by the individual's employer; or
(3)
Where the individual is currently assigned to work.
G.
A sports wagering employee who is employed as a video lottery facility employee is subject to the restrictions in:
(1)
Section F of this regulation; and
(2)
COMAR 36.10.06.07.
H.
A licensee has a continuing duty to inform the Commission of an act or omission that the licensee knows or should know constitutes a violation of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission's regulations.
I.
Term; Renewal.
(1)
The term of a video lottery employee license is 5 years from the date of initial licensure.
(2)
The Commission may stagger the terms of licenses.
(3)
Except for a sponsored principal or sponsored gaming employee, or temporary licensee, the Commission may renew the license if, before the term of the license expires, the licensee:
(a)
Applies for renewal;
(b)
Continues to comply with all licensing requirements;
(c)
Maintains employment as a video lottery employee;
(d)
Submits to a background investigation under Regulation .03 of this chapter; and
(e)
Pays the fees described in §I(4) of this regulation.
(4)
The fee required for processing a licensing renewal is:
(a)
For a principal employee, $2,787.25, of which the:
(i)
License fee is $750;
(ii)
Refundable advance deposit for administrative costs of conducting the applicant’s background investigation is $2,000; and
(iii)
Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.
(b)
For a gaming employee, $187.25, of which the:
(i)
License fee is $150; and
(ii)
Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.
(c)
For a nongaming employee, $97.25, of which the:
(i)
License fee is $60; and
(ii)
Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.
(5)
Except as provided in §H(5) of this regulation, a video lottery employee shall submit an application for renewal to the Commission at least 90 days before the video lottery employee's license expires.
(6)
A principal employee shall submit an application for renewal to the Commission at least 6 months before the principal employee's license expires.
J.
Temporary License.
(1)
The Commission may issue to a video lottery employee license applicant a temporary license to permit the individual to work legally as a video lottery employee before the Commission completes the full licensing process.
(2)
A licensed facility operator, manufacturer, or contractor may submit an application for a temporary license on behalf of an individual who is seeking a principal or gaming employee license.
(3)
An application for a temporary license shall be in a format designated by the Commission and shall include:
(a)
A completed application for a principal or gaming employee license;
(b)
Payment of the fees required under §D of this regulation;
(c)
Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:
(i)
Obtained a bond if required under Regulation .15 of this chapter; and
(ii)
Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and
(d)
Documentation that the applicant has acknowledged, in writing, that the State is not financially responsible for any consequences resulting from termination of a temporary license under State Government Article, §9-1A-14(d)(4), Annotated Code of Maryland.
(4)
The Commission may grant a temporary license after:
(a)
Receiving all items required under §I(3) of this regulation; and
(b)
Performing on the individual a:
(i)
Criminal background investigation under Regulation .03 of this chapter; and
(ii)
Financial stability investigation.
(5)
A temporary license:
(a)
Expires 180 days after the date of issue; and
(b)
May be extended by the Commission for one period of 180 days.
(6)
A temporary license may not be issued if:
(a)
An applicant has an immediately known present or prior activity, criminal record, reputation, habit, or association that would disqualify the applicant from holding a video lottery employee license under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or regulations promulgated under that subtitle;
(b)
An applicant poses a serious imminent risk of harm to the integrity, security, or profitability of the State's video lottery terminal or table game operations; or
(c)
There are reasonable grounds to believe that the applicant will not be able to establish the applicant's qualifications by clear and convincing evidence under State Government, §9-1A-07, Annotated Code of Maryland.
(7)
By written notice to a temporary licensee, Commission staff may terminate, without a hearing and without following the denial process under Regulation .16 of this chapter, the temporary license of an applicant for:
(a)
Failure to pay a required fee;
(b)
Failure to submit required documentation to Commission staff within 30 days of submitting the application;
(c)
Failure to comply with a request of Commission staff;
(d)
Engaging in conduct that obstructs Commission staff from completing the applicant's background investigation; or
(e)
Violating any provision of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission's regulations.
(8)
Commission staff's written notice of termination of a temporary license is the final action of the Commission.
(9)
If, during the course of conducting an applicant's background investigation, Commission staff reasonably believes there is a basis for recommending that the application for a video lottery employee license be denied, Commission staff shall:
(a)
Notify the temporary licensee; and
(b)
Follow the process for denial of a license under Regulation .16 of this chapter.
K.
Relinquishment of a License.
(1)
An individual who is licensed as a video lottery employee may relinquish the license.
(2)
A licensee shall relinquish a license in writing by submitting to Agency staff a document that:
(a)
Includes the licensee’s name and date of request;
(b)
Clearly expresses the individual’s desire to knowingly and voluntarily relinquish, end, or otherwise give up the individual’s licensure; and
(c)
Gives a reason for the request.
(3)
Agency staff may accept a relinquishment request that is consistent with §K(2) of this regulation.
(4)
Agency staff shall update the Agency’s records to show the voluntary relinquishment.
(5)
By submitting a written relinquishment request of a video lottery employee license under §K(2) of this regulation, the individual acknowledges that:
(a)
The State is not financially responsible for any consequences resulting from the relinquishment of the individual’s license;
(b)
Regardless of relinquishment, the Agency shall maintain an individual’s licensing records, to which public access is governed by General Provisions Article, §4-201, et seq., Annotated Code of Maryland;
(c)
Although relinquishment ends an individual’s obligation to comply with the Commission’s licensing requirements, relinquishment does not change or affect any other obligation.
(6)
Agency staff may deny a relinquishment request from an individual who is not in good standing.
(7)
An individual who has relinquished a video lottery employee license may request that the Commission return the license to active status, and the Commission may require the individual to:
(a)
Submit fingerprint cards; and
(b)
Provide any other information that staff requires.
L.
Exemption from Mandatory Disqualification.
(1)
Definition. In this section, “problem-solving court” means:
(a)
A judiciary program under the Office of Problem-Solving Courts of the Maryland Administrative Office of the Courts; or
(b)
A program from another state that:
(i)
Provides a collaborative, therapeutic, nonadversarial approach to judicial supervision of eligible offenders; and
(ii)
Is comparable to a judiciary program described in §L(1)(a) of this regulation.
(2)
Except for a crime involving gambling, an applicant for a video lottery employee license is not disqualified from licensure under State Government Article, §9-1A-14(c)(1)(iii) or (iv), Annotated Code of Maryland, for a nonviolent misdemeanor offense for which the applicant has:
(a)
Been convicted or is on active parole, probation, or prosecution; and
(b)
Participated in and completed a problem-solving court program described in §L(1) of this regulation.
(3)
An applicant shall provide the Commission with documentation to verify the applicant’s exemption from disqualification under §L(2) of this regulation.