# COMAR Title 36 — Maryland State Lottery and Gaming Control Agency

## Subtitle 03 — Gaming Provisions

### Chapter 02 — Investigation and Licensing

#### Regulation .12 Video Lottery Employee Licenses.

*COMAR 36.03.02.12*

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.