Chapter 07. Mandatory Exclusion

Exclude or eject an individual from the premises of a video lottery facility; and

Ensure that intoxicated individuals and individuals under the age of 21 are not allowed:

“Excluded individual” means an individual whose name and identifying information have been placed on the mandatory exclusion list.

“Mandatory exclusion list” means a list that is maintained by the Commission and identifies those individuals whom the Commission has directed be mandatorily excluded or ejected by a video lottery operation licensee from any video lottery operation licensed in the State.

Unredeemed Item.

Is a career offender;

Has been convicted of a criminal offense under the laws of the United States or any jurisdiction within the United States that is a criminal offense involving moral turpitude or a gambling offense;

Would adversely affect the interests of the State, the licensee, or the individual if the individual were to be present at a video lottery facility;

Is the subject of any administrative or judicial order directing the individual to stay away from a video lottery or other gaming facility;

Presents a threat to the safety of any individual on the premises of a video lottery facility;

Engages in, or has a documented history of engaging in, disruption of video lottery or table game play;

The Director or a facility operator has a reasonable belief has cheated, or attempted to cheat, at a facility by engaging in conduct including:

Engages in any conduct that may adversely affect public confidence in, or perception of, video lottery or table game operations in the State.

The nature of the incident;

Whether the individual was a video lottery employee licensee at the time of the incident;

If the individual was a licensee, whether the individual was working at a video lottery facility while the individual engaged in conduct described in §B of this regulation;

Whether the incident directly impacts:

The amount or type of loss to:

Whether the individual made restitution;

Whether the individual was involved in a prior incident that meets the criteria of §B of this regulation;

Whether a video lottery facility has other information the Director finds relevant; and

Any other information the Director finds relevant.

The individual’s:

Date of placement on the mandatory exclusion list;

Brief statement of the basis for placing the individual on the mandatory exclusion list; and

Any other information the Commission requires.

Evaluate the information;

Ensure that the information required under Regulation .03E of this chapter sufficiently identifies the individual; and

Decide whether to place the individual on the mandatory exclusion list.

Information used to identify an individual who may be excluded;

The factual basis for placing an individual on the mandatory exclusion list; and

An opportunity to provide the Director with information identified in Regulation .03 of this chapter.

The factual basis for placing the individual on the mandatory exclusion list;

The availability of a reconsideration meeting with the Director or the Director’s designee;

The requirements for submitting a request for a reconsideration meeting;

If a timely request for a reconsideration meeting is not submitted, the individual’s name shall be placed on a mandatory exclusion list and the name will be distributed to all facility operators in the State and be publicly available; and

That the excluded individual shall be:

An individual may submit to the Director a written request for a reconsideration meeting within 15 days of the date of the individual’s receipt of the notice described in §C of this regulation.

If an individual fails to timely submit a request under §D(1) of this regulation, the individual shall be placed on the mandatory exclusion list.

A reconsideration meeting may be held by the Director or the Director’s designee;

During a reconsideration meeting, an individual may:

The Director or the Director’s designee shall deliver to the individual by U.S. mail a written notice of the decision following the reconsideration meeting.

An individual dissatisfied with the result of a reconsideration meeting may submit a written request to the Commission for an appeal hearing.

The request for an appeal hearing shall:

If an individual fails to timely submit a written request for an appeal hearing under §D(7) of this regulation, the individual shall be placed on the mandatory exclusion list.

Upon receipt of a timely written request for an appeal hearing, the Director or the Director’s designee shall provide the individual with a notice for the appeal hearing.

If after an appeal hearing the Commission decides that the excluded individual does not meet any criteria under Regulation .03B of this chapter, the individual’s name may not be placed on the mandatory exclusion list.

If after an appeal hearing the Commission decides that the excluded individual meets any criteria under Regulation .03B of this chapter:

Good cause for removal of the individual from the list; and

A material change in the individual’s circumstances since the individual’s name was placed on the list.

Remove the individual from the mandatory exclusion list;

Deliver to the individual by U.S. mail a notice of removal from the mandatory exclusion list; and

Notify the State’s facility operators of the individual’s removal from the mandatory exclusion list.

The request for an appeal hearing shall:

If an individual fails to timely submit a written request for an appeal hearing under §F(1)(a) of this regulation, the individual shall remain on the mandatory exclusion list.

Upon receipt of a timely written request for an appeal hearing, the Director shall provide the individual with a hearing notice for a hearing.

Request was denied; and

Individual shall remain on the mandatory exclusion list.

Whether the individual is living;

Whether there are changed circumstances; or

Any other relevant information.

Play a video lottery terminal or table game; or

Be in areas of the video lottery facility where video lottery terminals or table games are located;

An excluded individual; or

An individual under the age of 21; or

Excluding or ejecting from a facility:

Ensuring that intoxicated individuals and individuals under the age of 21 are not allowed:

Goals;

Procedures and deadlines for implementation;

Identification of facility personnel responsible for implementation;

Responsibilities of facility personnel identified as responsible for implementation;

Training for facility personnel on the requirements of this chapter;

Regular monitoring of the mandatory exclusion list;

Prompt reports to the Commission about the presence on facility premises of an individual who:

Prompt reports to the Commission about an individual who is permanently excluded from the facility;

The facility’s response to the discovery of an individual who is on the mandatory exclusion list on facility property, which may include pursuing criminal charges against the individual; and

Any other element required by the Commission.

The exclusion plan required under §A of this regulation at least 60 days before video lottery terminal operations are to commence;

Any amendments to a facility’s exclusion plan prior to implementation; and

An annual report describing the operation of the facility’s exclusion plan.