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<regulation prefix="Regulation" num=".07" citation="COMAR 36.03.10.07" title_num="36" subtitle_num="03" chapter_num="10" heading="Annual Audit and Other Regulatory Reports.">
  <paragraph num="A.">
    <text>A facility operator shall cause its annual financial statements to be audited in accordance with generally accepted auditing standards by an independent certified public accountant.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The annual financial statements shall be:</text>
    <paragraph num="(1)">
      <text>Prepared on a comparative basis for the current and prior fiscal year and present financial position and results of operations in conformity with generally accepted accounting principles in the United States; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the revenue and assets of the Maryland facility operator operations are less than 75 percent of the combined total of the operator’s parent, Maryland specific audited annual financial statements of the facility operator revenue and assets.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The audited financial statements shall include a footnote reconciling and explaining any difference between the financial statements included in any report submitted to the Commission under Regulation .06 of this chapter and the audited financial statements.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A facility operator shall with regard to adjustments resulting from the annual audit:</text>
    <paragraph num="(1)">
      <text>Disclose to the Commission all adjustments whether or not recorded in the accounting records; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Record the adjustment in the accounting records of the year to which the adjustment relates.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>No later than 90 days after the end of its fiscal year, a facility operator shall submit to the Commission:</text>
    <paragraph num="(1)">
      <text>A copy of its audited financial statements; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any management letter or report prepared with regard to the financial statements by its independent certified public accountant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A facility operator shall require the independent certified public accountant auditing its financial statements or other qualified entity approved by the Commission to render the following additional reports:</text>
    <paragraph num="(1)">
      <text>A report identifying:</text>
      <paragraph num="(a)">
        <text>Material weaknesses or significant deficiencies in the facility operator’s Commission-approved internal controls noted in the course of the examination of the financial statements; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Recommendations as to how to eliminate each material weakness or significant deficiency identified; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A report assessing the adequacy and effectiveness of the facility operator’s information technology security controls and system configurations with recommendations as to how to eliminate each material weakness or significant deficiency identified.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A facility operator shall prepare a written response to the reports required by §F of this regulation which includes details as to any corrective action taken.</text>
  </paragraph>
  <paragraph num="H.">
    <text>No later than 120 days after the end of its fiscal year, a facility operator shall submit to the Commission a copy of:</text>
    <paragraph num="(1)">
      <text>The reports required under §F of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The response required under §G of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any other report on internal controls or other matters relative to its accounting or operating procedures rendered by its independent certified public accountant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>If a facility operator or any of its affiliates are publicly held, the facility operator shall submit to the Commission a copy of:</text>
    <paragraph num="(1)">
      <text>Any report required to be filed with the Securities and Exchange Commission including:</text>
      <paragraph num="(a)">
        <text>Form S-1;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Form 8-K;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Form 10-Q;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Form 10-K;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Proxy statement;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Information statement; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Registration statement; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Any other report required to be filed with a domestic or foreign securities regulatory agency.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>A report required to be filed under §I of this regulation shall be submitted to the Commission no later than 10 days after the date of filing with the applicable agency.</text>
  </paragraph>
  <paragraph num="K.">
    <text>A facility operator shall submit a written report to the Commission if an independent certified public accountant who is engaged as the principal accountant to audit its financial statements:</text>
    <paragraph num="(1)">
      <text>Resigns;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is dismissed as the facility operator’s principal accountant; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is replaced by another independent certified public accountant as principal accountant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>A report required to be filed under §K of this regulation shall include:</text>
    <paragraph num="(1)">
      <text>The date of the resignation, dismissal, or new engagement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Whether in connection with the audits of the 2 most recent years preceding a resignation, dismissal, or new engagement there were any disagreements, resolved or unresolved, with the former accountant on:</text>
      <paragraph num="(a)">
        <text>Accounting principles or practices;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Financial statement disclosure; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Auditing scope or procedure;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The nature of any disagreement disclosed in §L(2) of this regulation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Whether the principal accountant’s report on the financial statements for either of the past 2 years contained an adverse opinion or disclaimer of opinion or was qualified;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The nature of any adverse opinion, disclaimer of opinion, or qualification; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A letter from the former principal accountant addressed to the Commission stating whether the principal accountant concurs with the statements made by the facility operator in the report to the Commission submitted under this section.</text>
    </paragraph>
  </paragraph>
  <paragraph num="M.">
    <text>A report required to be filed under §K of this regulation shall be submitted to the Commission no later than 10 days after the end of the month in which the resignation, dismissal, or new engagement occurred.</text>
  </paragraph>
  <paragraph num="N.">
    <text>No later than 7 days after the date of filing with the Financial Crimes Enforcement Network, a facility operator shall provide the Commission with access to each Suspicious Activity Report-Casino filed under 31 CFR §103.21.</text>
  </paragraph>
  <paragraph num="O.">
    <text>A facility operator or a director, officer, employee, or agent of a facility operator who reports suspicious activity under 31 CFR §103.21 may not notify an individual involved in the suspicious activity that the suspicious activity has been reported.</text>
  </paragraph>
  <paragraph num="P.">
    <text>No later than 7 days after the date of filing with the Financial Crimes Enforcement Network, a facility operator shall provide the Commission  with access to each Currency Transaction Report by Casino filed under 31 CFR §103.22.</text>
  </paragraph>
  <paragraph num="Q.">
    <text>At least 30 days before video lottery terminal operations are to commence, a facility operator shall submit to the Commission a copy of its compliance program required under 31 CFR §103.64.</text>
  </paragraph>
  <paragraph num="R.">
    <text>On or before the effective date, a facility operator shall submit to the Commission any change or amendment to its compliance program required under 31 CFR §103.64.</text>
  </paragraph>
</regulation>