<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 36.03.10.10" title_num="36" subtitle_num="03" chapter_num="10" heading="Table of Organization.">
  <paragraph num="A.">
    <text>For the purposes of this regulation, the title used to describe a department head is intended to indicate responsibility for the functions of the enumerated department and does not obligate the facility operator to the use of that particular title.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Subject to the requirements of this regulation, a facility operator shall tailor its table of organization to meet its needs and policies.</text>
  </paragraph>
  <paragraph num="C.">
    <text>At least 30 days before video lottery terminal or table game operations are to commence, a facility operator shall submit to the Commission for review and written approval a table of organization depicting all direct and indirect reporting lines for:</text>
    <paragraph num="(1)">
      <text>The chief executive officer required under §E(5) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Mandatory departments required under §E(6) of this regulation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The cashiers’ cage manager required under §M of this regulation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Employees authorized to verify credit applications under Regulation .25 of this chapter; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Employees authorized to extend credit or to approve credit limit increases under Regulation .24 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A facility operator may not commence operations until the table of organization submitted under §C of this regulation is approved in writing by the Commission.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A facility operator’s table of organization shall include:</text>
    <paragraph num="(1)">
      <text>A system of personnel and chain of command which permits management and supervisory personnel to be held accountable for actions or omissions within their areas of responsibility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The segregation of incompatible functions, duties, and responsibilities so that no individual is in a position to both:</text>
      <paragraph num="(a)">
        <text>Commit an error or to perpetrate a fraud; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Conceal the error or fraud in the normal course of the individual’s duties;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>All functions, duties, and responsibilities of qualified personnel;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Areas of responsibility which are not so extensive as to be impractical for one individual to monitor;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A chief executive officer:</text>
      <paragraph num="(a)">
        <text>Based for employment purposes at the facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Licensed as a principal employee; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ultimately responsible for the daily conduct of all operations at the facility; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>The following mandatory departments and supervisors:</text>
      <paragraph num="(a)">
        <text>A surveillance department supervised by a director of surveillance:</text>
        <paragraph num="(i)">
          <text>Based for employment purposes at the facility;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Subject to the reporting requirements of §G of this regulation;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Licensed as a principal employee; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Responsible for the surveillance of all aspects of video lottery terminal and table game operations;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>An internal audit department supervised by a director of internal audit:</text>
        <paragraph num="(i)">
          <text>Based for employment purposes at the facility;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Subject to the reporting requirements of §G of this regulation;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Licensed as a principal employee; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Responsible for assessing compliance with approved internal controls, applicable laws and regulations, the reliability of financial reporting, deterring and investigating fraud, and the safeguarding of assets;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>An information technology department supervised by a director of information technology:</text>
        <paragraph num="(i)">
          <text>Based for employment purposes at the facility;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Licensed as a principal employee; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Responsible for the quality, reliability, accuracy, and security of all video lottery systems and associated equipment and software utilized by the facility operator regardless of whether the data, software, or systems are located in or outside the facility;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>A security department supervised by a director of security:</text>
        <paragraph num="(i)">
          <text>Based for employment purposes at the facility;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Licensed as a principal employee; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Responsible for the overall security of the facility;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>An accounting department supervised by a director of finance:</text>
        <paragraph num="(i)">
          <text>Based for employment purposes at the facility;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Licensed as a principal employee; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Responsible for all accounting and finance functions including the control and supervision of the cashiers' cage, satellite cages, and count room; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>A gaming operations department supervised by a director of gaming operations:</text>
        <paragraph num="(i)">
          <text>Based for employment purposes at the facility;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Licensed as a principal employee; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Responsible for the operation and conduct of gaming at video lottery terminals and table games.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Nothing in this regulation shall preclude a facility operator from establishing a video lottery terminals and table games department supervised by a director of video lottery terminal operations and a director of table games operation.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The director of surveillance and the director of internal audit required under §E(6) of this regulation shall be independent of the chief executive officer regarding matters of policy, purpose, responsibility, and authority and shall report directly to an:</text>
    <paragraph num="(1)">
      <text>Individual based for employment purposes at the facility with no incompatible functions; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Audit committee of:</text>
      <paragraph num="(a)">
        <text>The facility operator; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A Commission-authorized licensed affiliate of the facility operator.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The individual or audit committee to whom the director of surveillance and the director of internal audit report under §G of this regulation shall also control the hiring, termination, and salary of the director.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The director of surveillance and the director of internal audit may report to the chief executive officer with regard to daily operations.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Mandatory departments and the supervisors over them shall cooperate with, yet perform independently of, all other mandatory departments and supervisory positions.</text>
  </paragraph>
  <paragraph num="K.">
    <text>A facility operator may designate more than one individual to serve jointly as the director of a mandatory department required by §E of this regulation.</text>
  </paragraph>
  <paragraph num="L.">
    <text>A joint director of a mandatory department under §K of this regulation shall be:</text>
    <paragraph num="(1)">
      <text>Based for employment purposes at the facility; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Individually and jointly accountable and responsible for the operation of the department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="M.">
    <text>A department that is not mandatory may operate under, or in conjunction with, a mandatory department where the table of organization is consistent with the requirements of §E of this regulation.</text>
  </paragraph>
  <paragraph num="N.">
    <text>A facility operator’s cashiers’ cage manager shall be licensed as a principal employee.</text>
  </paragraph>
  <paragraph num="O.">
    <text>Unless another principal employee required by this regulation is present at the facility, on any shift for which the cashiers’ cage manager is not present in the facility, the cashiers’ cage shift manager responsible for the cashiers’ cage shall be licensed as a principal employee.</text>
  </paragraph>
  <paragraph num="P.">
    <text>A facility operator may not implement a change in the table of organization approved by the Commission under §D of this regulation without the prior written approval of the Commission.</text>
  </paragraph>
  <paragraph num="Q.">
    <text>A facility operator shall ensure that an individual employed at the facility is trained in the policies, procedures, and internal controls relevant to the individual’s function.</text>
  </paragraph>
  <paragraph num="R.">
    <text>Vacancy. If there is a vacancy in the chief executive officer position or any mandatory department director position required by §E of this regulation, the following shall apply:</text>
    <paragraph num="(1)">
      <text>No later than 5 days after the date of a vacancy, a facility operator shall notify the Commission in writing of:</text>
      <paragraph num="(a)">
        <text>The vacant position;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date on which the position will become or became vacant; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The date on which the facility operator anticipates that the vacancy will be filled on a permanent basis;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>No later than 30 days after the date of a vacancy, a facility operator shall fill the vacant position on a temporary basis;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>No later than 120 days after the original date of the vacancy, a facility operator shall fill the vacant position on a permanent basis; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>No later than 5 days after filling a vacancy, a facility operator shall notify the Commission in writing of:</text>
      <paragraph num="(a)">
        <text>The vacant position filled;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name of the individual designated to fill the position;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The date that the vacancy was filled; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Whether the vacancy has been filled on a temporary or permanent basis.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>