<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 36.10.03.02" title_num="36" subtitle_num="10" chapter_num="03" heading="Qualification Requirements.">
  <paragraph num="A.">
    <text>The Commission or Agency staff may consider an applicant’s qualifications if the applicant has:</text>
    <paragraph num="(1)">
      <text>Paid the applicable nonrefundable application fee;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unless exempt, provided documentation that:</text>
      <paragraph num="(a)">
        <text>The applicant has obtained the required performance bond; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A person authorized to provide a performance bond in the State has approved the applicant for a performance bond; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Provided the Commission with all required information and documentation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission shall determine whether an applicant has presented sufficient information, documentation, and assurances to establish the following qualification criteria by clear and convincing evidence:</text>
    <paragraph num="(1)">
      <text>The applicants financial stability, integrity, and responsibility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The integrity of any financial backers, investors, mortgagees, bondholders, and holders of other evidences of indebtedness that bear a relation to the application;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The applicants good character, honesty, and integrity; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Sufficient business ability and experience.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Mandatory Disqualification. The Commission shall disqualify an applicant from licensure, or find the applicant unqualified, on the basis of:</text>
    <paragraph num="(1)">
      <text>Failure of the applicant to establish by clear and convincing evidence that the applicant and each person who owns or controls the applicant are qualified;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure of the applicant or any person required to be qualified to provide information, documentation, or assurances required by or requested by the Commission or SWARC;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Failure of the applicant or any person required to be qualified to reveal any fact material to qualification;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Supplying, by the applicant or any person required to be qualified, information that is untrue or misleading as to a material fact concerning the qualification criteria;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Conviction of the applicant or of any person required to be qualified of an offense under the laws of any jurisdiction that is a criminal offense involving moral turpitude or a gambling or sports wagering offense;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Current prosecution of the applicant or a person who is required to be qualified for an offense described under §C(5) of this regulation, provided that:</text>
      <paragraph num="(a)">
        <text>An applicant may request that the Commission defer its qualification decision during the pendency of the charge; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Commission may exercise its discretion whether to defer its qualification decision during the pendency of the charge;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Pursuit by the applicant or a person who is required to be qualified of economic gain in an occupational manner or context that violates a State law, if the pursuit creates a reasonable belief by the Commission that participation of the applicant in sports wagering operations would be inimical to the States interests;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Identification of the applicant or a person who is required to be qualified as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in a manner that creates a reasonable belief by the Commission that the association is of a nature that would be inimical to the States interests;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Commission of an act within the prior 7 years by the applicant or a person who is required to be qualified that would constitute an offense described in §C(5) of this regulation, even if the act was not, or may not be prosecuted under the criminal laws of any jurisdiction;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Willful defiance by the applicant or a person who is required to be qualified of a legislative investigatory body or other official investigatory body of the United States or a jurisdiction within the United States when the body is engaged in the investigation of crimes relating to sports wagering, gambling, official corruption, or organized crime activity; or</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Engaging in conduct that would bring the State into disrepute.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Permissive Denial. The Commission may deny a license to an applicant or find an applicant unqualified if the applicants application for a license related to sports wagering in another jurisdiction was denied, suspended, or revoked.</text>
  </paragraph>
</regulation>