Chapter 06. Specific Requirements for Other Licenses Required for Sports Wagering
Regulation .01 Scope.LinkCopy Citation
A.
This chapter contains the licensing requirements for a person in a licensing category in State Government Article, §9-1E-05(a)(2), (3), or (4) and (b), Annotated Code of Maryland.
B.
The Commission may issue a license to a person covered in this chapter without requiring an applicant to submit an application to, or be awarded a license by, the SWARC.
C.
Unless context dictates otherwise, applicants and licensees under COMAR 36.10.06 are subject to, and shall comply with, the processes and requirements in:
(1)
COMAR 36.10.02; and
(2)
COMAR 36.10.03.
D.
The Commission may issue a license that is:
(1)
An online sports wagering operator;
(2)
A sports wagering facility operator;
(3)
A sports wagering contractor; or
(4)
A sports wagering employee.
Regulation .02 Online Sports Wagering Operator License.LinkCopy Citation
A.
Unless a person holds a valid online sports wagering operator license issued by the Commission, the person may not conduct, offer, or operate online sports wagering on behalf of a mobile sports wagering licensee.
B.
The Commission may issue an online sports wagering operator license to an applicant that meets all applicable licensing requirements for a mobile sports wagering licensee under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and the Commissions regulations.
C.
An online sports wagering operator license authorizes a licensee to contract with a mobile sports wagering licensee to conduct online sports wagering on behalf of the mobile sports wagering licensee.
D.
An applicant for an online sports wagering operator license shall:
(1)
Pay a nonrefundable application fee of $25,000;
(2)
Provide evidence of a performance bond in the amount of $1,500,000;
(3)
If not covered under the online sports wagering licensee’s performance bond for which the sports wagering facility operator licensee is conducting sports wagering, obtain the same performance bond amount that is required for that sports wagering facility license class as provided in COMAR 36.10.05;
(4)
Meet all license application requirements under COMAR 36.10.02; and
(5)
Meet all qualification requirements under COMAR 36.10.03.
E.
In this regulation, license, licensee and applicant refers to the online sports wagering operator licensee or applicant.
F.
Agency staff shall determine whether the applicant has met applicable technical and operational requirements for a license, and determine whether it meets the Commission’s requirements for:
(1)
Payment of the application fee as set forth in §D of this regulation;
(2)
Evidence of a performance bond in the amount as set forth in §D of this regulation;
(3)
Fees and qualification requirements under COMAR 36.10.02 and 36.10.03;
(4)
Hours of operation;
(5)
Technical specifications;
(6)
Internal controls under COMAR 36.10.13;
(7)
Sports wagering platform;
(8)
Sports wagering equipment;
(9)
Sports wagering data information center;
(10)
Types of sporting event wagers to be offered;
(11)
Testing and controlled demonstrations;
(12)
Applicants employees are:
(a)
Licensed as sports wagering employees; and
(b)
Trained in the performance of their responsibilities;
(13)
Applicants preparations to conduct secure sports wagering; and
(14)
Applicant has complied with any additional pre-commencement conditions imposed by the Commission.
G.
Commission staff may issue a license to an applicant it has determined is qualified under §F of this regulation.
H.
Application for an Additional Online Sports Wagering Operator License.
(1)
An online sports wagering operator may conduct online sports wagering on behalf of more than one mobile sports wagering licensees.
(2)
For an online sports wagering operator licensee that applies for a second, or successive, license with a different mobile sports wagering licensee within the term of an existing license that is in good standing, the applicant shall:
(a)
Submit an application to the Commission; and
(b)
Meet the requirements of §D of this regulation.
(3)
The Commission’s approval of online sports wagering operator’s qualifications is valid for 5 years from the date that the Agency issues the online sports wagering operator license.
(4)
Staff may issue additional online sports wagering operator licenses to a qualified licensee.
(5)
If the existing term of an online sports wagering operator license is not expired, Agency staff may:
(a)
Allow the online sports wagering operator to submit an abbreviated license application for an additional location in a form specified by the Commission;
(b)
Qualify the online sports wagering operator for an additional operator license; and
(c)
If no problems are identified, issue an additional license without necessity of a qualification hearing.
I.
Renewal. An online sports wagering operator license may be renewed by the Commission if the licensee:
(1)
Submits an application for renewal to the Commission at least 1 year before the license expires;
(2)
Continues to comply with all licensing requirements, including obtaining a performance bond for the renewal term;
(3)
Submits to a background investigation under COMAR 36.10.02, and pays all associated fees; and
(4)
Pays a license renewal fee of $25,000 for each online sports wagering operator license for which it seeks renewal.
Regulation .03 Sports Wagering Facility Operator License.LinkCopy Citation
A.
Unless a person holds a valid sports wagering facility operator license issued by the Commission, the person may not conduct, offer, or operate sports wagering at a sports wagering facility on behalf of a sports wagering facility licensee under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.
B.
The Commission may issue a sports wagering facility operator license to an applicant that meets all applicable licensing requirements for a sports wagering facility under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and the Commissions regulations.
C.
A sports wagering facility operator license authorizes a licensee to contract with a sports wagering facility licensee to conduct, offer, or operate sports wagering at a sports wagering facility on behalf of a sports wagering facility licensee.
D.
An applicant for a sports wagering facility operator license shall:
(1)
Pay a nonrefundable application fee of $25,000;
(2)
If not covered under the sports wagering facility licensee’s performance bond for which the sports wagering facility operator licensee is conducting sports wagering, obtain the same performance bond amount that is required for that sports wagering facility license class set forth in COMAR 36.10.04;
(3)
Meet all license application requirements under COMAR 36.10.02; and
(4)
Meet all qualification requirements under COMAR 36.10.03.
E.
In this regulation, license, licensee, and applicant refer to the sports wagering facility operator licensee or applicant.
F.
Agency staff shall determine whether the applicant has met applicable technical and operational requirements, and determine whether it meets the Commission’s requirements for:
(1)
Payment of the application fee as set forth in §D of this regulation;
(2)
Evidence of securing a performance bond for the benefit of the Agency and the State in the amount as set forth in §D of this regulation;
(3)
Fees and qualification requirements under COMAR 36.10.02 and 36.10.03;
(4)
Hours of operation;
(5)
Technical specifications;
(6)
Internal controls under COMAR 36.10.13;
(7)
Sports wagering platform;
(8)
Sports wagering equipment;
(9)
Sports wagering operations;
(10)
Types of sporting event wagers to be offered;
(11)
Testing and controlled demonstrations;
(12)
Applicants employees are:
(a)
Licensed as sports wagering employees; and
(b)
Trained in the performance of their responsibilities;
(13)
Applicants preparations to conduct secure sports wagering; and
(14)
Applicant has complied with any additional pre-commencement conditions imposed by the Commission.
G.
Commission staff may issue a license to an applicant it has determined is qualified under §F of this regulation.
H.
A sports wagering facility operator licensee:
(1)
Is subject to all the requirements for the sports wagering facility licensee for which it operates sports wagering; and
(2)
May perform for a sports wagering facility licensee:
(a)
The same operations and functions that the sports wagering facility licensee is authorized to perform; and
(b)
Only at the facility where the sports wagering facility licensee is authorized to offer sports wagering.
I.
Application for an Additional Sports Wagering Facility Operator License.
(1)
A sports wagering facility operator may apply for a sports wagering facility operator license for more than one sports wagering facility licensee.
(2)
A licensee that applies to be an operator for more than one sports wagering facility licensee shall:
(a)
Submit an application to the Commission; and
(b)
Meet the requirements of Regulation .02D of this chapter.
(3)
If the existing sports wagering facility operator license term is not expired, staff may:
(a)
Allow the sports wagering facility operator to submit an abbreviated license application in a form specified by the Commission;
(b)
Use the background investigation of the licensees existing license to qualify the sports wagering facility operator for a subsequent operator license; and
(c)
If no problems are identified, issue an additional license without necessity of a qualification hearing.
J.
Renewal. Agency staff may renew a sports wagering facility operator license if the licensee:
(1)
Submits an application for renewal to the Commission at least 1 year before the license expires;
(2)
Continues to comply with all licensing requirements, including obtaining a performance bond for the renewal term;
(3)
Submits to a background investigation under COMAR 36.10.02; and
(4)
Submits a license renewal fee of $25,000 for each sports wagering facility operator license for which it seeks renewal.
Regulation .04 Sports Wagering Contractor Licenses.LinkCopy Citation
A.
In this regulation, license, licensee, and applicant refer to the sports wagering contractor licensee or applicant.
B.
Unless a person holds a valid sports wagering contractor license issued by the Commission, the person may not conduct, offer, or operate sports wagering contractor services for a sports wagering licensee under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.
C.
The Commission may issue a sports wagering contractor license to an applicant that meets all applicable licensing requirements for a sports wagering contractor under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and the Commissions regulations.
D.
If a sports wagering licensee under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, engages a person to provide services as a sports wagering contractor, the person shall meet the requirements of this regulation.
E.
A sports wagering contractor license authorizes a licensee to contract with a sports wagering licensee to conduct, offer, or operate sports contractor services for a sports wagering licensee.
F.
All sports wagering contractor applicants and licensees shall meet the license requirements specified for a sports wagering contractor in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and COMAR 36.03.02.14, and unless context dictates otherwise:
(1)
COMAR 36.10.02;
(2)
COMAR 36.10.03; and
(3)
This regulation.
G.
Application and License Fees.
(1)
For a Tier 1 sports wagering contractor, the:
(a)
Application fee is $1,500;
(b)
License fee is $2,500; and
(c)
Background investigation deposit is $2,000.
(2)
For a Tier 2 sports wagering contractor, the:
(a)
Application fee is $750;
(b)
License fee is $800; and
(c)
Background investigation deposit is $2,000.
H.
Renewal. The Commission may renew the license if the licensee:
(1)
Submits an application for renewal to the Commission at least 1 year before the license expires;
(2)
Continues to comply with all licensing requirements;
(3)
Submits to a background investigation under COMAR 36.10.02; and
(4)
Pays a license renewal fee.
I.
Exemptions from Certain Requirements. A sports wagering contractor is exempt from:
(1)
Except as provided in §K of this regulation, if a sports wagering contractor is covered by the performance bond of the sports wagering licensee with which it contracts, bond requirements; and
(2)
Unless the sports wagering contractor is engaged under a management agreement or as a lessee or tenant, labor peace agreement requirements under State Government Article, §9-1E-07(6)(e)(v), Annotated Code of Maryland.
J.
If a sports wagering contractor is not covered by the performance bond of the sports wagering licensee with which it contracts, the Commission may require a performance bond in an amount that relates to the work performed by the sports wagering contractor.
K.
Independent Evaluator.
(1)
In addition to complying with requirements for all applicants for a Tier 1 sports wagering contractor license, an applicant for a Tier 1 contractor license that is an independent evaluator:
(a)
Shall have demonstrated experience and expertise in evaluating and rating sports wagering content;
(b)
Shall have an audit process constructed and maintained by in-house, licensed certified public accountants;
(c)
Shall have evaluation and rating procedures that are unable to be adjusted, duplicated, or altered by the persons subject to evaluation;
(d)
May not have any direct or indirect financial interest, ownership, or management, including holding any stocks, bonds, or other similar financial interests in any sports wagering activities;
(e)
May not receive or share in, directly or indirectly, the receipts or proceeds of any sports wagering activities; and
(f)
May not have any revenue-sharing relationship with, or other financial interest in, a sports wagering licensee or sports wagering operator.
(2)
Notwithstanding any other requirement in COMAR 36.10, the Commission may require a performance bond in an amount that relates to the work performed by the independent evaluator.
(3)
Prohibition on Wagering.
(a)
A wager on a sporting event may not be placed by an independent evaluator or a person that is:
(i)
Regardless of percentage of ownership, a legal or beneficial owner of an independent evaluator;
(ii)
Regardless of compensation amount or type, an employee of an independent evaluator;
(iii)
An affiliate of an independent evaluator;
(iv)
A person that provides a paid or free service to an independent evaluator that is related to sports wagering; or
(v)
An agent or representative of an independent evaluator.
(b)
A wager on a sporting event may not be placed by:
(i)
An immediate family member or affiliate of a person described in §K(3)(a) of this regulation; or
(ii)
A person that Agency staff determines would, if the person wagered, compromise the independence of an independent evaluator.
(4)
Compensation of independent evaluator.
(a)
Except as provided in §K(4)(b) of this regulation, an independent evaluator may not be compensated by a sports wagering licensee that utilizes the independent evaluator’s evaluation services solely for marketing materials.
(b)
A sports wagering licensee that advertises in the State may contract with a licensed independent evaluator to evaluate and rate the licensee’s:
(i)
Sports wagering content;
(ii)
Sports wagering influencers; and
(iii)
Content partners.
(5)
Required Submission. For every person described in §K(3) of this regulation, an applicant for licensure as an independent evaluator shall submit to Agency staff documentation that:
(a)
Identifies the person;
(b)
Explains the means by which the applicant will notify the person of the prohibition; and
(c)
Attests that the submission is accurate and complete to the best of the knowledge of the authorized individual who signed the attestation.
(6)
Issuance of License. Agency staff may issue a license for a Tier 1 contractor that is an independent evaluator.
Regulation .05 Sports Wagering Employee Licenses.LinkCopy Citation
A.
Unless a person holds a valid sports wagering employee license issued by the Commission, the person may not be employed by a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor to perform functions or provide services related to sports wagering under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.
B.
The Commission may issue a sports wagering employee license to an applicant that meets all applicable licensing requirements for a sports wagering employee under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and the Commissions regulations.
C.
All sports wagering employee applicants and licensees shall meet the license requirements specified for a sports wagering employee in this regulation.
D.
Categories.
(1)
The Commission may issue a sports wagering employee license that is a:
(a)
Principal employee license;
(b)
Wagering employee license;
(c)
Non-wagering employee license;
(d)
Temporary principal employee license; or
(e)
Temporary wagering employee license.
(2)
Agency staff may issue a sports wagering employee license to an individual who has, or has had on their behalf:
(a)
Paid all required application and license fees;
(b)
Submitted a completed license application to the Commission;
(c)
Provided all personal and background information required under COMAR 36.10.02 and 36.10.03;
(d)
Provided all documentation required by the Commission;
(e)
Executed the consent for investigation required under COMAR 36.10.02;
(f)
Received at least a conditional offer of employment as a sports wagering employee from a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor;
(g)
For an applicant for a non-wagering employee license, documented that the applicant has obtained an offer of at least conditional employment from a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, and that the employer, or potential employer, has:
(i)
Obtained a performance bond if required under COMAR 36.10.04, COMAR 36.10.05, or COMAR 36.10.06; and
(ii)
Performed, at a minimum, a Social Security database check, criminal history check, employment verification, and national database search;
(h)
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; and
(i)
Provided the Commission with sufficient information, documentation, and assurances to establish, by clear and convincing evidence, that the individual:
(i)
Meets the qualification requirements in COMAR 36.10.03; and
(ii)
Is otherwise qualified for a sports wagering employee license.
E.
The Commission may exempt a sports wagering employee from the performance bond requirement if the employee is:
(1)
Covered under another bond that the Commission deems adequate to protect public interests; or
(2)
Employed in a capacity for which the Commission determines the performance bond is not necessary to protect the public interest.
F.
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 for the administrative costs of conducting the background investigation $2,000; and
(d)
Required fee for conducting a criminal history records check specified in COMAR 36.10.02 is $37.25.
(2)
For a wagering 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 COMAR 36.10.02 is $37.25.
(3)
For a non-wagering 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 COMAR 36.10.02, which is $37.25.
Regulation .06 Employment of a Sports Wagering Employee.LinkCopy Citation
A.
A sports wagering employee license authorizes the licensee to be employed in the State as:
(1)
A principal employee;
(2)
A wagering employee; or
(3)
A non-wagering employee.
B.
A sports wagering employee may be employed concurrently or consecutively by more than one sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor while the individuals license is in good standing.
C.
If a sports wagering employee becomes employed by a video lottery operator as a video lottery employee, and will perform work that is comparable to work the individual is authorized to perform as a sports wagering employee, then the individual is not required to file an application for a video lottery employee license provided the individuals license is in good standing.
D.
A wagering or nonwagering employee who is 18 to 20 years old may enter or remain in a restricted area if the employee is working.
E.
A sports wagering employees employment with more than one employer does not change the individuals five-year license term.
F.
A sports wagering employee shall submit a report to the Commission of any change in the individuals employment status:
(1)
As soon as practicable before the change;
(2)
In a form or format specified by the Commission; and
(3)
As provided in COMAR 36.10.02.03D.
Regulation .07 Restrictions on Wagering.LinkCopy Citation
A.
A sports wagering employee may not engage in sports wagering, or receive winnings from:
(1)
A sports wagering facility:
(a)
Where the individual is employed or assigned to work; or
(b)
That is operated, owned, or controlled by the individuals employer;
(2)
Using a mobile application that is owned, operated, maintained, repaired, or otherwise serviced, by the individuals employer; or
(3)
A video lottery facility where the individual is employed or assigned to work that:
(a)
The Commission has licensed as a sports wagering facility; or
(b)
That is operated as a sports wagering facility by a sports wagering facility operator licensee.
B.
A video lottery facility employee who is employed as sports wagering employee is subject to the restrictions in:
(1)
§A of this regulation; and
(2)
COMAR 36.03.02.12F and G.
Regulation .08 Renewal.LinkCopy Citation
A.
Except for a temporary licensee, the Commission may renew the sports wagering employee license if, before expiration of the term of the license, the licensee:
(1)
Applies for renewal and pays the renewal fee in §B of this regulation;
(2)
Continues to comply with all licensing requirements;
(3)
Maintains employment as a sports wagering employee;
(4)
Submits to a background investigation under COMAR 36.10.02; and
(5)
Pays the background investigation fee required in COMAR 36.10.02.
B.
The fee required for the Commission to process a licensing renewal is:
(1)
For a principal employee, $2,787.25, of which the:
(a)
License fee is $750;
(b)
Refundable advance deposit for administrative costs of conducting the applicant’s background investigation is $2,000; and
(c)
Required fee for conducting a criminal history records check is $37.25;
(2)
For a wagering employee, $187.25, of which the:
(a)
License fee is $150; and
(b)
Required fee for conducting a criminal history records check, which is $37.25; and
(3)
For a non-wagering employee, $97.25, of which the:
(a)
License fee is $60; and
(b)
Required fee for conducting a criminal history records check, which is $37.25.
C.
Except for a principal employee, a sports wagering employee shall submit an application for renewal to the Commission at least 90 days before the license expires.
D.
A principal employee shall submit an application for renewal to the Commission at least 6 months before the principal employee’s license expires.
Regulation .09 Temporary Sports Wagering Employee License.LinkCopy Citation
A.
The Commission may issue to a sports wagering employee license applicant a temporary license to authorize the individual to work legally as a sports wagering employee before the Commission completes the full licensing process.
B.
A licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor may submit an application for a temporary license on behalf of an individual who is seeking a principal or wagering employee license.
C.
An application for a temporary license shall be in a format designated by the Commission and shall include:
(1)
A completed application for a principal or wagering employee license;
(2)
Payment of the fees required under Regulation .05F of this chapter;
(3)
Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor and that the employer has:
(a)
If required under COMAR 36.10.04.03—36.10.04.06, COMAR 36.10.05.02, or COMAR 36.10.06.02—36.10.06.04, obtained a performance bond; and
(b)
Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and
(4)
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.
D.
The Commission may grant a temporary license after:
(1)
Receiving all items required under §C(3) of this regulation; and
(2)
Performing on the individual a:
(a)
Criminal background investigation under COMAR 36.10.02; and
(b)
Financial stability investigation.
E.
A temporary license:
(1)
Expires 180 days after the date of issue; and
(2)
May be extended by the Commission for one period of 180 days.
F.
A temporary license may not be issued if:
(1)
An applicant has an immediately known present or prior activity, criminal record, reputation, habit, or association that would disqualify the applicant from holding a sports wagering employee license under State Government Article, Title 9, Subtitle 1A or Subtitle 1E, Annotated Code of Maryland, or the Commissions regulations;
(2)
An applicant poses a serious imminent risk of harm to the integrity, security, or profitability of the States sports wagering operations; or
(3)
There are reasonable grounds to believe that the applicant will not be able to establish the applicants qualifications by clear and convincing evidence.
G.
By written notice to a temporary licensee, Commission staff may terminate, without a hearing and without following the denial process under COMAR 36.10.07, the temporary license of an applicant for:
(1)
Failure to pay a required fee;
(2)
Failure to submit required documentation to Commission staff within 30 days of submitting the application;
(3)
Failure to comply with a request of Commission staff;
(4)
Engaging in conduct that obstructs Commission staff from completing the applicants background investigation; or
(5)
Violating any provision of State Government Article, Title 9, Subtitle 1A or Subtitle 9-1E, Annotated Code of Maryland, or the Commissions regulations.
H.
Commission staffs written notice of termination of a temporary license is the final action of the Commission.
I.
If, during the course of conducting an applicants background investigation, Commission staff reasonably believes there is a basis for recommending that the application for a sports wagering license be denied, Commission staff shall:
(1)
Notify the temporary licensee; and
(2)
Follow the process for denial of a license under COMAR 36.10.07.
Regulation .10 Identification Cards for Sports Wagering Employees.LinkCopy Citation
A.
The Commission shall issue an identification card to an individual who is licensed as a sports wagering employee.
B.
Identification Card.
(1)
An identification card shall display a photograph of the licensee and, at a minimum, indicate:
(a)
The individual’s name;
(b)
By color, pattern, or symbol, the licensing category; and
(c)
The license expiration date.
(2)
An identification card is evidence that the licensee is authorized to be employed in the designated licensing category by a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor.
(3)
An identification card is the property of the Commission.
C.
Licensee Obligations. A licensee:
(1)
Unless otherwise approved by the Commission for a specific date and time, shall wear or otherwise prominently display the licensee’s identification card at all times while working in a sports wagering facility or a data center located in Maryland;
(2)
Shall immediately report a loss or theft of the card to the licensee’s employer and the Commission;
(3)
May not allow another individual to possess the card; and
(4)
Shall comply with an order of the Commission to surrender the card.
D.
Replacement Identification Card.
(1)
If an identification card issued under this regulation is lost or stolen:
(a)
The licensee shall immediately:
(i)
Report the loss or theft to the licensee’s employer; and
(ii)
In a form or format designated by the Commission, submit to the Commission a written description of the circumstances of the loss or theft; and
(b)
After verifying the licensee’s identity, the Commission may issue a new identification card to the licensee.
(2)
If an identification card issued under this regulation is temporarily unavailable to the licensee:
(a)
The licensee shall immediately:
(i)
Report the temporary unavailability of the card to the licensee’s employer; and
(ii)
In a form or format designated by the Commission, submit to the Commission a written description as to why the card is temporarily unavailable;
(b)
After verifying the licensee’s identity, the Commission may issue an emergency credential to the licensee that is valid for 1 work day; and
(c)
The licensee shall surrender the emergency credential to the Commission at the end of the work day on which the licensee received the card.
(3)
If the Commission issues a replacement or temporary identification card to a licensee, the licensee’s employer shall pay the Commission:
(a)
$40 for the cost of a replacement identification card; or
(b)
$20 for the cost of a temporary identification card.
E.
Surrender and Reissuance of Identification Card. The employer of the sports wagering employee who was issued an identification card under this regulation shall ensure that the licensee’s identification card is surrendered to the Commission if the:
(1)
Commission suspends or revokes the license;
(2)
License is not renewed;
(3)
Licensee separates from employment with licensee’s employer; or
(4)
Licensee is otherwise ordered to surrender the identification card.
F.
If an identification card is not surrendered as required under §D(2)(c) or E of this regulation, the licensee’s employer may be subject to enforcement action under COMAR 36.03.04 or 36.10.08.
G.
If an identification card was surrendered when the licensee separated employment from the licensee’s employer, the Commission may issue the licensee another identification card if the:
(1)
Licensee obtains employment with a sports wagering licensee or video lottery operation licensee;
(2)
Term of the employee’s license has not expired; and
(3)
Commission verifies:
(a)
The licensee’s identity;
(b)
That the license was in good standing when the card was surrendered; and
(c)
That the license has not expired and remains in good standing.
H.
There is no fee for an identification card issued under §G of this regulation.
I.
Nothing in this regulation shall preclude the Commission from taking enforcement action against a licensee based on the circumstances related to the licensee’s separation from employment or information obtained while reviewing a licensee’s notification of an intended change in employment status.
Regulation .11 Sports Wagering Vendor Registration and Certification.LinkCopy Citation
A.
Definitions. In this regulation, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commission” means Agency staff in this regulation.
(2)
Sports Wagering Vendor.
(a)
“Sports wagering vendor” means a person that provides goods or services or anticipates providing, within a calendar year:
(i)
A combined total value of nongaming related goods and services to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor of $50,000 or more; and
(ii)
That is not required to be issued a sports wagering license or sports wagering contractor license under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.
(b)
“Sports wagering vendor” does not include:
(i)
Public utilities that provide water, sewerage, electricity; or natural gas;
(ii)
Insurance companies that provide insurance to a sports wagering license applicant or licensee or its employees;
(iii)
Employee benefit and retirement plans, including 401(k) plans and employee stock purchase programs;
(iv)
Professional associations that receive funds from the sports wagering license applicant or licensee for the cost of enrollment, activities, and membership;
(v)
Units of federal, State, county, or municipal government;
(vi)
Manufacturers of alcoholic beverages;
(vii)
State-chartered or federally chartered banks or savings and loan associations;
(viii)
Providers of professional services, including accountants, attorneys, engineers or architects, and others identified by Agency staff to be providers of professional services;
(ix)
Telecommunication, satellite, or internet services;
(x)
Parcel shipping and delivery services;
(xi)
Persons that engage in efforts to influence legislative or administrative action on behalf of a sports wagering license applicant or licensee for economic consideration;
(xii)
Educational or training opportunities for facility employees;
(xiii)
Unless the individual is an independent evaluator, professional or amateur entertainers, sports figures, social media personalities, or other celebrities engaged by a sports wagering licensee to appear at a licensee-sponsored entertainment or promotional event;
(xiv)
Representatives of a media outlet or provider of a simulcast service;
(xv)
A vendor that provides, or anticipates providing, within a calendar year a combined total value of nongaming related goods and services to a State-licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor of less than $50,000; or
(xvi)
A vendor for which the Commission determines registration is not necessary.
C.
Except as provided in §§D and G of this regulation, a sports wagering vendor that conducts business with a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such a license, shall be registered with the Commission.
D.
Certain Sports Wagering Vendors Exempt from Registration Requirements.
(1)
A sports wagering vendor is exempt from registration requirements if it provides, or anticipates providing, goods or services that a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor purchases solely to be given to a bettor.
(2)
A sports wagering vendor exempt under this section may only provide the following goods and services to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor:
(a)
Leisure or recreational travel;
(b)
Lodging;
(c)
Vehicles;
(d)
Entertainment;
(e)
Dining;
(f)
Clothing;
(g)
Jewelry;
(h)
Gift cards; or
(i)
Other gift items.
(3)
A licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor that purchases goods or services from a sports wagering vendor exempted under this section:
(a)
Is subject to the requirements of COMAR 36.10.13.08; and
(b)
Shall identify in a report submitted under COMAR 36.10.13.08 each exempted sports wagering vendor from which it purchased goods or services during the reporting period.
E.
Sports Wagering Vendor Registration.
(1)
A sports wagering vendor that provides, or anticipates providing, goods or services that are not related to a sports wagering operation to a single licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor shall be registered with the Commission.
(2)
The sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee to which a sports wagering vendor provides, or anticipates providing, goods and services that are not related to sports wagering shall submit to the Commission a completed registration form in a format designated by the Commission that includes:
(a)
Sports wagering vendor name;
(b)
Sports wagering vendor business address;
(c)
Type of goods or services provided;
(d)
Total value of goods or services provided to the sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee in the State within a calendar year;
(e)
Documentation that:
(i)
The sports wagering vendor’s business is in good standing or active with the Maryland State Department of Assessments and Taxation; or
(ii)
The sports wagering vendor is not a legal entity that is required to register with the Maryland State Department of Assessments and Taxation;
(f)
Registration fee of $100; and
(g)
Any other information the Commission requires.
(3)
Upon receipt of the registration fee and completed registration form, the Commission shall provide the applicant or licensee with written notification of whether it has registered the sports wagering vendor.
F.
Except as provided in §G of this regulation, a sports wagering vendor may not provide goods or services related to a sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee until it is registered with the Commission.
G.
Emergency Notification. A sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee may accept goods or services from a sports wagering vendor that is not registered with the Commission if:
(1)
The sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee encounters an emergent threat to public health, safety, or welfare that is outside its control and requires immediate provision of goods or services by a sports wagering vendor; and
(2)
Except as provided in §D of this regulation:
(a)
No later than the next State work day after the sports wagering vendor’s emergency provision of goods or services, the sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee shall submit to the Commission a sports wagering vendor emergency notification form that includes an explanation of the need for its emergency use of a sports wagering vendor that is not registered with the Commission; and
(b)
Within 20 work days of submitting the sports wagering vendor emergency notification form, the sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee shall submit to the Commission a sports wagering vendor registration form.
H.
Term, Renewal, and Cancellation. A sports wagering vendor’s registration or certification:
(1)
Remains in effect for 5 years from the date the Commission approves the registration;
(2)
May be renewed by the Commission if the vendor submits the required form, and renewal fee, at least 90 days before the expiration of the registration;
(3)
Shall automatically expire if a sports wagering vendor does not comply with renewal requirements under this regulation; and
(4)
Is subject to cancellation by the Commission, at any time and without advance notice, if the Commission determines that the sports wagering vendors continued conduct of business with a sports wagering applicant or licensee is contrary to the public interest of the State or the policies in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commissions regulations.
I.
Renewal Fee. The renewal fee for a sports wagering vendor is $100.
J.
The Commission’s decision to deny or cancel a sports wagering vendor registration or to deny the renewal of a sports wagering vendor registration, does not give rise to an appeal right under the contested case provisions of the Maryland Administrative Procedure Act.
K.
The Commission may maintain and make publicly available a list of:
(1)
Registered sports wagering vendors; and
(2)
Sports wagering vendors that are prohibited from doing business with a sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee because the Commission has denied or cancelled their application or registration.
L.
A sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee shall:
(1)
Submit to the Commission a quarterly sports wagering vendor payments report in a format prescribed by the Commission; and
(2)
Ensure that a sports wagering vendor appearing on its quarterly sports wagering vendor payments report is:
(a)
Registered; or
(b)
Exempt.
Chapter annotations
Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.11 adopted as an emergency provision effective August 5, 2021 (48:18 Md. R. 690); adopted permanently effective January 13, 2022 (49:1 Md. R. 16)
History: Regulation .02 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .03 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .04I amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .04K adopted as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); adopted permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .05 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .06 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .07B amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .09C amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .11 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)