# COMAR Title 36 — Maryland State Lottery and Gaming Control Agency

## Subtitle 10 — Sports Wagering Provisions

### Chapter 08 — Enforcement

#### Regulation .10 Imposition of Sanctions.

*COMAR 36.10.08.10*

A. Permissible Sanctions. The Commission may:

  (1) Impose a penalty on the licensee not exceeding $5,000 for each day and each violation; and

  (2) In addition to any penalty assessed:

    (a) Revoke the licensee’s license;

    (b) Suspend the licensee’s license for a period of time;

    (c) Reprimand the licensee; or

    (d) Impose conditions upon the licensee that must be met within a specified time as to:

      (i) Training;

      (ii) Staffing;

      (iii) Supervision;

      (iv) Compliance with internal controls;

      (v) Probationary periods; or

      (vi) Any other directive to address the violation.

B. Penalty — Required Considerations. To determine the amount of a penalty to impose on a licensee, the Commission shall consider:

  (1) The seriousness of the violation;

  (2) The harm caused by the violation; and

  (3) Whether the person who committed the violation acted in good faith.

C. Sanction — Considerations. To determine the appropriate sanction to impose on a licensee, the Commission may consider the factors in §B of this regulation, and:

  (1) Whether a violation was willful;

  (2) Whether the licensee had, or should have had, control of the situation;

  (3) Whether the violation may have occurred in connection with unclear or insufficient:

    (a) Information;

    (b) Training;

    (c) Communication; or

    (d) Requirements;

  (4) Any extraordinary circumstances;

  (5) Prior disciplinary history with the Commission;

  (6) Profit that resulted, or may have resulted, from the violation;

  (7) Harm that resulted, or may have resulted, from the violation;

  (8) How the violation was detected;

  (9) Action taken by the licensee to prevent recurrence of the violation;

  (10) Action taken by the Commission to address similar violations; and

  (11) Any other information that the Commission finds relevant.

D. Ignorance No Defense. A licensee is presumed to be familiar with applicable statutes and regulations governing the State’s Sports Wagering Program, and a claim of ignorance of the statutes and regulations may not be used as a defense to a finding of a violation or to the imposition of a sanction.

E. Imposition of Sanction. A separate sanction may be imposed for each violation.