36.03.02.12

.12 Video Lottery Employee Licenses.

A. General. Unless an individual holds a valid video lottery employee license issued by the Commission, the individual may not be employed by a licensed facility operator, manufacturer, or contractor as a video lottery employee.

B. License Categories. The Commission may issue a video lottery employee license that is a:

(1) Principal employee license;

(2) Gaming employee license;

(3) Nongaming employee license;

(4) Temporary principal employee license; or

(5) Temporary gaming employee license.

C. Requirements. The Commission may issue a video lottery employee license to an individual who has or has had on their behalf:

(1) Paid all required application and license fees;

(2) Submitted a completed license application to the Commission;

(3) Furnished the personal and background information required under Regulation .02 of this chapter;

(4) Provided the documentation required under Regulation .03 of this chapter;

(5) Executed the consent for investigation required under Regulation .04 of this chapter;

(6) Unless exempt, obtained a bond required under Regulation .15 of this chapter;

(7) Received at least a conditional offer of employment as a video lottery employee from a licensed facility operator, manufacturer, or contractor;

(8) 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;

(9) For an applicant for a nongaming employee license, documented that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:

(a) Obtained a bond if required under Regulation .15 of this chapter; and

(b) Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and

(10) Provided the Commission with sufficient information, documentation, and assurances to establish, by clear and convincing evidence, that the individual:

(a) Has not been disqualified under State Government Article, §9-1A-14(c), Annotated Code of Maryland;

(b) Has met the applicable requirements of State Government Article, §9-1A-07(c), Annotated Code of Maryland; and

(c) Is otherwise qualified for a video lottery employee license.

D. 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 authorized under Regulation .01E(3) of this chapter for the administrative costs of conducting the applicant’s background investigation is $2,000; and

(d) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(2) For a gaming 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 Regulation .03B of this chapter is $37.25.

(3) For a nongaming 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 Regulation .03B of this chapter is $37.25.

E. A video lottery employee license authorizes the licensee to be employed as a principal, gaming or nongaming employee in the State.

F. A licensed video lottery employee, sponsored gaming employee or temporary licensee may not play a video lottery terminal or table game at, or receive a jackpot from, a facility:

(1) Where the individual is employed;

(2) That is operated by the individual’s employer; or

(3) Where the individual is currently assigned to work.

G. A licensee has a continuing duty to inform the Commission of an act or omission that the licensee knows or should know constitutes a violation of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission's regulations.

H. Term; Renewal.

(1) The term of a video lottery employee license is 5 years from the date of initial licensure.

(2) The Commission may stagger the terms of licenses.

(3) Except for a sponsored principal or sponsored gaming employee, or temporary licensee, the Commission may renew the license if, before the term of the license expires, the licensee:

(a) Applies for renewal;

(b) Continues to comply with all licensing requirements;

(c) Maintains employment as a video lottery employee;

(d) Submits to a background investigation under Regulation .03 of this chapter; and

(e) Pays the fees described in §I(4) of this regulation.

(4) The fee required for processing a licensing renewal is:

(a) For a principal employee, $2,787.25, of which the:

(i) License fee is $750;

(ii) Refundable advance deposit for administrative costs of conducting the applicant’s background investigation is $2,000; and

(iii) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(b) For a gaming employee, $187.25, of which the:

(i) License fee is $150; and

(ii) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(c) For a nongaming employee, $97.25, of which the:

(i) License fee is $60; and

(ii) Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

(5) Except as provided in §H(5) of this regulation, a video lottery employee shall submit an application for renewal to the Commission at least 90 days before the video lottery employee’s license expires.

(6) A principal employee shall submit an application for renewal to the Commission at least 6 months before the principal employee’s license expires.

I. Temporary License.

(1) The Commission may issue to a video lottery employee license applicant a temporary license to permit the individual to work legally as a video lottery employee before the Commission completes the full licensing process.

(2) A licensed facility operator, manufacturer, or contractor may submit an application for a temporary license on behalf of an individual who is seeking a principal or gaming employee license.

(3) An application for a temporary license shall be in a format designated by the Commission and shall include:

(a) A completed application for a principal or gaming employee license;

(b) Payment of the fees required under §D of this regulation;

(c) Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:

(i) Obtained a bond if required under Regulation .15 of this chapter; and

(ii) Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and

(d) 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.

(4) The Commission may grant a temporary license after:

(a) Receiving all items required under §I(3) of this regulation; and

(b) Performing on the individual a:

(i) Criminal background investigation under Regulation .03 of this chapter; and

(ii) Financial stability investigation.

(5) A temporary license:

(a) Expires 180 days after the date of issue; and

(b) May be extended by the Commission for one period of 180 days.

(6) A temporary license may not be issued if:

(a) An applicant has an immediately known present or prior activity, criminal record, reputation, habit, or association that would disqualify the applicant from holding a video lottery employee license under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or regulations promulgated under that subtitle;

(b) An applicant poses a serious imminent risk of harm to the integrity, security, or profitability of the State’s video lottery terminal or table game operations; or

(c) There are reasonable grounds to believe that the applicant will not be able to establish the applicant’s qualifications by clear and convincing evidence under State Government, §9-1A-07, Annotated Code of Maryland.

(7) By written notice to a temporary licensee, Commission staff may terminate, without a hearing and without following the denial process under Regulation .16 of this chapter, the temporary license of an applicant for:

(a) Failure to pay a required fee;

(b) Failure to submit required documentation to Commission staff within 30 days of submitting the application;

(c) Failure to comply with a request of Commission staff;

(d) Engaging in conduct that obstructs Commission staff from completing the applicant’s background investigation; or

(e) Violating any provision of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission’s regulations.

(8) Commission staff’s written notice of termination of a temporary license is the final action of the Commission.

(9) If, during the course of conducting an applicant’s background investigation, Commission staff reasonably believes there is a basis for recommending that the application for a video lottery employee license be denied, Commission staff shall:

(a) Notify the temporary licensee; and

(b) Follow the process for denial of a license under Regulation .16 of this chapter.