36.03.05.02

.02 Inspections.

A. A licensee is subject to unannounced inspections conducted by the Commission in order to evaluate and verify the licensee’s compliance with State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland and the regulations promulgated by the Commission for the Video Lottery Terminal Program.

B. The Commission or a designee may conduct an unannounced inspection without a warrant and take any of the following actions:

(1) Conduct an inspection of premises in which:

(a) Video lottery or table game operations are conducted;

(b) Authorized video lottery terminals, table game equipment, a central monitor and control system, or associated equipment and software are:

(i) Designed;

(ii) Built;

(iii) Constructed;

(iv) Assembled;

(v) Manufactured;

(vi) Sold;

(vii) Distributed; or

(viii) Serviced; or

(c) Records are prepared or maintained for activities referenced in §B(1)(a) or (b) of this regulation;

(2) Conduct an inspection of a video lottery terminal, table game equipment, a central monitor control system, or associated equipment and software in, about, on, or around the premises specified in §B(1) of this regulation;

(3) From the premises specified in §B(1) of this regulation, summarily seize, remove, impound, or assume physical control of, for the purposes of examination and inspection:

(a) A video lottery terminal;

(b) Table game equipment;

(c) A central monitor and control system; or

(d) Associated equipment and software;

(4) Inspect, examine, and audit books, records, and documents concerning a licensee’s video lottery or table game operations, including the financial records of a:

(a) Parent corporation;

(b) Subsidiary corporation; or

(c) Similar business entity; or

(5) Seize, impound, or assume physical control of:

(a) Books;

(b) Records;

(c) Ledgers;

(d) Cash boxes and their contents;

(e) A counting room or its equipment;

(f) Other physical objects relating to video lottery operations; or

(g) Any record or object that a licensee is required by law or license terms to maintain.

C. During an inspection, a licensee and its employees, agents, and representatives:

(1) Shall:

(a) Make available for inspection, copying, or physical control a record that a licensee is required to maintain;

(b) Authorize any person having financial records relating to the licensee to provide those records to the Commission; and

(c) Otherwise cooperate with the activities of the Commission described in this chapter; and

(2) May not knowingly interfere with the authorized activity of the Commission during an unannounced inspection.

D. An unannounced inspection may be conducted:

(1) Any time during reasonable business hours; and

(2) Periodically, as determined by the Commission.

E. The refusal of a licensee or a licensee’s employees or agents to provide the Commission with the access necessary to perform an unannounced inspection may be the basis for enforcement action under COMAR 36.03.04.