D.C. Mun. Regs. r. 30-2022

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 30-2022 - RESPONSIBLE GAMING PROGRAM

2022.1

The Office's Responsible Gaming Program shall include, at a minimum, the following:

(a) Display signage and written materials, in conspicuous places in their sports Wagering Facilities, and on their websites and mobile applications information on the availability of problem gambling treatment or counseling, procedures for self-exclusion, and promotion of the National Council on Problem Gambling's twenty-four (24)-hour toll- free confidential National Helpline-1-800-522-4700 (call or text);

(b) Provide information on all print, billboard, sign, online, or broadcast advertisements, information about available programs to prevent, treat, or monitor compulsive or problem gambling, procedures for self-exclusion, and promotion of the National Council on Problem Gambling's 24-hour toll- free confidential National Helpline-1-800-522-4700 (call or text);

(c) Post in every Lottery retailer licensed for sports Wagering, on the Office's websites and mobile application, a statement referring Players to the National Council on Problem Gambling's 24- hour toll- free confidential National Helpline-1-800-522-4700 (call or text) and other information;

(d) Will prohibit an individual, group of individuals or entity that places Wagers with the Office from establishing more than one active Account with;

(e) Will permit an individual, group of individuals or entity that places Wagers with the Office to terminate their Account at any time and for any reason;

(f) Will train its employees on responsible gaming initiatives;

(g) Will prohibit underage gambling;

(h) Will take reasonable measures to prevent intoxicated or impaired Players from gambling;

(i) The Office's sports Wagering websites and mobile applications will include a description of the possible repercussions for an underage player who circumvents or attempts to circumvent controls to prevent underage play, such as immediate stoppage of play, account closure, and confiscation of winnings.

2022.2

The Office shall implement a Self- Limiting System to allow Players to set Account limits, including responsible gaming limits set forth below. Any decrease to these limits shall be effective no later than the Player's next log in. Any increase to these limits shall become effective only after the time period of the previous limit has expired and the player reaffirms the requested increase.

(a) A deposit limit, which shall be offered on a daily, weekly and monthly basis and shall specify the maximum amount of money a Player may Deposit into their Account during a particular period of time;

(b) A spending limit, which shall be offered on a daily, weekly and monthly basis and shall specify the maximum amount of Player funds that may be put at risk during a particular period of time; and

(c) A time-based limit, which shall be offered on a daily basis and shall specify the maximum amount of time, measured hourly from the Player's log in to log off, a Player may spend playing on the Office's gaming system.

2022.3

The Office shall take reasonable steps to prevent individuals from overriding their self- imposed limits, including, at the request of the individual, sharing the requested limitations with Office licensed Operators and Management Service Providers for the sole purpose of disseminating the request to other Operators.

2022.4

The Office shall prohibit an individual from Wagering over the limit they have set.

2022.5

The Office shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information of individuals who place a Wagers with the Office from unauthorized access, use, modification or disclosure.

2022.6

Operators and Management Service Providers shall abide by all requirements issued by the Office pertaining to training employees about compulsive and problem gambling.

2022.7

The Office's Self-Exclusion Program is established for the purpose of allowing persons who wish to refrain from sports Wagering and other types of gambling offered by the Office, to notify the Office that they will accept responsibility for refraining from engaging in Sports Wagering and other gambling activities offered by the Office and its Licensees. Each person seeking placement in the Self- Exclusion Program acknowledges that it is their responsibility to refrain from engaging in Sports Wagering and other gambling activities under the jurisdiction of the Office.

2022.8

An individual may request to have their name placed on the Self- Exclusion List by completing the application and following the procedure outlined in the Office's website or printed material available from the Office.

2022.9

An application for placement on the Self- Exclusion List may only be accepted, and an intake performed, by a designated agent approved by the Office.

2022.10

Failure to provide any information or to execute any forms deemed necessary by the Office may result in a denial of a request for placement in the Self- Exclusion Program.

2022.11

Self- Exclusion List application forms may include a request to waive the liability of the Office and its agents, sports Wagering Licensees and their agents, the District and any person licensed pursuant to the Act, or other such persons as deemed necessary by the Office, for any damages that may arise out of any act or omission related to placement in the Self- Exclusion Program.

2022.12

Upon the filing of an application for placement in the Self- Exclusion Program, the Office may file a Notice of Placement in the Self- Exclusion Program and such application and notice may be disclosed to Sports Wagering Operator Licensees, Management Services Providers and their agents and employees, as approved by the Office.

2022.13

Upon submission of an application, a designated agent shall review with the applicant the contents and statements contained in the application. If the application is complete, the designated agent shall sign the application indicating that the review has been performed and the application has been accepted.

2022.14

A designated agent may not sign an application if (a) any required information is not provided or (b) they are of the belief that the applicant is not capable of understanding the responsibilities and consequences of being placed on the Self-Exclusion List.

2022.15

Upon receipt of an application, the Office, or its designee, shall review it for completeness. If the application meets all requirements of this chapter, the application shall be approved, and the individual's name shall be added to the Self- Exclusion List. If the application is incomplete, the Office, or its designee, may deny the application and make efforts to contact the applicant advising them of such.

2022.16

The Office shall update its database at least every seventy-two (72) hours with names of individuals being added or removed from the Self- Exclusion List.

2022.17

Any person may request placement on the list of self-excluded persons, and the person during any period of voluntary exclusion may not collect any winnings or recover any losses resulting from any sports Wagering or lottery gaming activity, regardless of whether the Wager was placed prior to being voluntarily placed on the list of self-excluded persons. All winnings and Wagering instruments subject to this section shall be withheld by the Office.

2022.18

The Office, or its designee, shall add to the Self- Exclusion List the name of any individual provided from a gaming jurisdiction outside of the District, with which the Office has entered into an intergovernmental agreement, upon a determination that the individual voluntarily requested that their name be added to the list of the referring jurisdiction and that they were notified, either directly or by operation of law, that their name may be placed on similar lists in other jurisdictions.

2022.19

A person does not have to admit they are a problem gambler when placing themselves in the Self- Exclusion Program.

2022.20

If the applicant has elected to seek services available within the District, the Office, or its designee, shall contact the designated coordinating organization for the provision of requested services. The Executive Director shall determine the information and forms to be required of a person seeking placement on the Self-Exclusion List. Such information shall include, but not be limited to, the following:

(a) Name, home address, email address, telephone number, date of birth, and Social Security number of the applicant;

(b) A passport-style photo of the applicant;

(c) A statement from the applicant that one or more of the following apply:

(1) They identify as a "problem gambler," meaning an individual who believes their gambling behavior is currently, or may in the future without intervention, cause problems in their life or on the lives of their family, friends, or co-workers;

(2) They feel that their gambling behavior is currently causing problems in their life or may, without intervention, cause problems in their life; or

(3) There is some other reason why they wish to add their name to the Self- Exclusion List.

(d) Election of the duration of the exclusion in accordance with Subsection 2022.22 of this chapter;

(e) An acknowledgment by the applicant that the individual will not be participating in sports Wagering or any other form of gambling offered by the Office and that it is their sole responsibility to refrain from doing so;

(f) An acknowledgment by the applicant that the applicant shall not collect any winnings or recover any losses resulting from any gambling activity under the jurisdiction of the Office for the duration of the exclusion period;

(g) An acknowledgment by the applicant that the individual will forfeit all rewards or points earned through any player reward or another promotional program they engage in sports Wagering while on the Self-Exclusion List;

(h) An offer by the Office or the designated agent completing the self-exclusion application to assist the applicant to access information about gambling disorders, self- guided help or counseling services with a clinician approved by the District of Columbia Department of Behavioral Health;

(i) An acknowledgment of understanding by the applicant that by placing their name on the Self- Exclusion List, the prohibitions identified in § 2129 apply to all sports Wagering or gambling activities offered by the Office or its Licensees or affiliates, whether within the District or another jurisdiction, and that the Office may share the Self-Exclusion List with other domestic or international gaming jurisdictions resulting in placement on those lists;

(j) An acknowledgment by the applicant that the individual is submitting the application freely, knowingly, and voluntarily;

(k) A statement that the individual is not under the influence of a substance or suffering from a mental health condition that would impair their ability to make an informed decision;

(l) An acknowledgment by the applicant that if they knowingly violate their agreement to refrain participating in any gambling activity offered by the Office or its Licensees or affiliates during the exclusion period, the applicant shall notify the Office of such violation within twenty-four (24) hours of such gambling activity; and releasing the District, the Office and all affiliated employees, entities and persons licensed by the Office and their affiliates, from any claims associated with their breach of the agreement;

(m) An affidavit verifying that the applicant wishes to be placed on the Self-Exclusion List, that the Office is specifically authorized and requested to release all contents of the person's application to persons who, in the sole discretion of the Office, are necessary to implement the policies and procedures contained in this chapter. Such persons shall be subject to terms of confidentiality prescribed by the Office, which shall be contained in the application. Such persons shall include, but not be limited to the following:

(1) Employees or contractors of the Office involved in the administration, supervision or activities related to the administration or supervision of this chapter;

(2) Licensees of the Office or their affiliates, agents and employees;

(3) Designated agents; and

(4) Law enforcement personnel involved in the administration, supervision or investigation of activities contained in this chapter.

(n) An acknowledgment by the applicant that once their name is placed on the Self- Exclusion List, they may be refused entry or ejected from areas specifically devoted to sports Wagering or other forms of gambling under the jurisdiction of the Office by a person licensed by the Office, an agent of the Office, or law enforcement personnel.

2022.21

The Office may provide procedures permitting online self-exclusion if it determines that the goals, objectives and protections of the in-person self-exclusion process can be accomplished online.

2022.22

As part of the request for self- exclusion, the individual must select the duration for which they wish to be excluded. An individual may select any of the following time periods as a minimum length of exclusion:

(a) One (1) year;

(b) Eighteen (18) months;

(c) Three (3) years;

(d) Five (5) years; or

(e) Lifetime (an individual may only select the lifetime duration if their name has previously appeared on the Self- Exclusion List for at least six (6) months).

2022.23

An individual on the Self-Exclusion List may not apply to decrease the duration of exclusion. An individual who is on the Self- Exclusion List may submit a request to increase the minimum length of exclusion.

2022.24

Upon expiration of the selected duration of exclusion, individuals may request that their name be removed from the Self-Exclusion List or petition for exclusion for a new duration. Individuals shall remain on the Self-Exclusion List after the expiration of the selected duration of exclusion until such time as they submit a petition for removal, and it is approved by the Office or its designee.

2022.25

At any time after the expiration of the selected duration of exclusion, an individual may request that their name be removed from the Self- Exclusion List by submitting a petition for removal on a form approved by the Office. The petition shall include confirmation from a designated agent that the individual completed an exit session. Any petition for removal received by the Office prior to the expiration of the duration of the selected exclusion period shall be denied.

2022.26

The Office shall approve a completed petition for removal. An individual who has selected a lifetime duration may not submit a petition for the removal of their name from the Self- Exclusion List. An incomplete application, including one that fails to demonstrate completion of an exit session shall be denied until such time as the application is completed.

2022.27

To be eligible for removal from the Self- Exclusion List the petitioner shall participate in an exit session with a designated agent. The exit session shall include a review of the risks and responsibilities of gambling, budget setting and a review of problem gambling resources should the petitioner wish to seek them. Upon completion of the exit session, the designated agent shall sign the individual's petition for removal from the Self- Exclusion List attesting to the fact that the exit session was conducted.

2022.28

Upon approval of a petition for removal from the Self-Exclusion List, a written notice of removal from the Self- Exclusion List shall be forwarded by the Office, or its designee, to each gaming Licensee and to the petitioner. Notice may be forwarded to the petitioner by email or first-class mail to the email address or home address provided by the petitioner in the petition. The petitioner shall be deemed to be removed from the Self- Exclusion List when the notice is sent by the Office or its designee.

2022.29

If a petitioner does not meet the eligibility requirements for removal from the Self- Exclusion List, the petition shall be denied. The petitioner shall be notified of the denial by email or first-class mail to the email address or home address provided by the petitioner in the petition. In the event of a denial of a petition, the individual shall remain on the Self- Exclusion List until such time as the eligibility requirements have been satisfied.

2022.30

An individual whose name has been removed from the Self-Exclusion List may reapply for placement on the Self- Exclusion List at any time by submitting an application in accordance with this chapter;

2022.31

An individual whose name was added to the Self-Exclusion List in the District in accordance with this chapter shall be removed from the Self-Exclusion List upon receipt of written notice from the referring jurisdiction that the individual's name has been removed from that jurisdiction's list.

2022.32

The Office shall maintain an up-to-date database of the Self- Exclusion List. Licensees designated by the Office shall be afforded access to the Self- Exclusion List. The Self- Exclusion List may only be accessed by individuals authorized in accordance with the Licensee's approved system of internal controls. All information contained in approved applications for exclusion may be disclosed to a designated Licensee.

2022.33

Except as authorized by this chapter, the Office's Self- Exclusion List shall be kept confidential. Except as authorized or required by this chapter, Sports Wagering Operators and Management Services Providers shall not disclose the names included in the Self- Exclusion Program.

2022.34

The Self-Exclusion List shall not be publicly disclosed by a Licensee, agent, affiliate or other person authorized to access the Self- Exclusion List. However, a Licensee may share the Self- Exclusion List with other designated Licensees in the District or its affiliates in other jurisdictions for the purpose of assisting in the proper administration of responsible gaming programs operated by affiliated sports Wagering or lottery retailer establishments.

2022.35

The Office may disclose de- identified information from the Self- Exclusion List to one or more research entities selected by the Office for the purpose of evaluating the effectiveness and ensuring the proper administration of the self-exclusion program.

2022.36

Any person placed on the Self-Exclusion List pursuant to this chapter is deemed ineligible to place a Wager at any Sports Wagering Facility, licensed Lottery retailer, or mobile application or website under the jurisdiction of the Office. Persons on the Self- Exclusion List shall not be entitled to recover losses resulting from their gambling activity since the Wager was void from its beginning.

2022.37

Sports Wagering Licensees and Lottery retailers shall have the following responsibilities relative to the administration of the Self- Exclusion Program:

(a) Once aware that a person who is on the Self- Exclusion List is on Premises, the Licensee or retailers shall refuse such person entry to or eject such person from areas specifically devoted to sports Wagering, lottery or other forms of gambling product approved by the Office;

(b) To refuse to accept a Wager or to allow the purchase of any gambling product approved by the Office to any individual that the Licensee or retailer has identified as being on the Self- Exclusion List or a person such Licensee or retailer suspects of being on the Self- Exclusion List;

(c) To promptly notify the Office, or its designee, if an individual on the Self-Exclusion List attempts to place or is discovered to have placed a sports Wager or purchased or attempted to purchase a lottery ticket;

(d) Remove self-excluded persons from player loyalty or reward card programs and targeted print, online or other forms of advertising or promotions;

(e) Refrain from marketing to individuals on the Self- Exclusion List;

(f) Deny access to complimentary services or items, check cashing privileges, player reward programs, and other similar benefits to persons on the Self-Exclusion List;

(g) Deny a person identified to be on the Self-Exclusion List from any winnings derived from gambling. Winnings derived from gambling shall include, but not be limited to, such things as proceeds derived from a sports Wagering or from the purchase of any gambling product approved by the Office. Where reasonably possible, the Licensee or retailer shall withhold from the individual in a lawful manner, or shall refuse to pay any such winnings derived from gambling or any money or thing of value that the individual has converted or attempted to convert into a gambling instrument whether actually Wagered or not. A Wagering instrument shall include, but not be limited to, tickets, vouchers, prizes, non-complimentary pay vouchers, electronic credits on a mobile Wagering system or any other implement of value representing a prize won from gambling. Upon withholding or refusing to pay an individual on the Self-Exclusion List, the Licensee or retailer shall promptly notify the Office. The monetary value of the withheld winnings and Wagering instrument shall be paid to the Office within forty-five (45) days;

(h) If an individual on the Self- Exclusion List wishes to contest the forfeiture of winnings or things of value, the individual may request a hearing in writing with the Office within fifteen (15) business days of the date of the forfeiture. The request shall identify the reason why the winnings or things of value should not be forfeited. A hearing shall be conducted to determine whether the subject funds were properly forfeited in accordance with this chapter; and

(i) In cooperation with the Office, and where reasonably possible, the Licensee or retailer shall determine the amount Wagered and lost by an individual who is prohibited from gambling. The monetary value of the losses shall be paid to the Office within forty- five (45) days.

2022.38

Programs and policies created by this chapter are intended to prevent problem gambling, treat problem gamblers and promote responsible gaming. The sole remedy for failure to comply with this chapter shall be disciplinary actions imposed by the Office. The Office, its Licensees and retailers, or employees thereof will not be liable for damages in any civil action, which is based on the following:

(a) Compliance or noncompliance with this chapter or a plan adopted pursuant to this chapter;

(b) An action or failure to take action under this chapter or a plan adopted under this chapter;

(c) Failure to withhold gambling privileges from an individual; or

(d) Permitting an individual to gamble.

2022.39

The Office shall maintain an Involuntary Exclusion List that consists of the names of people who the Executive Director determines meet anyone of the following criteria:

(a) Any person whose presence in a gaming facility would be inimical to sports Wagering in the District of Columbia, including the following:

(1) Any person who cheats;

(2) Any person who poses a threat to the safety of the patrons or employees;

(3) Persons who pose a threat to themselves;

(4) Persons with a documented history of conduct involving the disruption of a gaming facility;

(5) Persons included on another jurisdiction's exclusion list; or

(6) Persons subject to a Court order excluding those persons from any gaming facility;

(b) Any felon or person who has been convicted of any crime or offense involving moral turpitude and whose presence in a Sports Wagering Facility would be inimical to sports Wagering in the District of Columbia; or

(c) Any person who enhances a risk of unfair or illegal practices in the conduct of sports Wagering.

2022.40

The Executive Director's determination of inimicality may be based upon any of the following:

(a) The nature and notoriety of the person to be excluded from Sports Wagering Facilities;

(b) The history and nature of the involvement of the person with a Sports Wagering Facility in the District of Columbia or any other jurisdiction or with any particular licensee or licensees or any related company of any licensee;

(c) The nature and frequency of any contacts or associations of the person with any licensee; or

(d) Any other factor reasonably related to the maintenance of public confidence in the regulatory process or the integrity of sports Wagering in the District of Columbia.

2022.41

The Involuntary Exclusion List shall contain the following information, if known, for each excluded person:

(a) The full name and all known aliases and the date of birth;

(b) A physical description;

(c) The date the person's name was placed on the Involuntary Exclusion List;

(d) A photograph, if available;

(e) The person's occupation and current home and business addresses; and

(f) Any other relevant information as deemed necessary by the Office.

2022.42

The Office shall distribute the Involuntary Exclusion List to Operators and Management Services Providers.

2022.43

The Office shall establish reasonable procedures designed to prevent entry of an involuntarily excluded person into the sportsbook area of a licensed sports Wagering retailer.

2022.44

The Office shall establish a system to exclude from sports Wagering individuals who are on the Office's Involuntary Exclusion List.

2022.45

The Office shall attempt to provide notice to any person who is placed on the Involuntary Exclusion List.

2022.46

Each excluded person who has been listed on the Involuntary Exclusion List and wishes to contest being placed on the Involuntary Exclusion List may request an administrative hearing pursuant to § 2135.

D.C. Mun. Regs. r. 30-2022

Reserved by Final Rulemaking published at 66 DCR 011618 (8/30/2019); Final Rulemaking published at 67 DCR 2802 (3/13/2020)