Md. Code Regs. 36.10.13.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 36.10.13.07 - Record Retention

A. All original books and records shall be:

(1) Prepared and maintained in a complete, accurate, and legible form;

(2) Stored in a format that ensures readability, regardless of whether the technology or software that created or maintains it has become obsolete;

(3) Retained in a secure location equipped with a fire notification system:

(a) At the sports wagering licensee's facility; or

(b) An off-site location approved by the Commission under §F of this regulation for the express purpose of document storage;

(4) Kept immediately available for inspection by the Commission during all hours of operation;

(5) Organized and indexed in a manner designed to provide immediate accessibility to the Commission; and

(6) Destroyed only after expiration of the minimum retention period required under this regulation.

B. The Commission may, on submission of a written request or alternate record retention schedule by a sports wagering licensee, authorize destruction prior to the expiration of the minimum retention period required under this regulation.

C. Unless a request for destruction or alternate record retention schedule is submitted in writing and approved in writing by the Commission, a sports wagering licensee shall retain indefinitely original books and records documenting:

(1) Ownership of the sports wagering licensee's facility if applicable;

(2) Internally initiated investigations and due diligence;

(3) Personnel matters;

(4) Signature cards of current employees; and

(5) Destruction of documents, including:

(a) The identity of the document;

(b) Period of retention; and

(c) Date of destruction.

D. Unless a request for destruction or alternate record retention schedule is submitted in writing and approved in writing by the Commission, a sports wagering licensee shall retain for a minimum of 5 years all original books and records not:

(1) Identified for indefinite retention under §C of this regulation; or

(2) Subject to an exception under §E of this regulation.

E. Exceptions. The following exceptions apply to the retention period in §D of this regulation:

(1) A minimum retention period of 5 years shall apply to documentation pertaining to cashiers' cage transactions;

(2) A minimum retention period of 5 years shall apply to:

(a) Signature cards of terminated employees;

(b) Insurance records relating to claims by bettors;

(c) Surveillance and security department:

(i) Employee duty logs;

(ii) Visitor logs;

(iii) Incident logs;

(iv) Recording logs; and

(v) Equipment malfunction reports; and

(d) Documentation pertaining to sports wagering tickets or promotional play instruments reported to the Commission as possibly counterfeit, altered, or tampered with;

(3) A minimum retention period of 30 days shall apply to:

(a) Cancelled promotional play instruments for which all reconciliations required by the sports wagering licensee's approved internal controls have been conducted and resolved;

(b) Voided sports wagering tickets; and

(c) Sports wagering tickets and vouchers redeemed at a facility other than through a ticket redemption unit or kiosk.

F. On submission of a written request by the sports wagering licensee, the Commission may approve a location outside the facility to store original books and records.

G. A sports wagering licensee requesting to store original books and records outside the facility shall submit to the Commission:

(1) A description of the proposed location, including details with regard to security and fire notification systems;

(2) Details with regard to the ownership of the proposed location; and

(3) Procedures for Commission access to original books and records retained at the proposed location.

H. A sports wagering licensee may not store books and records outside the facility without the prior written approval of the Commission.

I. On submission of a written request by a sports wagering licensee, the Commission may approve a suitable media system for the copying and storage of original books and records.

J. A sports wagering licensee submitting a system for the copying and storage of original books and records shall demonstrate to the satisfaction of the Commission that the:

(1) Processing, preservation, and maintenance methods to be utilized will make books and records readily available for review and reproduction;

(2) Inspection and quality control methods to be utilized will ensure that when books and records are viewed or reproduced they will exhibit a high degree of legibility and readability;

(3) Equipment necessary to readily locate, read, and reproduce books and records is available to the Commission at the location or approved off-site location; and

(4) Detailed index of all stored data maintained and arranged to facilitate the immediate location of particular books and records is available to the Commission at the location or approved off-site location.

K. A sports wagering licensee may not utilize a media system for the copying and storage of original books and records without the prior written approval of the Commission.

L. A sports wagering licensee may utilize the services of a contractor for the destruction of books and records permitted to be destroyed under this regulation.

M. Nothing in this regulation shall be construed as relieving a sports wagering licensee of any obligation to prepare or maintain books and records required by any other federal, State, or local governmental entity.

Md. Code Regs. 36.10.13.07

Amended effective 49:1 Md. R.16, eff. 1/13/2022