Section 218.06 - Evaluation of the Application by the Commission(1) Once a submitted Sports Wagering License Application is deemed administratively sufficient, the Commission shall commence a substantive evaluation of its contents. The Commission may utilize any technical assistance it deems necessary to aid in its review.(2) The Commission shall analyze the factors and considerations set out in 205 CMR 218.06(5) and 218.06(6) in no particular order, and giving any particular weights, or no weight, to any factor.(3) In reviewing any application, the Commission may also utilize any of the following methods, without limitation:(a) Public meetings and presentations; or(b) Requests for additional information, modified proposals, or applications from Applicants, including requesting the Applicants' "best and final" proposals.(4) The Commission shall deliberate on license applications in a public meeting, and shall not be required to use the procedures set out in 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings.(5) In determining whether any Applicant will be awarded a Sports Wagering License, the Commission will evaluate the Sports Wagering License Application to determine whether a license award would benefit the Commonwealth, and consider the following factors:(a) The Applicant's experience and expertise related to Sports Wagering, including: 1. The Applicant's background in Sports Wagering;2. The Applicant's experience and licensure in other jurisdictions with Sports Wagering;3. A description of the Applicant's proposed Sports W agering operation, or description, technical features, and operation of Sports Wagering platform, as applicable; and(b) The economic impact and other benefits to the Commonwealth if the Applicant is awarded a License, including: 1. Employment opportunities within the Commonwealth;2. The projected revenue from wagering operations, and tax revenue to the Commonwealth;3. For Category 1 and 2 Sports Wagering License Applicants, the Applicant's proposed plans for construction and capital investments associated with the license award; and4. Community engagement; and(c) The Applicant's proposed measures related to responsible gaming, including: 1. The Applicant's responsible gaming policies;2. The Applicant's advertising and promotional plans; and3. The Applicant's history of demonstrated commitment to responsible gaming; and (d) A description of the Applicant's willingness to foster racial, ethnic, and gender diversity, equity, and inclusion, including:1. Within the Applicant's workforce; Through the Applicant's supplier spend; and
2. In the Applicant's corporate structure; and(e) The technology that the Applicant intends to use in its operation, including: 2. Know-your-customer measures; and3. Technological expertise and reliability; and(f) The suitability of the Applicant and its qualifiers, including: 1. Whether the Applicant can be or has been determined suitable in accordance with 205 CMR 215;2. The Applicant's and all parties in interest to the license's integrity, honesty, good character, and reputation;3. The Applicant's financial stability, integrity, and background;4. The Applicant's business practices and business ability to establish and maintain a successful sports wagering operation;5. The Applicant's history of compliance with gaming or sports wagering licensing requirements in other jurisdictions; and6. Whether the Applicant is a defendant in litigation involving its business practices; and(g) Any other appropriate factor, in the Commission's discretion.(6)Additional Considerations for Applications for Untethered Category 3 Licenses(a) In determining whether a particular Applicant will be awarded an Untethered Category 3 License, the Commission shall take into consideration the variations between the Applicants as they relate to any other Sports Wagering License Applicants or licensees, and how granting any particular Application, or combination of Applications, would maximize overall benefits and minimize overall harms or the risk of harms to the Commonwealth.(b) The Commission may, in its discretion, implement competitive processes for awarding Untethered Category 3 Licenses, and may, without limitation: 1. Utilize scored or unscored selection systems;2. Grant or deny one or more particular applications, while reserving action on other applications for future deliberation; or3. Review applications in multiple phases or rounds, and use different review methodologies in each phase or round.(7)Supplemental Suitability Determinations(a) At any time after deeming an Applicant eligible to request a Temporary License in accordance with 205 CMR 218.07, the Commission may make a supplemental determination of suitability according to the standard set out in 205 CMR 215.01(1): Durable Finding of Suitability.(b) If the Commission determines under 205 CMR 218.06(7)(a) that the Applicant is:1. suitable, the Commission shall award the Applicant a Sports Wagering License in accordance with 205 CMR 218.07;2. unsuitable, the Commission shall deny the Applicant a Sports Wagering License in accordance with 205 CMR 218.07.Adopted by Mass Register Issue 1484, eff. 11/16/2022 (EMERGENCY).Amended by Mass Register Issue 1488, eff. 11/16/2022 (COMPLIANCE).