Chapter 3770:2-4 Key Gaming Employee Licenses

3770:2-4-01 Video lottery sales agent employee licensing.

(A) Video lottery sales agent employees may be required to obtain a license prior to being involved in any video lottery gaming licensed activity.

(B) Any individual who holds a license may perform the duties and responsibilities of any position within that category.

(C) Identification. A licensed employee shall have a photo taken for identification purposes and shall have all appropriate and necessary identification at all times while performing duties and responsibilities of any position that requires a license.

(D) Categories of employee licenses:

(1) Category one: key gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(2) Category two: gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(3) Category three: non-gaming employees as defined in rule 3770:2-2-01 of the Administrative Code. A non-gaming employee may be subject to licensure of the state racing commission as described in rules 3769-2-18 and 3769-12-18 of the Administrative Code.

(4) Category four: temporary licenses may be granted to an applicant for a key gaming or gaming employee license until appropriate processing is completed. Temporary licenses may also be granted to an employee of a video lottery sales agent who is performing short term duties in a facility. A temporary license may be valid for a term determined by the director.

Effective: 01/16/2012
R.C. 119.032 review dates: 10/28/2015
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.06.3770.21
Prior Effective Dates: 8/18/09 (Emer),10/28/2010

3770:2-4-02 Video lottery sales agent employee license application.

(A) Applicant age requirement. An individual who is eighteen years of age or older may apply for a license.

(B) Application form. Application for a license shall be made on a form approved by the director for this purpose. Without limitation, an application for a license may include the following requirements which an applicant must provide at the time of submission of the application or agree to comply with should a license be issued.

(1) An applicant must provide the applicant's legal name, address, social security number, and date of birth. Disclosure of any criminal charges or convictions must also be included in application;

(2) An applicant must provide a listing of all prior or current affiliations or employment in the gaming industry, whether operated by a government or private entity, and the dates of said affiliation or employment;

(3) An applicant must provide a listing of all prior or current affiliations or employment with a technology provider, and the dates of said affiliation or employment;

(4) An applicant must agree to submit to background checks and reviews as required by the director and comply with any process or procedure necessary to conduct and complete the required background checks and review;

(5) An applicant must agree to comply with all applicable provisions of the Lottery Act, all lottery rules, regulations, policies and directives of the commission or director relating to video lottery gaming and must agree to cooperate with the submission of any other records or documents deemed necessary by the director and to submit to any other checks or reviews deemed necessary by the director.

(C) Application updates or changes. All information required to be submitted as part of an application for a license must be updated if changes occur following the submission of an application.

Effective: 01/16/2012
R.C. 119.032 review dates: 01/16/2017
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03
Prior Effective Dates: 8/18/09 (Emer)

3770:2-4-03 Video lottery sales agent employee licenses; application review process.

(A) Application review. Upon receiving a proper application, the director shall determine if the applicant meets the requirements of the Lottery Act and the commission's rules and regulations pertaining to video lottery sales agent employees. The director shall consider the following:

(1) The results of the criminal, financial, or other background investigations, if any, of the applicant;

(2) Other information that the director deems relevant to a determination regarding an applicant's suitability for issuance of a license in accordance with applicable provisions of the Lottery Act, rules, regulations, policies and directives of the commission or director pertaining to video lottery gaming operations.

(B) Reciprocity. If an applicant has been licensed by another United States gaming jurisdiction, the state racing commission, or the Ohio casino control commission as a gaming employee, or other similar designation in connection with the operation of gaming, the director may, but is not required to, consider and rely upon any certifications or licenses obtained in connection with an application submitted to another United States gaming jurisdiction, the state racing commission, or the Ohio casino control commission.

Effective: 01/16/2012
R.C. 119.032 review dates: 01/16/2017
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02 and 3770.03
Prior Effective Dates: 8/18/09 (Emer)

3770:2-4-04 Video lottery sales agent employee licenses; issuance of license.

(A) Issuance of license. If after a review of an application and consideration of any other factors deemed relevant to the issuance of a license, the director determines that an applicant has met the requirements for issuance of a license, the director may issue the applicant a license on such terms and conditions deemed appropriate, including issuance of a temporary license.

(B) License term. Except for a temporary license, a license issued by the director shall be effective for a term of three years. Both a temporary license and an employee license are subject to suspension, modification, revocation or fine as required by the Lottery Act, rule, regulation, policy order or directive of the commission or director.

(C) License compliance. Upon issuance of a license, whether temporary or otherwise, a licensee shall be obligated to comply with all applicable provisions of the Lottery Act, rules, regulations, policies and directives of the commission or director and all the terms and conditions of the license agreement as set forth in the application, or any amendments or modifications thereto. Failure to comply with any and all obligations required may subject the license, whether temporary or otherwise, to suspension or revocation as set forth in rule 3770:2-4-06 of the Administrative Code, or to imposition of monetary penalties as set forth in rule 3770:2-4-07 of the Administrative Code. Issuance of a temporary license does not guarantee the issuance of a license.

Effective: 01/16/2012
R.C. 119.032 review dates: 01/16/2017
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02 and 3770.03
Prior Effective Dates: 8/18/09 (Emer)

3770:2-4-05 Video lottery sales agent employee licenses; denial of license.

(A) Denial of application. If after a full review of an application and consideration of any other factors deemed relevant to the issuance of a license, the director determines that an applicant has not met the requirements for issuance of a license, the director may deny the application.

(B) Mandatory denial of application. Except as provided in paragraph (C) of this rule, in the event any of the following are determined by the director, an application for a license shall be denied:

(1) An applicant has been convicted of any of the following offenses:

(a) A felony, or a crime involving moral turpitude;

(b) An offense involving illegal gambling; and

(c) An offense involving fraud or misrepresentation.

(2) An applicant is affiliated with a technology provider or other vendor engaged in the operation of video lottery gaming in the state which has been determined by the director to be an unacceptable affiliation.

(C) Offense conviction. The director may require an applicant who has been convicted of any of the offenses set forth in paragraph (B) of this rule to obtain an order from a court of competent jurisdiction to have the record of such offense sealed. If such an order is not obtained during the time specified by the director, the director may refuse the application. However, if the record of an applicant contains an offense set forth in paragraph (B) of this rule which is at least ten years old, the director may disregard the offense and may license the applicant.

(D) Hearings. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to an applicant for a license affected by a decision to deny an application for license. Such hearings shall be conducted by the director or a hearing officer designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. Nothing contained herein shall require the director to afford the employer or potential employer of an applicant for a license a hearing or an opportunity to be heard on any decision relating specifically to an application for a license.

(E) Applicant denial and reapplication. If an application is denied, an applicant may reapply, but any subsequent application shall require submission of a new application and payment of a separate fee, and shall only be submitted after any waiting period for reapplication, if any, established by the director, has expired.

Effective: 01/16/2012
R.C. 119.032 review dates: 01/16/2017
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02 and 3770.03
Prior Effective Dates: 8/18/09 (Emer)

3770:2-4-06 Video lottery sales agent employee licenses; suspension or revocation.

(A) License suspension or revocation. A license may be suspended or revoked as set forth:

(1) Non-compliance. The director may suspend or revoke a license of a licensee who does not comply with the Lottery Act, lottery administrative regulations, published policies or orders of the director or who does not comply with terms and conditions of the application and license.

(2) Conviction. The director may suspend or revoke a license if the licensee, is convicted of any of the offenses set forth in paragraph (B)(1) of rule 3770:2-4-05 of the Administrative Code.

(B) Right of hearing. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a licensee affected by an order to suspend or revoke a license. Such hearings shall be conducted by the director or a hearing officer designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final order by the director to suspend or revoke a license may be waived for reasons related to the public safety, convenience or trust which require immediate action. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the employee a subsequent opportunity for an adjudication hearing. Nothing contained herein shall require the director to afford the employer or potential employer of an applicant for a license a hearing or an opportunity to be heard on any order relating specifically to a license.

(C) Reapplication. If a license is revoked, an individual may reapply, but any subsequent application shall require submission of a new application which shall require a new review and payment of a separate application fee, and may only be submitted after any waiting period for reapplication, if any, established by the director, has expired.

Effective: 11/27/2014
Five Year Review (FYR) Dates: 11/17/2019
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.03 , 3770.21

3770:2-4-07 Video lottery sales agent employee licenses; renewal.

(A) Form of application. All applications to renew a video lottery sales agent employee license must be filed on a form approved by the director and shall be subject to review and approval by the director in accordance with the Lottery Act, rules, regulations, policies, orders and directives adopted, promulgated or issued by the commission or the director.

(B) License renewal process. Unless otherwise deemed necessary by the director, every three years, a licensee shall be required to resubmit a complete application in the manner and form as required by the director, if not otherwise specified in division 3770:2 of the Administrative Code.

(C) Submission date. An application to renew a license must be filed not more than sixty days prior to expiration, unless submission of a late renewal application is approved by the director.

(D) Licensing renewal fee. No video lottery sales agent employee license shall be renewed until a renewal licensing fee in the amount set forth in rules promulgated by the commission under division 3770:2-11 of the Administrative Code are submitted.

(E) Penalty. Any renewal license shall be subject to suspension, modification, revocation or fine as required by the Lottery Act, rule, regulation, policy, order or directives adopted, promulgated or issued by the commission or the director.

Effective: 11/27/2014
Five Year Review (FYR) Dates: 11/17/2019
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.03 , 3770.21