Chapter 3770:2-8 Responsible Gaming

3770:2-8-01 Scope and purpose of the Ohio voluntary exclusion program.

(A) The purpose of this chapter is to establish a statewide voluntary exclusion program, administered jointly by the Ohio lottery commission and the Ohio casino control commission, to help curtail problem gambling in the state of Ohio. As used in this chapter, the statewide voluntary exclusion program shall be referred to as the "Ohio voluntary exclusion program" or "Ohio VEP." This chapter is to be read in conjunction with Chapter 3772-12 of the Administrative Code.

(B) Participants in the Ohio VEP agree to exclude themselves from all casino facilities and all video lottery terminal facilities in the state of Ohio, including the restaurants, gaming and entertainment areas of such facilities. These facilities are collectively referred to in this chapter as "excluded facilities." Except as described in rule 3772-12-07 of the Administrative Code, a participant in the Ohio VEP will agree to refrain from entering excluded facilities during the term of the program and will not have the option to select one or more facilities or types of facilties from which to be excluded.

(C) Nothing in this chapter shall prohibit participants in the Ohio VEP from entering an excluded facility for the purpose of carrying out the duties of their employment.

Effective: 12/24/2018
Five Year Review (FYR) Dates: 12/14/2023
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03 , 3770.06, 3770.21

3770:2-8-02 Application to participate in the Ohio voluntary exclusion program.

(A) An application to participate in the Ohio VEP is available for completion at all Ohio casino facilities and video lottery terminal facilities. If an individual is unable to appear in person at any of these facilities to complete an application, the individual may contact staff from the Ohio lottery commission or the Ohio casino control commission during regular business hours to make alternative arrangements to complete the application.

(B) All applications to participate in the Ohio VEP must be completed in the presence of a staff member from the Ohio lottery commission or the Ohio casino control commission on a prescribed form. Applications that are not completed in this manner will not be accepted.

(C) An individual who applies to participate in the Ohio VEP will refrain from entering all excluded facilities for one of the following time periods:

(1) A minimum of one year;

(2) A minimum of five years; or

(3) Lifetime exclusion subject to paragraph (C) of rule 3770:2-8-05 of the Administrative Code.

(D) After receipt of a completed and unaltered application for the Ohio VEP, a commission staff member shall ensure the individual has:

(1) Applied voluntarily;

(2) Been fully informed of the consequences of participation in the Ohio VEP; and

(3) Confirmed the information provided in the application.

(E) If, at any time while completing an application to participate in the Ohio VEP, it appears in the sole discretion of the commission staff member in whose presence the application is being completed, that an individual is doing so involuntarily or is otherwise impaired, the application shall be rejected.

(F) After a request for voluntary exclusion has been processed, confirmation of participation in the Ohio VEP will be sent to the applicant in the manner requested on the application. Once approved, the Ohio VEP agreement is effective regardless of whether delivery of a confirmation is successful.

Effective: 12/24/2018
Five Year Review (FYR) Dates: 12/14/2023
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03 , 3770.06, 3770.21

3770:2-8-03 Responsibilities of voluntarily excluded individuals.

(A) Participants in the Ohio VEP agree to abide by all terms of the program, including refraining from entering all excluded facilities or otherwise participating or attempting to participate in any gambling or wagering activity offered at an excluded facility.

(B) A participant who violates the terms of the Ohio VEP at a video lottery facility agrees to surrender to the Ohio lottery commission any money or thing of value the individual has converted or attempted to convert into a wagering instrument, and any prize won, claimed, or attempted to be claimed, at the excluded facility. Any money surrendered to the Ohio lottery commission will be used for the benefit of problem gambling programs in Ohio.

(C) Participants in the Ohio VEP agree to forfeit all points or comps earned by the individual on or before the date the individual completed an application for the Ohio VEP. If at the time the individual completes an application to participate in the Ohio VEP, the individual is owed a cash amount from the excluded facility, the individual will retain the right to receive that amount from an excluded facility, even after enrollment in the Ohio VEP. To the extent that comps or points earned on or before the date an application is completed are redeemable for cash under an excluded facility's marketing program, the individual may claim that amount.

(D) An individual who violates the terms of the Ohio VEP by entering an excluded facility may be subject to criminal prosecution.

(E) The individual must remain a participant in the Ohio VEP for at least the minimum duration of exclusion selected by the individual before requesting to be removed.

(F) An Ohio VEP participant may request to increase the duration of participation in the program at any time.

Effective: 12/24/2018
Five Year Review (FYR) Dates: 12/14/2023
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03 , 3770.06, 3770.21

3770:2-8-04 Responsibilities of excluded facilities under the jurisdiction of the Ohio lottery commission.

(A) This section shall only apply to excluded facilities under the jurisdiction of the Ohio lottery commission. Each excluded facility shall maintain a system for indicating whether an individual is in the Ohio VEP and shall update the system with changes in the enrollment status of these individuals at least once every seven days.

(B) An excluded facility shall immediately notify a commission employee if an Ohio VEP participant is found on the premises of the facility. Within seventy-two hours of the incident, the facility shall provide a written report to the commission containing the following information:

(1) The individual's name;

(2) The individual's date of birth;

(3) The circumstances of discovery of the individual's presence at the facility;

(4) The individual's gaming activity, if any; and

(5) The amount of any jackpots, VLT credits and/or vouchers in the possession of the individual, or any prize won, claimed, or attempted to be claimed, at an excluded facility.

(C) Any amounts of money or things of value reported in paragraph (B)(5) of this rule shall be remitted to the commission in accordance with financial processing procedures.

(D) Nothing in this chapter shall prohibit an excluded facility or its employees and agents from seeking payment of a debt from an Ohio VEP participant if the debt was accrued prior to the individual's participation in the program.

Effective: 12/24/2018
Five Year Review (FYR) Dates: 12/14/2023
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02, 3770.21, 3770.01, 3770.06, 3770.03

3770:2-8-05 Removal from the Ohio voluntary exclusion program.

(A) A participant in the Ohio VEP is not automatically removed from the program at the end of the applicable exclusion period.

(B) An individual may be removed from the one-year or five-year exclusion list by requesting and completing an unaltered application for removal.

(C) An individual may be removed from the lifetime exclusion list, if the individual has:

(1) Remained in the Ohio VEP for at least five years;

(2) Completed an unaltered application for removal;

(3) Completed Ohio VEP education program on problem gambling awareness; and

(4) Submitted proof that the participant has completed a problem gambling assessment with a clinician or medical professional qualified to treat gambling disorders. Such professional must have received problem gambling-specific training, undergone voluntary exclusion training offered by the state of Ohio at least once in the last twenty-four months, and include gambling disorder treatment in the scope of the professional's practice.

Effective: 12/24/2018
Five Year Review (FYR) Dates: 12/14/2023
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01, 3770.02, 3770.03 , 3770.06, 3770.21