3772-12-02 Application for voluntary exclusion.

(A) An application for voluntary exclusion shall be available at the commission's office in Columbus and at the on-site commission facility in each casino facility.

(B) An individual may request to be excluded from a casino facility in this state by:

(1) Requesting an application in person from commission staff or a designated agent; and

(2) Completing an application for voluntary exclusion on a form required by the commission in the presence of commission staff or a designated agent.

(C) If an individual is unable to appear in person at the commission's office in Columbus or at an on-site commission facility in a casino facility, the individual may contact the commission's Columbus office during regular business hours so that other arrangements can be made.

(D) After receipt of a completed application for voluntary exclusion, commission staff or its designated agent shall interview the individual in order to:

(1) Ascertain that the individual is voluntarily applying for exclusion;

(2) Ascertain that the individual is fully informed of the consequences of being placed on the voluntary exclusion list; and

(3) Confirm the information provided in the application.

(E) As part of the request for voluntary exclusion, the individual must elect the time period for which he or she wishes to be voluntarily excluded. An individual may select any of the following time periods as a minimum length of exclusion:

(1) One year;

(2) Five years; or

(3) Lifetime.

After an individual's request for voluntary exclusion has been processed by the commission and the individual's name is added to the voluntary exclusion list, that individual may not apply to decrease the length of exclusion. A voluntarily excluded individual who elected to participate in the program for a period of one year or five years may resubmit a request for voluntary exclusion at any time to increase the minimum length of exclusion. An individual who has been voluntarily excluded for a period of one year or five years will continue to appear on the list after the expiration of that time period until such time as he or she completes a request for removal under rule 3772-12-05 of the Administrative Code. An individual that selects lifetime, cannot request removal under rule 3772-12-05 of the Administrative Code.

(F) The list of individuals participating in the voluntary exclusion program and the personal information of those individuals shall be confidential pursuant to division (D)(10)(d) of section 3772.03 of the Revised Code and shall be disseminated by the commission to a casino operator and casino operator's agents and employees for purposes of enforcement and to other entities, upon request of the participant and agreement by the commission.

(G) Each casino operator shall be notified by the commission of the placement of any individual on the voluntary exclusion list. All information contained in the individual's application for voluntary exclusion may be disclosed to a casino operator. A casino operator may disclose information about individuals on the voluntary exclusion list to the commission and to the casino operator's or affiliate's employees and agents who are directly responsible for excluding individuals from the casino facility.

(H) Nothing in this chapter shall prohibit a casino operator from disseminating the name and personal information of an individual on the voluntary exclusion list to an affiliate or an affiliated gaming facility of a casino operator, wherever located, as long as such dissemination is for the sole purpose of allowing the affiliate to exclude that individual from the gaming facility.

(I) A copy of the notice of placement on the voluntary exclusion list shall be delivered by the commission to the applicant by regular U.S. mail to the residential address specified on the application.

(J) If the commission decides that an applicant does not qualify for placement on the voluntary exclusion list or that the applicant should be allowed to withdraw the application, the applicant shall be notified by the commission by regular U.S. mail sent to the home address specified on the application.

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Effective: 04/01/2012
R.C. 119.032 review dates: 04/01/2017
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01 , 3772.03 , 3772.18