Chapter 3772-23 Involuntary Exclusion

3772-23-01 Establishment of involuntary exclusion list.

(A) The "involuntary exclusion list" shall consist of the names and information of those individuals who meet the criteria under Chapter 3772. of the Revised Code and this chapter and have been placed on the list by the commission.

(B) An individual on the involuntary exclusion list is prohibited from entering any casino facility in this state.

(C) This chapter does not preclude a casino operator from ejecting any individual from its casino facility for any lawful reason. The casino operator may seek to have the commission place an individual the casino operator has ejected on the involuntary exclusion list.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 10/14/2016 and 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 3772.031
Prior Effective Dates: 04/19/2012

3772-23-02 Requirements of involuntary exclusion list.

(A) The commission will maintain the involuntary exclusion list. The commission will notify each casino operator of the initial list. The commission will then periodically update each casino operator of any revisions to the list.

(B) The involuntary exclusion list shall contain the name, physical description and, if available, the following information for each excluded individual:

(1) All known aliases;

(2) A photograph;

(3) The date the individual's name was placed on the list; and

(4) Any other relevant information as deemed necessary by the commission.

(C) Pursuant to section 3772.031 of the Revised Code, the involuntary exclusion list shall be published on the commission's website.

Effective: 1/1/2017
Five Year Review (FYR) Dates: 10/14/2016 and 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 3772.031
Prior Effective Dates: 04/19/2012

3772-23-03 Criteria to place an individual on the involuntary exclusion list.

The commission will consider the following criteria to determine if an individual is a threat to the interests of the state, to achieving the intents and purposes of Chapter 3772. of the Revised Code or to the strict and effective regulation of casino gaming and should be placed on the involuntary exclusion list:

(A) All criteria listed in section 3772.031 of the Revised Code;

(B) Whether the individual is included on another jurisdiction's exclusion list; or

(C) Whether the individual is subject to an order of the courts of this state excluding the individual from any casino facility.

Five Year Review (FYR) Dates: 10/14/2016 and 10/14/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 3772.031
Prior Effective Dates: 04/19/2012

3772-23-04 Notice of placement on the involuntary exclusion list.

The commission shall notify the individual of the commission's intent to include such individual on the involuntary exclusion list pursuant to rule 3772-21-04 of the Administrative Code.

Five Year Review (FYR) Dates: 10/14/2016 and 10/14/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 3772.031
Prior Effective Dates: 04/19/2012

3772-23-05 Request for hearing.

An individual who receives a notice of intent to include the individual on the involuntary exclusion list is entitled to a hearing under Chapter 119. of the Revised Code and may request a hearing pursuant to rule 3772-21-04 of the Administrative Code.

Five Year Review (FYR) Dates: 10/14/2016 and 10/14/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 3772.031
Prior Effective Dates: 04/19/2012

3772-23-06 Casino operator.

(A) Each casino operator shall submit to the commission for its approval detailed internal control plans for compliance with this rule on a schedule approved by the commission.

(B) Each casino operator shall exclude any individual on the involuntary exclusion list from the casino facility.

(C) Each casino operator shall notify the commission's gaming agents, in writing, if an excluded individual has entered or attempted to enter the casino facility.

(D) Each casino operator shall train all relevant employees to understand the exclusion list and its function.

(E) Each casino operator shall distribute the most up-to-date copy of the involuntary exclusion list to all relevant employees.

(F) After the commission approves the casino operator's plan, it may not make any changes to the plan without notifying the commission of a proposed change on a schedule approved by the commission.

Replaces: 3772-23-06

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3772.031, 3772.033
Rule Amplifies: 3772.03, 3772.031
Prior Effective Dates: 05/12/2012