3772-4-10 Standards for contractors of casino operators.

(A) Each casino operator, management company or holding company licensee or applicant shall submit written minimum internal control standards for commission approval at least sixty days before the licensee or applicant's anticipated casino facility opening.

(B) Except as provided in paragraph (C) of this rule, each casino operator, management company or holding company licensee or applicant shall not enter into a contract with a contractor who/that will provide in excess of one hundred thousand dollars worth of goods and/or services to the licensee or applicant in a twelve month rolling period unless the contractor certifies all of the following:

(1) That the contractor's owners, officers or directors have not been convicted of or pleaded guilty to any felony, any gambling offense or any theft offense;

(2) That the contractor's owners, officers or directors have not been convicted of or pleaded guilty to any offense under section 2921.43 of the Revised Code;

(3) That the contractor's owners, officers or directors are not on the involuntary exclusion list;

(4) That the contractor does not have an unresolved finding for recovery pursuant to section 9.24 of the Revised Code;

(5) That the contractor has met all tax or other monetary obligations to the federal government, to this state and to any applicable local governments of this state;

(6) That the contractor has all approvals, licenses or other qualifications needed to conduct business in this state and that all are current;

(7) That the contractor will immediately notify the casino operator, management company or holding company licensee or applicant if at any time during the term of the contract any information provided in the contractor's certification changes; and

(8) That the contractor agrees and acknowledges that the contract is subject to immediate termination if the contractor provided any false or misleading information in its certification or if there is a subsequent material change to the certification.

(C) This rule does not apply to the following persons:

(1) Any person licensed or required to be licensed as a gaming-related vendor under Chapter 3772. of the Revised Code and the rules adopted thereunder;

(2) Licensed professional service firms, including attorneys, architects, engineers, and accountants;

(3) Regulated insurance company;

(4) Employee benefit or retirement plan provider, including the administrator;

(5) Regulated bank or savings and loan association;

(6) Public utilities;

(7) Municipalities; and

(8) Any other regulated entity as requested in writing by the licensed casino operator and approved by the executive director or executive director's designee.

(D) The casino operator, management company or holding company licensee or applicant shall notify the commission within five business days, if the licensee or applicant receives notification from the contractor pursuant to paragraph (B)(7) of this rule, terminates a contract pursuant to paragraph (B)(8) of this rule or discovers that a contractor has provided false or misleading information in its certification.

Effective: 05/19/2012
R.C. 119.032 review dates: 05/19/2017
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03