This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3770:2-8-01 | Definition, scope and purpose of the Ohio voluntary exclusion program.
Effective:
February 24, 2025
(A) As used in agency 3770 of the
Administrative Code, the following words have the following meanings, unless
the context clearly indicates otherwise: (1) "Excluded
entity" means all video lottery terminal facilities, as authorized in
section 3770.21 of the Revised Code; all casino facilities, as defined in
section 3772.01 of the Revised Code; and all sports gaming conducted by sports
gaming proprietors, as defined in section 3775.01 of the Revised Code and the
rules adopted thereunder. (2) "Excluded
facilities" means all video lottery terminal facilities, as authorized in
section 3770.21 of the Revised Code; all casino facilities, as defined in
section 3772.01 of the Revised Code and; all sports gaming facilities, and type
C proprietors as defined in section 3775.01 of the Revised Code. (3) "Ohio voluntary
exclusion program" or "Ohio VEP" means the combined voluntary
exclusion program, consisting of the Ohio lottery commission voluntary
exclusion program, created pursuant to section 3770.03 of the Revised Code;
Ohio casino control commission voluntary exclusion program, created pursuant to
section 3772.03 of the Revised Code; and the sports gaming voluntary exclusion
program, created pursuant to section 3775.02 of the Revised Code. (4) "Ohio VEP
application" means a prescribed contract that an individual must complete
and agree to in order to participate in the Ohio VEP. (B) The purpose of this rule is to help
curtail disordered and problem gambling in the state of Ohio by creating the
Ohio VEP. (C) Participants in the Ohio VEP agree to exclude
themselves from both excluded facilities and excluded entities, as further
enumerated in this chapter and the associated Ohio VEP
application. (D) Except as described in rule 3770:2-8-07 of the
Administrative Code, no person will be able to voluntarily exclude themselves
from only certain aspects or portions of the Ohio VEP. (E) Nothing in this rule will prohibit participants in the
Ohio VEP from entering an excluded facility for the purpose of carrying out the
duties of their employment. Any such individual must submit notification of
their employment in accordance with the procedure described on a prescribed
form. (F) The Ohio lottery commission or Ohio
casino control commission, in consultation with each other, may disclose
anonymized information from the Ohio VEP and any legacy voluntary exclusion
programs described in rule 3772-12-07 of the Administrative Code to one or more
research entities selected by the Ohio casino control commission for the
purpose of evaluating the effectiveness and ensuring the proper administration
of the Ohio VEP. (G) This rule is to be read in tandem
with rule 3770-12-01 of the Administrative Code.
Last updated February 24, 2025 at 9:04 AM
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Rule 3770:2-8-02 | Application to participate in the Ohio voluntary exclusion program.
Effective:
February 24, 2025
(A) Ohio VEP applications will be
available for completion at all Ohio video lottery terminal facilities, casino
facilities, and the online Ohio VEP portal. If an individual is unable to
appear in person at any of these facilities to complete an application and
unable to utilize the online portal, 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) No application will be accepted if it
is not completed in the presence of either commission's staff or through
the online Ohio VEP portal. (C) As part of the Ohio VEP application,
the individual will select the duration of their participation in the Ohio VEP.
An individual may select any of the following time periods as a length of
exclusion: (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) If an individual completing the Ohio
VEP application, in the presence of an Ohio lottery commission investigator or
Ohio casino control commission agent, appears to be doing so involuntarily or
while impaired, their application will be rejected. (E) After an individual's Ohio VEP
application has been processed, delivery of written confirmation of their
participation in the Ohio VEP will be attempted. Failure of delivery of the
notification does not negate the individual's participation in the Ohio
VEP.
Last updated February 24, 2025 at 9:04 AM
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Rule 3770:2-8-03 | Responsibilities of voluntarily excluded individuals.
Effective:
March 24, 2025
(A) Participants in the Ohio VEP agree to
abide by all terms listed in the Ohio VEP application, including refraining
from entering an excluded facility or engaging in or attempting to engage in
gaming offered by an excluded entity. (B) Except as provided in paragraph (C)
of this rule, participants who violate the terms of the Ohio VEP at a video
lottery gaming facility or a type C sports gaming facility, agree 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. (1) Seized assets at a
casino facility will be deposited into the state problem gambling and
addictions fund (2) Seized assets at a
video lottery terminal facility will be deposited to the Ohio lottery
commission for the sole use of problem gambling prevention and
treatment. (3) Seized assets from a
type C sports gaming proprietor's system will be deposited to the Ohio
lottery commission for the sole use of problem gambling prevention and
treatment. (C) Participants in the Ohio VEP must
agree to forfeit all points, complimentaries, or promotional credits earned by
the individual on or before the date the individual completed their Ohio VEP
application. However, if at the time the individual completed the Ohio VEP
application, the individual has placed a wager where the outcome is unknown or
undecided; or is owed a cash amount from an excluded entity or facility, the
individual still has the right to receive the amount owed, including the amount
due as a result of any pending wager winning, being voided, or otherwise being
canceled from the entity or facility, even after placement on the voluntary
exclusion program. No sports gaming wager that is currently pending at the time
of a participant's enrollment in the Ohio VEP may be voided or cancelled
by either party solely due to that participant's enrollment. To the extent
that promotional credits, complimentaries, or points described above may be
redeemed for cash under the entity's or facility's marketing program,
the individual is entitled to receive that amount. (D) A voluntarily excluded individual who
violates the terms of the Ohio VEP by entering any of the excluded facilities
may be subject to criminal prosecution. (E) The individual will remain a
participant in the Ohio VEP for at least the minimum duration of exclusion
selected by the individual before requesting to be removed subject to rule
3770:2-8-05 of the Administrative Code. (F) An Ohio VEP participant may request
to increase the duration of participation in the program at any
time.
Last updated March 24, 2025 at 10:17 AM
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Rule 3770:2-8-04 | Responsibilities of excluded facilities and excluded entities under the jurisdiction of the Ohio lottery commission.
Effective:
February 24, 2025
(A) This rule applies only to excluded
facilities and excluded entities in their capacity as either a video lottery
sales agent or type C sports gaming proprietor under the jurisdiction of the
Ohio lottery commission. (B) Each excluded facility will maintain
a system for indicating whether an individual is in the Ohio VEP and will have
approved procedures to update that system with changes in the enrollment status
of these individuals at least once every seven days. (C) Each excluded entity will have
approved procedures to download and maintain the list of Ohio VEP participants
at least once every seven days. (D) Video lottery sales agents will
immediately notify Ohio lottery commission staff if an Ohio VEP participant is
found on the premises. (E) Within seventy-two hours of an Ohio
VEP participant being found at an excluded facility or submitting a sports
gaming claim to an excluded entity will provide to the Ohio lottery commission,
in writing, the following: (1) The individual's
name; (2) The individual's
date of birth; (3) The circumstances of
the individual's violation or attempted violation of the Ohio
VEP; (4) The individual's
gaming activity, if any; and (5) The amount of any
prize won, claimed, or attempted to be claimed including, but not limited to
jackpots, credits, vouchers and/or sports betting
tickets/vouchers. (F) Nothing in this rule mandates an
excluded facility to notify the Ohio lottery commission of an individual found
on premises who was on property solely for purposes of: (1) Seeking removal from
the Ohio VEP; or (2) Claiming payments
owed to the participant. (G) Each excluded facility and excluded
entity will comply with the Ohio lottery commission's operating standards
to reports on Ohio VEP participants who violated the terms of the Ohio VEP
contained in Chapters 3770:2-8 and 3772-12 of the Administrative
Code. (H) Any amounts of money or things of
value reported in paragraph (E)(5) of this rule will be remitted to the Ohio
lottery commission in accordance with financial processing procedures. Each
excluded entity will notify an Ohio lottery commission employee if an Ohio VEP
participant attempts to claim a prize that is reportable to the IRS. Any
amounts of money will be remitted to the Ohio lottery commission in accordance
with financial processing procedures. (I) Nothing in this chapter will preclude
an excluded facility, an excluded entity, 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 Ohio VEP
program. (J) No sports gaming wager that is
currently pending at the time of a participant's enrollment in the Ohio
vep may be voided or canceled by either party solely due to that
participant's enrollment.
Last updated February 24, 2025 at 9:04 AM
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Rule 3770:2-8-05 | Removal from the Ohio voluntary exclusion program.
Effective:
February 24, 2025
(A) A participant enrolled in the Ohio
VEP will remain enrolled, even after the program applicable exclusion period,
identified in paragragh (C) of rule 3770:2-8-05 of the Administrative Code.
(B) Upon reaching the selected minimum
length of voluntary exclusion, an individual may request removal from the Ohio
VEP. (C) An individual may be removed from the one-year or
five-year exclusion list by requesting and completing an unaltered application
for removal. (D) 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 the Ohio
VEP education program on problem gambling awareness; and (3) Requested and
completed an unaltered application for removal.
Last updated February 24, 2025 at 9:04 AM
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Rule 3770:2-8-06 | Responsible gambling plan.
Effective:
September 25, 2022
(A) Each video lottery facility and type
C sports gaming proprietor shall comply with the Ohio lottery commission's
operating standards and provide a responsible gambling plan, which includes the
Ohio VEP procedures subject to approval of the director.
Last updated September 26, 2022 at 8:43 AM
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Rule 3770:2-8-07 | Prior voluntary exclusions.
Effective:
February 24, 2025
(A) This rule applies only to those
individuals who submitted their application to join the Ohio VEP between March
1, 2019 and September 25, 2022, and have not yet sought removal from the
applicable program. (B) The individuals who submitted their
application to join the Ohio VEP prior to the effective date of this rule may
continue their participation and voluntary exclusion from only the four casino
facilities and seven video lottery terminal facilities in the state of
Ohio. (C) The application for voluntary
exclusion signed by the individual at the time of enrollment governs their
participation. These individuals may submit an Ohio VEP application, pursuant
to rule 3770:2-8-02 of the Administrative Code. The individual's selected
length of exclusion on this application will supersede their previously
selected length of exclusion and will expand to all excluded entities and
facilities. (D) Notwithstanding any rules to the
contrary, or the terms of the applicable application to join the voluntary
exclusion program, those individuals who selected the lifetime exclusion are
permitted to seek removal from the Ohio VEP if they comply with the
requirements set forth in paragraph (D) of rule 3770:2-8-05 of the
Administrative Code.
Last updated February 24, 2025 at 9:04 AM
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