Chapter 3772-12 | Voluntary Exclusion and Compulsive and Problem Gambling Plan Compliance Procedures

Rule 3772-12-01 | Definitions, purpose, and scope of the Ohio voluntary exclusion program.

• Effective: December 21, 2022
• Promulgated Under: 119.03

(A) As used in agency 3772 of the Administrative Code, the following words have the following meanings, unless the context clearly indicates otherwise:

(1) "Excluded entity" means all casino facilities, as defined in section 3772.01 of the Revised Code; all video lottery terminal facilities, as authorized in section 3770.21 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 casino facilities, as defined in section 3772.01 of the Revised Code; all video lottery terminal facilities, as authorized in section 3770.21 of the Revised Code; and all sports gaming facilities, 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 casino control commission voluntary exclusion program, created pursuant to section 3772.03 of the Revised Code; the state lottery commission voluntary exclusion program, created pursuant to section 3770.03 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 chapter is to help curtail disordered and problem gambling in the state of Ohio by creating the Ohio voluntary exclusion program.

(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 3772-12-07 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 chapter 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 casino control commission or state lottery 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 chapter is to be read in tandem with Chapter 3770:2-8 of the Administrative Code.

Last updated December 21, 2022 at 8:35 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13
Five Year Review Date: 12/21/2027

Rule 3772-12-02 | Application for Ohio voluntary exclusion.

• Effective: December 21, 2022
• Promulgated Under: 119.03

(A) Ohio VEP applications will be available for completion at all Ohio casino facilities, video lottery terminal 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 state 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 was 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 must 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, subject to paragraph (D) of rule 3772-12-05 of the Administrative Code.

(D) If an individual completing the Ohio VEP application, in the presence of an Ohio casino control commission or state lottery 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 December 21, 2022 at 8:35 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.18, 3772.03, 3775.02, 3775.13
Five Year Review Date: 3/1/2024
Prior Effective Dates: 4/1/2012, 6/1/2014, 3/1/2019

Rule 3772-12-03 | Responsibilities of voluntarily excluded individuals.

• Effective: December 21, 2022
• Promulgated Under: 119.03

(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 casino or sports gaming facility, or on an online sports pool, agree to surrender to the casino control 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 state lottery commission for the sole use of problem gambling prevention and treatment.

(3) All other seized assets will be deposited into the problem sports gaming fund.

(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 that is not yet decided 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 face charges for criminal trespass.

(E) The individual must remain a participant in the Ohio VEP for at least the minimum duration of their selected length of exclusion before they may request to be removed, subject to paragraph (D) of rule 3772-12-05 of the Administrative Code.

(F) An Ohio VEP participant may always request to increase their length of exclusion.

Last updated December 21, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13
Five Year Review Date: 12/21/2027
Prior Effective Dates: 6/1/2014

Rule 3772-12-04 | Responsibilities of excluded entities or facilities.

• Effective: December 21, 2022
• Promulgated Under: 119.03

(A) This rule only applies to excluded entities or facilities in their capacity as either a casino or sports gaming facility or in their capacity as an online sports pool.

(B) Each excluded entity or facility must maintain a system for indicating whether an individual is in the Ohio VEP and must have approved procedures to update the system with changes in the enrollment status of those individuals at least once every seven days.

(C) Casino operators must immediately notify Ohio casino control commission staff if an Ohio VEP participant is found on the premises.

(D) Within seventy-two hours of an Ohio VEP participant being found on premises or engaging in sports gaming through an online sports pool, an excluded entity or facility must provide to the Ohio casino control 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; and

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

(E) Nothing in this rule requires an excluded entity or facility to notify the Ohio casino control 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.

(F) Each excluded entity or facility must provide to the Ohio casino control commission a quarterly report of the number of participants in the Ohio VEP who were denied entry or sign-in to a casino facility, sports gaming facility, or online sports pool.

(G) Each excluded entity or facility must comply with the disordered and problem gambling plan established under rule 3772-12-06 of the Administrative Code.

(H) Nothing in this chapter prohibits an excluded entity or facility, or its employees and agents, from seeking payment of a debt from an Ohio VEP participant, if the debt was accrued prior to a participant's enrollment in the Ohio VEP.

(I) 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.

(J) A casino facility must apply the requirements of this rule to individuals participating in a voluntary exclusion program pursuant to rule 3772-12-07 of the Administrative Code.

Last updated December 21, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13
Five Year Review Date: 12/21/2027
Prior Effective Dates: 1/1/2017

Rule 3772-12-05 | Removal from the Ohio voluntary exclusion program.

• Effective: December 21, 2022
• Promulgated Under: 119.03

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

(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 by requesting and completing an unaltered application for removal.

(D) An individual may be removed from the lifetime exclusion, 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 December 21, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13
Five Year Review Date: 3/1/2024
Prior Effective Dates: 3/1/2019

Rule 3772-12-06 | Compulsive and problem gambling plan.

• Effective: September 17, 2022
• Promulgated Under: 119.03

(A) Each excluded entity and facility, who is a casino or sports gaming facility or an online sports pool, must provide to the Ohio casino control commission a disordered and problem gambling plan for approval. Each plan must, at minimum, include the following:

(1) The goals of the plan and procedures and timetables to implement the plan;

(2) The identification of the position responsible for the implementation and maintenance of the plan;

(3) Policies and procedures, including the following:

(a) Procedures for compliance with the Ohio VEP including, at a minimum:

(i) Procedures preventing an individual in the Ohio VEP from entering an excluded facility or engaging in or attempting to engage in gaming offered by an excluded entity;

(ii) Procedures identifying and removing individuals in the Ohio VEP from an excluded facility;

(iii) Procedures for preventing dissemination of any advertisement, promotion, or other direct marketing mailing fifteen days after the individual has been placed in the Ohio VEP;

(iv) Procedures for preventing an Ohio VEP participant from having access to credit or from receiving complimentary services, check-cashing services, and other benefits;

(v) Procedures for ensuring the confidentiality of the identity and the information of the Ohio VEP participants; and

(vi) Any other procedure required by the executive director.

(b) The duties and responsibilities of the employees designated to implement or participate in the plan;

(c) The responsibility of patrons with respect to safer gambling practices;

(d) Procedures to identify patrons and employees with suspected or known disordered and problem gambling behavior, including procedures specific to loyalty and other rewards and marketing programs;

(e) Procedures for providing information to individuals regarding the Ohio VEP and community, public and private treatment services, peer support groups, and similar treatment or addiction therapy programs designed to prevent, treat, or monitor individuals with a gambling problem or gambling disorder and to counsel family members, including for providing the information upon the request of a patron or employee;

(f) The provision of written material to educate patrons and employees about disordered and problem gambling and to inform them about the Ohio VEP and treatment services available to individuals with a gambling problem or gambling disorder and their families. The excluded entity or facility must provide the Ohio casino control commission examples of the materials to be used and a description of how the material will be disseminated;

(g) Advertising and other marketing and outreach to educate the general public about disordered and problem gambling;

(h) An employee training program, including training materials to be utilized and a plan for periodic reinforcement training and a certification process established by the excluded entity or facility to verify that each employee has completed the training required by the plan;

(i) Procedures to prevent underage gambling;

(j) Procedures for excluded facilities to prevent patrons impaired by drugs or alcohol, or both, from gambling; and

(k) The plan for posting signs within an excluded facility, containing information on gambling treatment and on the Ohio VEP, including examples of the language and graphics to be used on the signs;

(4) A list of public and private treatment services, peer recovery support groups, and similar treatment or addiction therapy programs designed to prevent, treat, or monitor individuals with a gambling problem or gambling disorder and to counsel family members; and

(5) Any other information, documents, and policies and procedures that the Ohio casino control commission requires.

(B) Each excluded entity or facility must submit quarterly updates and an annual report to the Ohio casino control commission of its adherence to the plans and goals submitted under this rule. This report must include any information that the excluded entity or facility has received related to bankruptcy, divorce, crime, and attempted or died by suicide related to gambling offered by an excluded entity or at an excluded facility, including:

(1) The name and date of birth of any individual;

(2) How the entity or facility came to know of the incident; and

(3) A brief description of the incident.

(C) A casino facility must apply the requirements of this rule to individuals participating in a voluntary exclusion program pursuant to rule 3772-12-07 of the Administrative Code.

Last updated September 17, 2022 at 1:27 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13
Five Year Review Date: 3/1/2024
Prior Effective Dates: 1/1/2017

Rule 3772-12-07 | Voluntary exclusions prior to the effective date of this rule.

• Effective: December 21, 2022
• Promulgated Under: 119.03

(A) This rule applies only to those individuals who submitted their application to join the Ohio casino control commission's voluntary exclusion program prior to March 1, 2019, and those individuals who submitted their application to join the Ohio VEP prior to the effective date of this rule and have not yet sought removal from the applicable program.

(B) The individuals who submitted their application to join the Ohio casino control commission's voluntary exclusion program prior to March 1, 2019, may continue their participation and voluntary exclusion from only the four casino facilities in the state of Ohio.

(C) 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.

(D) The application for voluntary exclusion signed by the individual at the time of enrollment governs their participation.

(E) These individuals may submit an Ohio VEP application, pursuant to rule 3772-12-02 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.

(F) 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 voluntary exclusion program if they comply with the requirements set forth in paragraph (D) of rule 3772-12-05 of the Administrative Code.

Last updated December 21, 2022 at 8:37 AM

Supplemental Information

Authorized By: 3772.03, 3772.033, 3775.02
Amplifies: 3772.01, 3772.03, 3772.18, 3775.02, 3775.13
Five Year Review Date: 3/1/2024
Prior Effective Dates: 3/1/2019