Chapter 3775-1 | General Provisions

Rule 3775-1-01 | Definitions.

• Effective: October 15, 2022
• Promulgated Under: 119.03

(A) The words and terms defined in section 3775.01 of the Revised Code are used in this agency as they are defined in that section, unless otherwise specified.

(B) As used in Chapter 3775. of the Revised Code and the rules adopted thereunder, the following words have the following meanings, unless the context clearly indicates otherwise:

(1) "Advertisement" means a notice, announcement, or communication to the public, or any specific member(s) thereof, made by a sports gaming proprietor or on its behalf, designed to solicit or entice a person to participate in the sports gaming offerings of a sports gaming proprietor through broadcasting, publication, or any other means of dissemination in this state.

(2) "Affiliate marketer" means a person who conducts promotion, marketing, advertising or patron recruitment for a sports gaming proprietor in this state either:

(a) Through a website or mobile application; or

(b) In exchange for a commission or variable fee based upon the number of users recruited, wagering activity generated, revenue generated, or any other metric.

(3) "Application" means the total written materials, including the instructions, forms, and other documents issued by the commission, comprising an applicant's request for a license.

(4) "Appointing professional sports organization" means a professional sports organization that is a member of a league, association, or organization that prevents the professional sports organization from being subject to the regulatory control of the Ohio casino control commission or from otherwise operating under a sports gaming proprietor license.

(5) "Beneficial and proprietary interest" means a direct or indirect interest of five per cent or more.

(6) "Conduct" means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of sports gaming in this state and includes participating in the conduct at issue.

(7) "License" or "plenary license" means the complete and approved document issued by the commission that indicates that an applicant has been chosen for licensure and has met all requirements set forth in Chapter 3775. of the Revised Code and the rules adopted thereunder.

(8) "Licensee" means any person who holds a valid plenary or provisional license.

(9) "Person" has the same meaning as in section 3772.01 of the Revised Code.

(10) "Person in control" means any person meeting division (C) of section 3775.03 of the Revised Code but does not include persons in control of an appointing professional sports organization.

(11) "Provisional license" means a complete and approved document issued by the commission that indicates an applicant has been chosen for temporary licensure in accordance with Section 4 of Amended House Bill 29 of the 134th General Assembly.

(12) "Sports gaming employee" means any individual required to obtain a sports gaming occupational license under Chapter 3775. of the Revised Code and the rules adopted thereunder.

(13) "Sports gaming equipment" has the same meaning in division (P) of section 3775.01 of the Revised Code, but does not include any device, software, or component that does not affect the operational integrity of sports gaming, as determined by the executive director.

(14) "Sports gaming proprietor" has the same meaning as in division (T) of section 3775.01 of the Revised Code and includes "mobile management services provider" and "management services provider" to the extent any sports gaming proprietor has contracted its rights, duties, and liabilities to the mobile management services provider or management services provider under division (E) of sections 3775.05 and 3775.051 of the Revised Code.

(15) "Sports gaming system" means:

(a) The sports gaming equipment necessary to allow a participant to place, review, or modify wagers, as allowed by the sports gaming proprietor, as well as be paid for winning wagers;

(b) The sports gaming equipment the proprietor uses to review, manage, and report information related to user accounts, wager placement, or wager outcome. This does not include the equipment or communications technology simply used to access the sports gaming system or the intermediary software that connects the user to their financial institution; and

(c) Any other sports gaming equipment that the executive director determines is related to the sports gaming system.

(16) "Suspicious sports gaming activity" means unusual sports gaming activity that cannot be explained and is indicative of any of the following: match fixing, the manipulation of a sport, misuse of inside information, a potential breach of a sports governing body's internal rules or code of conduct pertaining to sports gaming, any other conduct that corrupts the outcome of a sport, and any other prohibited activity.

(17) "Unusual sports gaming activity" means an abnormal betting or wagering activity or pattern exhibited by a patron or patrons. This activity or pattern may include abnormal wager amounts or changes to wager volume based upon expected wager amount, sport type, or wager type.

Last updated October 17, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: Chapter 3775.
Five Year Review Date: 10/15/2027

Rule 3775-1-02 | Authority and purpose.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) The purpose of agency 3775 of the Administrative Code is to ensure the integrity of sports gaming in this state.

(B) The commission may, under procedures established in Chapter 119. of the Revised Code, adopt, amend, or repeal such rules as it deems necessary and proper for the successful and efficient regulation of sports gaming under Chapters 3772. and 3775. of the Revised Code.

(C) The rules contained in agency 3775 of the Administrative Code are adopted pursuant to Chapter 3772. or 3775. of the Revised Code.

(D) The commission may, in its discretion and where permitted by law, delegate its authority to perform any of its functions related to the regulation of sports gaming to the executive director or to other employees of the commission. Such delegations are to be governed by rule 3772-2-05 of the Administrative Code.

Last updated June 15, 2022 at 9:45 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: Chapter 3775
Five Year Review Date: 6/15/2027

Rule 3775-1-03 | Construction.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) The provisions of agency 3775 of the Administrative Code are to be construed in accordance with generally accepted principles of statutory construction, including those set forth in agency 3772 of the Administrative Code.

(B) In the interpretation of any provision of agency 3775 of the Administrative Code, any ambiguity is to be resolved in favor of the interpretation that would provide:

(1) The greater assurance of integrity in either the operation or regulation of sports gaming; or

(2) Heightened public confidence in the regulation or regulatory processes related to sports gaming.

(C) Nothing contained in agency 3775 of the Administrative Code is to be construed to limit the powers and duties of the commission as provided in Chapter 3772. or 3775. of the Revised Code or to conflict with any provision of the Revised Code or any other applicable law.

(D) If any provision of agency 3775 of the Administrative Code is held invalid, that holding is not to be construed to invalidate any other provision of agency 3772 or 3775 of the Administrative Code.

Last updated June 15, 2022 at 9:45 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: Chapter 3775
Five Year Review Date: 6/15/2027

Rule 3775-1-04 | Waivers and variances.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) The commission may waive or grant a variance from the provisions of agency 3775 of the Administrative Code, either on its own or upon a written request, if the commission determines that the waiver or variance is in the best interests of the public.

(B) A person required to obtain a license under Chapter 3775. of the Revised Code may not seek a waiver from the requirements to apply for, obtain, or maintain a license or to pay a different fee amount than is required to apply for or obtain the license.

(C) A waiver or variance request submitted under this rule must be submitted in the manner prescribed by the executive director and contain the following:

(1) The requestors name, mailing address, telephone number, and electronic mail address;

(2) A contact person and that persons mailing address, telephone number, and electronic mail address;

(3) A detailed description of the specific provisions that the requestor is seeking to have waived or to vary from and the reason or reasons justifying the request;

(4) The requestors signature or the signature of a duly authorized representative of the requestor; and

(5) Any other information required by the executive director.

(D) In granting any waiver or variance, the commission may impose conditions or restrictions with which the requestor must comply. Failure to comply with the conditions or restrictions contained in an approved waiver or variance will immediately render the approval void and may result in discipline or other formal action as if the waiver or variance had never been granted.

(E) The commission may consider any waiver or variance request submitted under this rule at a meeting held under section 3772.02 of the Revised Code or delegate such responsibility to the executive director. If such a delegation occurs, the executive director will provide a written response to the requestor indicating whether the variance has been granted or denied.

(F) The commission, or the executive director if delegated, retains the sole authority to grant, deny, or modify a waiver or variance request submitted under this rule. The request may by denied or modified for any reason.

(G) Denial or modification of any waiver or variance request submitted under this rule does not require notice and an opportunity for hearing nor will it be considered an adjudication or final appealable order for purposes of Chapter 119. or section 2505.03 of the Revised Code. Such denial or modification will not be considered during any determination of the rights, duties, privileges, or benefits of legal relationships of the requestor.

Last updated June 15, 2022 at 9:45 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: Chapter 3775
Five Year Review Date: 6/15/2027

Rule 3775-1-05 | Records retention.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) Unless otherwise required by Chapter 3775. of the Revised Code or any rules adopted thereunder, each sports gaming proprietor, mobile management services provider, management services provider, and supplier must retain and maintain, in a place secure from theft, loss, or destruction, all the records required to be maintained by Chapter 3775. of the Revised Code or the rules adopted thereunder for at least five years from the date of the records creation, including:

(1) The business and organizational structure of the record holder;

(2) Correspondence, including reports, to or from the commission or any local, state, or federal governmental agency, or foreign gaming regulatory body;

(3) Any acquisition, construction, remodeling, or maintenance of a proposed or existing sports gaming facility in this state;

(4) All transactions and other records related to the lease, purchase, installation, operation, maintenance, or repair of sports gaming equipment stored, maintained, operated, possessed, or otherwise used in conducting sports gaming in this state;

(5) Financial statements, accounting records, ledgers, and internal and external audit records;

(6) Records related to the conduct of sports gaming in this state; and

(7) Any other books, records, or documents the commission requires, in writing, to be retained and maintained.

(B) Each sports gaming proprietor, mobile management services provider, management services provider, and supplier must retain and maintain, in a manner consistent with this rule, the personnel files for all sports gaming employee applicants or licensees for three years from the employment decision or last date of employment, as applicable.

(C) Each sports gaming proprietor, mobile management services provider, management services provider, and supplier must retain and maintain, in a manner consistent with this rule, any materials used to advertise, publicize, or otherwise promote sports gaming in this state for two years from the end of the advertising, promotional, or publicity campaign. If an affiliate marketer advertises, publicizes, or otherwise promotes sports gaming on behalf these entities, those records must be retained and maintained by either the affiliate marketer or the entity.

(D) All records required to be maintained must be organized or furnished by the record holder in a manner that enables the commission to locate, inspect, review, and analyze the records with reasonable ease and efficiency, when requested by the commission.

(E) Upon request, the record holder must provide the commission with the records required to be maintained by Chapter 3775. of the Revised Code or the rules adopted thereunder.

(F) Nothing in this rule should be construed to require disclosure of a record that is protected by the attorney-client privilege. If a record that is protected by the attorney-client privilege is at issue, the record holder must provide the commission with written notification of the records existence, including a general description of the record's contents and the basis for the privilege.

Last updated June 15, 2022 at 9:45 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: 3772.05, 3775.02, 3775.10
Five Year Review Date: 6/15/2027

Rule 3775-1-06 | Access to records, examinations under oath, and subpoena power.

• Effective: June 15, 2022
• Promulgated Under: 119.03

Consistent with the authority to do the same with respect to fantasy contests, skill-based amusement machine operations, and casino gaming and in the discharge of any duties imposed by Chapter 3772. or 3775. of the Revised Code, the commission may utilize and enforce its authority to access records and conduct examinations under oath as well as its subpoena power in accordance with section 3772.05 of the Revised Code, division (D) of section 3772.04 of the Revised Code, and rule 3772-2-06 of the Administrative Code.

Last updated June 15, 2022 at 9:46 AM

Supplemental Information

Authorized By: 3772.04, 3772.05, 3775.02
Amplifies: 3772.04, 3772.05, 3775.02
Five Year Review Date: 6/15/2027

Rule 3775-1-07 | Hearings.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) If the executive director concludes that administrative action should be taken against any applicant, licensee, or other person subject to the requirements of agency 3775 of the Administrative Code, the commission will provide notice of the proposed action in the manner prescribed under Chapter 119. of the Revised Code and Chapter 3772-21 of the Administrative Code.

(B) All hearings and hearing procedures are to be conducted in the manner described in Chapter 3772-21 of the Administrative Code.

Last updated June 15, 2022 at 9:46 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: Chapter 119, 3772.031, 3772.04, 3775.02
Five Year Review Date: 6/15/2027

Rule 3775-1-08 | Sanctions.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) The commission, at a meeting held under section 3772.02 of the Revised Code, may discipline any licensee, applicant, or other person subject to the jurisdiction of the commission pursuant to Chapter 3775. of the Revised Code for any of the following:

(1) Violating or failing to meet any provision or requirement of Chapter 3772. or 3775. of the Revised Code or any rules adopted thereunder;

(2) Engaging in any material or intentional misrepresentation or material omission;

(3) Engaging in any fraudulent act;

(4) Failing to cooperate with the commission;

(5) Failing to comply with all the terms and conditions of a settlement agreement or agreed order with the commission, and any subsequent amendment or modification;

(6) Failing to comply with the terms and conditions of a commission order or resolution, or any subsequent amendment or modification;

(7) Failing to allow the commission access to records as required under Chapter 3775. of the Revised Code and the rules adopted thereunder, to comply with the terms of a subpoena issued by the commission, or to testify on matters about which the person may be lawfully questioned; or

(8) Engaging in any conduct that undermines the integrity of, or publics confidence in, sports gaming in this state.

(B) The commission, at a meeting held under section 3772.02 of the Revised Code, has the authority to impose any discipline set forth in Chapter 3772. or 3775. of the Revised Code and any rules adopted thereunder, including any of the following:

(1) Denial, non-renewal, revocation, suspension, conditioning, or restriction of a license;

(2) Revocation, suspension, or restriction of the sports gaming operations of a sports gaming proprietor;

(3) A monetary fine;

(4) A monetary civil penalty; or

(5) Any other discipline imposed upon or agreed to by a licensee, applicant, or any other person.

(C) Without in any manner limiting the authority of the commission to impose the level and type of sanction it may consider appropriate, the commission may take into consideration:

(1) The risk to the public and to the integrity of sports gaming in this state;

(2) Any criteria or factor listed in Chapter 3772. or 3775. of the Revised Code and any rules adopted thereunder; or

(3) Any other factors the commission may consider relevant.

(D) If the alleged violation is the result of, or results in, the unlawful obtainment or retention of any money or property, the commission may, in addition to any other penalty or fine levied under Chapter 3772. or 3775. of the Revised Code or any rules adopted thereunder, impose a civil penalty or fine in an amount equal to the money or value of the property that was unlawfully obtained or retained.

(E) Any person issued an occupational license under Chapter 3775. of the Revised Code and the rules adopted thereunder whose employment has been terminated is subject to revocation of his or her license for any act or failure to act that occurred while employed.

(F) The commission is not precluded from finding multiple violations within a day, if each violation is the result of separate and distinct acts.

(G) The commission may hold applicants, licensees, or other persons jointly and severally liable for violations of Chapter 3772. or 3775. of the Revised Code and the rules adopted thereunder.

Last updated June 15, 2022 at 9:46 AM

Supplemental Information

Authorized By: 3775.02
Amplifies: 3772.04, 3775.02
Five Year Review Date: 6/15/2027

Rule 3775-1-09 | Sports gaming involuntary exclusion list.

• Effective: August 15, 2022
• Promulgated Under: 119.03

(A) The "sports gaming involuntary exclusion list" consists of the names and other identifying or descriptive information of those individuals who meet the criteria under Chapter 3772. of the Revised Code and this rule and have been placed on the list in accordance with section 3772.031, 3772.04, or 3775.13 of the Revised Code. This rule does not govern the Ohio VEP, as described in Chapter 3772-12 of the Administrative Code, or any exclusion required by division (F) of section 3775.13 of the Revised Code.

(B) An individual on the sports gaming involuntary exclusion list is prohibited from entering a sports gaming facility or the grounds of a sports gaming facility or from participating in the play or operation of sports gaming in this state.

(C) Each sports gaming proprietor must employ commercially reasonable methods to:

(1) Exclude any individual on the sports gaming involuntary exclusion list from entering their Ohio sports gaming facility; and

(2) Prevent such individual from engaging in sports gaming conducted by the sports gaming proprietor in Ohio.

(D) Each sports gaming proprietor must notify the commission, on a monthly basis, if an individual on the involuntary exclusion list has entered the sports gaming facility or has engaged in sports gaming conducted by the sports gaming proprietor in Ohio.

(E) This rule does not preclude a sports gaming proprietor from ejecting any individual from its sports gaming facility or from otherwise prohibiting an individual from engaging in sports gaming offered by the sports gaming proprietor for any lawful reason. The sports gaming proprietor may request that the commission place an ejected individual on the sports gaming involuntary exclusion list, but the decision to initiate an involuntary exclusion proceeding or to place an individual on the sports gaming involuntary exclusion list rests solely with the commission.

(F) As required by division (B)(2) of section 3775.13 of the Revised Code, a sports gaming proprietor must notify the commission if the sports gaming proprietor excludes an individual because the sports gaming proprietor determines that the individual engaged or attempted to engage in any sports gaming related activity that is prohibited under Chapter 3775. of the Revised Code and the rules adopted thereunder. This report can be combined with any report the sports gaming proprietor files under paragraph (D) of this rule.

Last updated August 15, 2022 at 8:38 AM

Supplemental Information

Authorized By: 3772.031, 3775.02
Amplifies: 3772.031, 3772.04, 3775.13
Five Year Review Date: 8/15/2027