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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3775-1 | General Provisions

 
 
 
Rule
Rule 3775-1-02 | Authority and purpose.
 

(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.
 

(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.
 

(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.
 

(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.
 

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.
 

(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.
 

(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