Current through Register Vol. 51, No. 19, September 20, 2024
A. A licensee is
subject to unannounced inspections conducted by the Commission in order to
evaluate and verify the licensee's compliance with State Government Article,
Title 9, Subtitle 1E, Annotated Code of Maryland, and the regulations
promulgated by the Commission for the Sports Wagering Program.
B. The Commission or a designee may conduct
an unannounced inspection without a warrant and take any of the following
actions:
(1) Conduct an inspection of
licensed sports wagering facilities, sports wagering facility operators, mobile
sports wagering licensees, online sports wagering operators, and sports
wagering contractors in which:
(a) Sports
wagering is conducted, offered or operated;
(b) Authorized sports wagering equipment or
associated equipment or software are:
(i)
Designed;
(ii) Assembled;
(iii) Manufactured;
(iv) Sold;
(v) Distributed;
(vi) Serviced; or
(vii) Physically located; or
(c) Records are prepared or
maintained for activities referenced in §B(1)(a) or (b) of this
regulation;
(2) Conduct
an inspection of sports wagering equipment or associated equipment in, about,
on, or around the premises specified in §B(1) of this
regulation;
(3) From the premises
specified in §B(1) of this regulation, summarily seize, remove, impound,
or assume physical control of, for the purposes of examination and inspection:
(a) Sports wagering equipment; and
(b) Associated equipment and
software;
(4) Inspect,
examine, and audit books, records, and documents concerning a sports wagering
licensee's sports wagering operation, including the financial records of:
(a) A principal or principal
corporation;
(b) A subsidiary
corporation; or
(c) An affiliated
entity; or
(5) Seize,
impound, copy, or assume physical control of:
(a) Books;
(b) Records;
(c) Ledgers;
(d) Cash boxes and their contents;
(e) A counting room or its
equipment;
(f) Other physical
objects relating to sports wagering operations; or
(g) Any record or object that a licensee is
required by law, regulation, or license terms to maintain.
C. During an inspection, a
licensee and its employees, agents, and representatives:
(1) Shall:
(a) Make available for inspection, copying,
or physical control a record that a licensee is required to maintain;
(b) Authorize any person having financial
records relating to the licensee to provide those records to the Commission;
and
(c) Otherwise cooperate with
the activities of the Commission described in this chapter; and
(2) May not knowingly interfere
with the authorized activity of the Commission during an unannounced
inspection.
D. An
unannounced inspection may be conducted at any time as determined by the
Commission.
E. The refusal of a
licensee or a licensee's employees or agents to provide the Commission with the
access necessary to perform an unannounced inspection may be the basis for
enforcement action under COMAR 36.10.08.
