Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 111.00 - Phase 1 Application Requirements
Section 111.03 - Multi-jurisdictional Personal History Disclosure Form
Universal Citation: 205 MA Code of Regs 205.111
Current through Register 1531, September 27, 2024
(1) A PHD-MA shall be submitted by each category 1 and category 2 qualifier and shall be in a format prescribed by the commission and may require the qualifier to provide the following information and such additional information as the commission may, in its discretion, determine:
(a) Name, including maiden name
and any aliases or nicknames and applicable dates of use;
(b) Date of birth;
(c) Physical description;
(d) Current address and residence
history;
(e) Social Security
Number, which information is voluntarily provided in accordance with
5 U.S.C. §
552a;
(f) Citizenship and, if applicable,
information regarding resident alien status, including information regarding
passports;
(g) Marital history,
spouse, dependents and other family data;
(h) The gaming licensee or qualifier, gaming
vendor licensee or qualifier or holding company, as applicable, with which the
qualifier is affiliated, and the nature of the qualifier's position with or
interest in such entity;
(i)
Telephone number at the current place of employment;
(j) Employment history of the qualifier and
qualifier's immediate family;
(k)
Education and training;
(l) Record
of military service;
(m) Government
positions and offices presently or previously held, and the offices,
trusteeships, directorships or fiduciary positions presently or previously held
with any business entity;
(n)
Trusteeships or other fiduciary positions held by the qualifier and the
qualifier's spouse, and any denial or suspension of, or removal from, such
positions;
(o) Current memberships
in any social, labor or fraternal union, club or organization;
(p) Licenses and other approvals held by or
applied for by the qualifier or, where specified, the qualifier's spouse, in
the Commonwealth of Massachusetts or any other jurisdiction, as follows:
1. Any professional or occupational license
held by or applied for the by the qualifier or the qualifier's
spouse;
2. Motor vehicle
registrations and operator licenses held by or applied for the by the qualifier
or the qualifier's spouse, and any revocation or suspension thereof;
3. Possession or ownership of any pistol or
firearm, or any application for any firearm permit, firearm dealer's license,
or permit to carry a pistol or firearm;
4. Any license, permit, approval or
registration required to participate in any lawful gambling operation in the
Commonwealth of Massachusetts or any jurisdiction held by or applied for by the
qualifier; and
5. Any denial,
suspension or revocation by a government agency of a license, permit or
certification held by or applied for by the qualifier or the qualifier's
spouse, or any entity in which the qualifier or the qualifier's spouse was a
director, officer, partner or any owner of a 5% or greater interest;
(q) Any interest in or employment
presently or previously held by the qualifier with any entity which has applied
for a permit, license, certificate or qualification in connection with any
lawful gambling or alcoholic beverage operation in the Commonwealth of
Massachusetts or any other jurisdiction; and any current employment or other
association by the qualifier's family with the gambling or alcoholic beverage
industries in the Commonwealth of Massachusetts or any other
jurisdiction;
(r) Civil, criminal
and investigatory proceedings in any jurisdiction, as follows:
1. Arrests, charges or offenses committed by
the qualifier or any member of the qualifier's immediate family;
2. Any instance where the qualifier has been
named as an unindicted party or co-conspirator in a criminal proceeding or held
as a material witness;
3. Any
appearance before, investigation by or request to take a polygraph examination
by any governmental agency, court, committee, grand jury or investigatory body,
and any refusal to comply with a request to do so;
4. Any pardons, dismissals, suspensions or
deferrals of any criminal investigation, prosecution, or conviction;
5. Lawsuits to which the qualifier was or is
a party;
6. Any citation or charge
for a violation of a statute, regulation or code of any jurisdiction, other
than a criminal disorderly persons, petty disorderly persons or motor vehicle
violation; and
7. Any use,
distribution, or possession of any narcotic, hallucinogenic, drug, barbiturate,
amphetamine or other substance listed in M.G.L. c. 94C other than pursuant to a
valid prescription issued by a licensed physician;
(s) Any exclusion or barring from any casino,
gaming establishment or gambling/gaming related entity in any jurisdiction;
and
(t) Financial data, as follows:
1. All assets and liability of the qualifier,
and the qualifier's spouse and dependent children as indicated on the net worth
statement and supporting schedules in a format prescribed by the commission,
including cash, bank accounts, notes payable and receivable, real estate and
income taxes payable, loans, accounts payable and any other indebtedness,
contingent liabilities, securities, real estate interests, real estate
mortgages and liens, life insurance, pension funds, vehicles and other
assets;
2. Bank accounts, including
any right of ownership in, control over or interest in any foreign bank
account, and safe deposit boxes;
3.
Real estate interests held by the qualifier or the qualifier's spouse or
dependent children;
4. Businesses
owned;
5. Copies of Federal tax
returns and related information;
6.
Judgments or petitions for bankruptcy, insolvency or liquidation concerning the
qualifier or any business entity in which the qualifier held a 5% or greater
interest, other than a publicly traded corporation, or in which the qualifier
served as an officer or director;
7. Any business entity in which the qualifier
was an owner, director or officer which has been placed under some form of
governmental administration or monitoring;
8. Any garnishment or attachment of wages,
charging order or voluntary wage execution, including the amount, court, nature
of the obligation and the holder of the obligation;
9. Any repossessions of real or personal
property;
10. Any guarantees,
co-signatures or insuring of payments of financial obligations of any persons
or business entities;
11. Status as
executor, administrator or fiduciary of any estate;
12. Life insurance policies on the
qualifier's life which name someone other than the qualifier's family as a
beneficiary;
13. Positions held,
assets held, or interest received in any estate or trust;
14. Whether the qualifier has ever been
bonded for any purpose or been denied any type of bond, including the nature of
the bond and if applicable, the reason for denial;
15. Insurance claims in excess of $100,000.00
by the qualifier or the qualifier's spouse or dependent children;
16. Referral or finder's fees in excess of
$10,000.00;
17. Loans in excess of
$10,000.00 made or received by the qualifier, the qualifier's spouse or
dependent children;
18. Gifts in
excess of $10,000.00 given or received by the qualifier or the qualifier's
immediate family;
19. Brokerage or
margin accounts with any securities or commodities dealer;
20. Currency exchanges in an amount greater
than $10,000.00;
21. Information
regarding any instance where the qualifier or any entity in which the qualifier
was a director, officer or holder of a five percent or greater interest has
traded in foreign currencies or in a foreign commodities exchange, sold or
purchased discounted promissory notes or other commercial paper, or been a
party to any leasing arrangements in excess of $50,000.00; and
22. Information regarding any ownership
interest or financial investment by the qualifier in any entity which holds or
is an applicant for a license issued by the commission, or in any gambling
venture which does not require licensure by the commission, including persons
providing or reasonably anticipated to provide the qualifier with support in
the financing of such investment or interest; the extent and nature of the
qualifier's involvement in the management and operation of the entity; whether
the qualifier has or has agreed to assign, pledge or hypothecate such interest
or investment, the nature and terms of any such transaction and a copy of any
such agreement.
(2) In addition to the information in 205 CMR 111.03(1), a completed PHD-MA shall include the following:
(a) The name, address, occupation and phone
number of persons who can attest to the qualifier's good character and
reputation;
(b) A waiver of
liability as to the Commonwealth of Massachusetts and its instrumentalities and
agents for any damages resulting from any disclosure and publication of
information acquired during the license or investigation process;
(c) Consent to inspection, searches and
seizures and the supplying of handwriting exemplars; and
(d) A signed, dated and notarized
affidavit.
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