Current through Register 1518, March 29, 2024
(1) An Operator may
submit a renewal request in accordance with
205 CMR
231.00 on a form approved by the Commission no earlier
than 12 months before, and no later than nine months before, the date on which
the Operator's Sports Wagering License is scheduled to expire.
(2) The Commission may, in its discretion,
extend the time for filing a complete renewal request to enable an Operator to
cure a deficiency in its request, provided that the renewal request was
submitted before the established deadlines, or to provide a reasonable
additional time for filing in cases where extraordinary circumstances prevented
a timely filing.
(3)
Administrative Sufficiency Review.
(a) The Commission's Division of Licensing
will review each renewal request for administrative sufficiency.
(b) When determining whether a request is
administratively sufficient, the Division of Licensing shall review only the
form required by
205
CMR 231.01(1), and only
determine whether all information or materials required to be provided in
response to each question or request has been submitted.
(c) If a request is determined to be
insufficient:
1. The Division shall notify the
Operator by email. The notification shall specifically identify the
deficiencies.
2. The Operator shall
have the right to submit supplemental or corrected information to cure the
deficiencies within one month.
3.
For each deficient request component, the one-month period established in
205
CMR 231.01(3)(c)b. shall
begin the day after:
a. The last date to
submit a renewal request, as established by
205
CMR 231.01(1), if that date
has not passed; or
b. The date on
which the notification sent pursuant to
205
CMR 231.01(3)(c)1. was sent,
if the last date to submit a renewal request, as established by
205
CMR 231.01(1), has passed.
d. A positive determination of
administrative sufficiency shall not constitute a finding with respect to the
accuracy of the information submitted, and shall not bar a request for further
information by the Commission, the Bureau or their agents and employees with
respect to the request.
(4)
Non-expiration of Licenses
While Timely Renewal Request Is Pending.
(a) In accordance with M.G.L. c. 30A, §
13, if an Operator has submitted a timely renewal request, the Operator's
Sports Wagering License shall not expire until:
1. the request has been finally determined by
the Commission; or
2. the operator
fails to cure a deficiency within the time permitted by
205
CMR 231.01(3)(c).
(b) A renewal request shall be
considered timely if it has been submitted within the time permitted, as
applicable, by
205
CMR 231.01(1) and (2) or
205
CMR 231.01(3)(c).
(5) Before the Commission may
consider the renewal request, the Bureau shall conduct an investigation and
submit a written report to the Commission. The Bureau's investigation and
written report shall address, at a minimum:
(a) The topics listed in
205
CMR 215.01(2)(b);
(b) The Operator's history of compliance with
M.G.L. c. 23N and 205 CMR et seq.; and
(c) Any other topic as directed by the
Commission.
(6) Upon
receiving a report from the Bureau in accordance with
205
CMR 231.01(5), the
Commission shall, at an open public meeting, either grant or deny the requested
renewal.
(7) In reviewing the
renewal request, the Commission may, at such times and in such order as the
Commission deems appropriate, take any of the actions listed in
205
CMR 218.04(1) or
205
CMR 218.05: Public Meetings Regarding
Wagering Applications.
(8)
Evaluating the Renewal Request.
(a) If the Operator continues to meet all
requirements of M.G.L. c. 23N and the rules and regulations of the Commission,
the Commission shall grant the requested renewal.
(b) If the Operator has violated any
requirements of M.G.L. c. 23N or the rules and regulation of the Commission:
1. The Commission may, in its sole
discretion, grant or deny the requested renewal.
2. In deciding whether to grant or deny the
requested renewal, the Commission may consider, in addition to any other
factor, the seriousness and duration of the Operator's violation or violations;
the Operator's mitigation or remediation efforts; and the Operator's overall
history of compliance with M.G.L. c. 23N and 205 CMR.
(9) If the Commission grants the
requested renewal:
(a) Within 30 days, the
Operator shall pay a nonrefundable license fee of $5,000,000. The payment shall
be made in accordance with
205
CMR 221.02: Payment of
Fees.
(b) The term of the
license shall be extended for five years. The determination of the License's
new expiration date shall exclude any automatic extension provided for by
205
CMR 231.01(4).
(10)
Limited Extension
to Wind Down Sports Wagering Operations. Except as required by
other regulations or a lawful order of the Commission: if the Commission denies
the requested renewal, the License shall expire no sooner than two weeks after
the date on which the Commission denies the renewal, or upon such later date as
the Commission determines is necessary to allow wind down of the Operator's
operations in the Commonwealth.
(11)
Fee. The
renewal request shall be accompanied by a nonrefundable application fee of
$50,000 to defray the costs associated with the processing of the application
and investigation of the licensee. Except for the amount of the fee, said fee
shall be subject to the provisions of
205
CMR 214.01: Application Fees
and 205 CMR 214.02:
Application Fees for Investigations.
