Current through Register Vol. 54, No. 44, November 2, 2024
(a) For individuals who are on the
interactive gaming self-exclusion list for 1 year or 5 years, upon the
conclusion of the period of self-exclusion, the individual will be removed from
the interactive gaming self-exclusion list without further action on his
part.
(b) For individuals who have
elected to be interactive gaming self-excluded for less than lifetime, the
individual may be removed from the interactive gaming self-exclusion list if
all of the following has occurred:
(1) The
individual has filed a petition with the Board's Office of Hearings and appeals
requesting to be removed from the interactive gaming self-exclusion
list.
(2) The individual has
presented facts and circumstances which, in the Board's discretion, demonstrate
a compelling reason for the Board to grant early removal from the interactive
gaming self-exclusion list.
(3) The
Board has found by a preponderance of the evidence that the person should be
removed from the interactive gaming self-exclusion list and issues an order to
that effect.
(c) For
individuals who selected lifetime interactive gaming self-exclusion under
§
815a.3(d)(3)
(relating to requests for interactive gaming self-exclusion):
(1) After being on the interactive gaming
self-exclusion list for a period of 10 years, the individual may petition the
Board to be removed from the interactive gaming self-exclusion list.
(2) The petition shall be filed with the
Board in writing, and shall be accompanied by all of the following:
(i) Documentation from a treatment provider
who is certified by the International Gambling Counselor Certification Board or
who has received a Problem Gambling Endorsement from the Pennsylvania
Certification Board to conduct problem gambling assessments that the individual
has completed a problem gambling assessment.
(ii) Documentation from a treatment provider
that the individual has completed the treatment recommendation, if any, made
after the assessment by the State-funded problem gambling treatment
provider.
(3) After the
petition is filed, OCPG will provide documentation to the Office of Enforcement
Counsel regarding whether the individual has been known to engage in or attempt
to engage in interactive gaming while self-excluded, including dates and
times.
(4) The petition shall be
handled in accordance with the procedures for petitions found in Subpart H of
the Board's regulations, including all confidentiality provisions.
(5) As the petitioner, the interactive gaming
self-excluded individual filing the petition for removal from the interactive
gaming self-exclusion list bears the burden of proof in showing that removal
from the list would not be detrimental to the individual's physical or mental
well-being and would not have a negative impact on gaming in the
Commonwealth.
(6) If the Board:
(i) Grants the petition, it shall deliver to
the individual by first class mail an Order approving the petition for removal
from the interactive gaming self-exclusion list, and provide to the individual
the contact information for OCPG for information on how to complete the removal
process.
(ii) Denies the petition,
it shall deliver to the individual by first class mail an Order denying the
petition for removal from the interactive gaming self-exclusion list, which
shall notify the individual that he or she shall remain on the interactive
gaming self-exclusion list and include the reason for denial.
(7) Any petitioner whose petition
is denied by the Board shall be prohibited from filing a subsequent petition
for removal from the lifetime interactive gaming self-exclusion list for a
period of five years from the date of denial.
This section cited in 58 Pa. Code §
815a.3 (relating to requests for
interactive gaming self-exclusion); and 58 Pa. Code §
815a.4 (relating to interactive
gaming self-exclusion list).
