Current through Register Vol. 54, No. 44, November 2, 2024
(a) For individuals who are on the video
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 video gaming
self-exclusion list without further action on the individual's part.
(b) For individuals who have elected to be
video gaming self-excluded for less than lifetime but has not yet reached the
date of completion of the selected self-exclusion period, the individual may be
removed from the video 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 video 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 video gaming self-exclusion
list.
(3) The Board has found by a
preponderance of the evidence that the person should be removed from the video
gaming self-exclusion list and issues an order to that effect.
(c) For individuals who selected
lifetime video gaming self-exclusion under §
1119a.3(d)(3)
(relating to requests for video gaming self-exclusion):
(1) After being on the video gaming
self-exclusion list for a period of 10 years, the individual may petition the
Board to be removed from the video 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 video 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 video gaming
self-excluded individual filing the petition for removal from the video 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 video gaming self-exclusion list, and provide to the individual the
contact information for the 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 video gaming self-exclusion list, which shall
notify the individual that he or she shall remain on the video 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 video gaming self-exclusion list for a period of 5 years from
the date of denial.
This section cited in 58 Pa. Code §
1119a.3 (relating to requests for
video gaming self-exclusion); and 58 Pa. Code §
1119a.4 (relating to video gaming
self-exclusion list).
