Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 234.00 - Sports Wagering Vendors › Section 234.04 - Investigation, Determination, and Appeals for Sports Wagering Vendors and Sports Wagering Registrants

Current through Register 1525, July 5, 2024
(1) Upon receipt of
			 an application for a Sports Wagering Vendor License or registration or a Sports
			 Wagering vendor qualification, the Division of Licensing shall conduct a review
			 of each for administrative completeness and then forward the application or
			 submission to the Bureau which shall conduct an investigation of the Applicant.
			 In the event an application or submission is deemed incomplete, the Division of
			 Licensing may either request supplemental information from the Applicant or
			 administratively close the application in accordance with
			 205
			 CMR 234.08. For individuals, the
			 investigation shall include obtaining and reviewing criminal offender record
			 information from the Department of Criminal Justice Information Services
			 (DCJIS) and exchanging fingerprint data and criminal history with the
			 Massachusetts Department of State Police and the United States Federal Bureau
			 of Investigation. The investigation shall be conducted for purposes of
			 determining whether the Applicant is suitable to be issued a license or
			 registration in accordance with
			 205
			 CMR 234.05 and
			 205
			 CMR 234.06.
(2) In determining the weight to be afforded
			 any information bearing on suitability in accordance with
			 205
			 CMR 234.05 or
			 205
			 CMR 234.06, the Division of Licensing,
			 Bureau, or Commission, as applicable, shall consider: the relevance of the
			 information to doing business with a Sports Wagering Operator in general,
			 whether there is a pattern evident in the information, and whether the
			 Applicant is likely to be involved in Sports Wagering related activity.
			 Further, the information will be considered in the light most favorable to the
			 Applicant, unless the information cannot be so viewed pursuant to M.G.L. c. 23K
			 or M.G.L. c. 23N, or the information obtained does not otherwise support such
			 view. For purposes of
			 205 CMR
			 234.00, an adjudication of delinquency shall not be
			 considered a conviction. Such a finding may, however, be considered for
			 purposes of determining the suitability of an Applicant. Sealed or expunged
			 records of criminal or delinquency appearances, dispositions, and/or any
			 information concerning such acts shall not be considered for purposes of making
			 a suitability determination in accordance with
			 205 CMR
			 234.00, and M.G.L. c. 23N.
(3)
Sports Wagering Vendor
			 License Decisions
. Upon completion of the investigation, conducted
			 in accordance with
			 205
			 CMR 234.04(1), the Bureau
			 shall either approve or deny the application for a Sports Wagering Vendor
			 License. If the Bureau approves the application for a Sports Wagering Vendor,
			 the Bureau shall forward a written approval to the Division of Licensing which
			 shall issue a license to the Applicant on behalf of the Commission. If the
			 application is denied, the Bureau shall forward the determination of denial and
			 reasons therefor to the Division of Licensing which shall issue a written
			 decision to the Applicant explaining the reasons for the denial. The decision
			 shall include an advisory to the Applicant that they may appeal the decision in
			 accordance with
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
. If the denial is based upon information contained in a
			 Person's criminal record, the decision shall also include an advisory that the
			 Person will be provided with a copy of their criminal record upon request and
			 that they may challenge the accuracy of any relevant entry therein. The
			 decision may be served
via
first class mail or email to the
			 addresses provided by the Applicant on the application.
(4)
Sports Wagering Registration
			 Decisions
. The Division of Licensing shall issue a registration to
			 the Applicant for Sports Wagering Registration on behalf of the Commission in
			 accordance with
			 205
			 CMR 234.06. In the event that the Bureau
			 determines, upon completion of the investigation conducted in accordance with
			 205
			 CMR 234.04(1), that the
			 Applicant should be disqualified from holding a registration or is otherwise
			 unsuitable in accordance with
			 205
			 CMR 234.06, it shall forward the results of
			 the investigation to the Division of Licensing which shall issue a written
			 notice to the Applicant denying or revoking the registration. The notice shall
			 include an advisory to the Applicant that they shall immediately cease doing
			 business with the gaming establishment and may request an appeal hearing in
			 accordance with
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
. If the denial is based upon the information contained in
			 the person's criminal record, the decision shall also include an advisory that
			 the person will be provided with a copy of their criminal record upon request
			 and that they may challenge the accuracy of any relevant entry therein. The
			 notice may be served
via
first class mail or
via
email to the addresses provided by the Applicant on the
			 application.