reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Part 12 - TRANSITIONAL PROVISIONS › Section 179-8-134 - Gaming Tables Purchased on Behalf of the Commission for Training of Commission and Racetrack Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
134.1. The Council for Community and
				  Technical College Education, and specifically Blue Ridge Community and
				  Technical College, West Virginia Northern Community College and West Virginia
				  State Community and Technical College, are not eligible for table gaming
				  licenses issued by the State Lottery Commission; nevertheles
s
,
				  the Council and its colleges may operate as agents of the State Lottery
				  Commission under a mutual agreement that allows keeping and exhibiting gaming
				  tables for training purposes only.
134.2. A pari-mutuel racetrack in West
				  Virginia that is licensed to operate racetrack video lottery games and that
				  plans to offer table gaming subject to a successful local option election and
				  subsequent licensing, may purchase gaming tables and related supplies and
				  equipment at its expense for the Blue Ridge Community and Technical College,
				  West Virginia Northern Community College and/or West Virginia State Community
				  and Technical College for training. The racetrack shall have the items shipped
				  directly to facilities owned or rented by the community and technical
				  college.
134.3. All gaming tables
				  and related supplies and equipment shall become the property of the community
				  and technical colleges and may not thereafter be given or reverted to the
				  donating racetrack.
134.4. Any
				  gaming table and gaming supplies no longer needed by a community college shall
				  be transferred to the control of the Commission.
134.5. Any casino licensee shall provide one
				  gaming table for the training use of the Commission at Commission
				  headquarters.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this legislative rule is to clarify and provide
				regulations that the Commission considers necessary for the successful
				implementation, administration, and enforcement of the West Virginia Lottery
				Sports Wagering Act codified in W.Va. Code §§
									29-22D-1 et seq.
1.2. Authority. -- W. Va. Code §
									29-22D-4(c), W.
				Va. Code §
									29-22A-1 et seq., and W. Va. Code
				§
									29A-3-15.
1.3. Filing Date. - March 28, 2023.
1.4. Effective Date. - March 28,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2028.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-2 - Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and terms, when used in this rule, shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
2.1. "ACH" means Automated
				Clearing House, which is a network that connects all banking and financial
				institutions within the United States.
2.2. "Act" means the West Virginia Lottery
				Sports Wagering Act, W. Va. Code §§
									29-22D-1 et seq.
2.3. "AML" means anti-money
				laundering.
2.4. "Authentication
				process" means a method used by a system to verify the validity of
				software.
2.5. "Cancelled wager"
				means a wager that has been cancelled by the system due to any issue with an
				event that prevents the wager's completion.
2.6. "Commission" means the State Lottery
				Commission, created by W.Va. Code §§
									29-22-1 et seq.
2.7. "Confidential Player Account
				Information" means player account balances and any personally identifiable
				information (PII) contained within the sports pool system.
2.8 "Daily Fantasy Sports" means a fantasy or
				simulation sports game, educational game, contest or competition in which:
2.8.1. Participants own, manage, or coach
				imaginary teams in competitions against other participants, and not against the
				individual or entity responsible for creating, administering or operating such
				contest, for a prize and/or award;
2.8.2 The value of all prizes and awards
				offered to winning participants is established and made known to the
				participants in advance of the fantasy game, contest or competition.
2.8.3. All winning outcomes reflect the
				relative knowledge and skill of participants and are determined predominantly
				by accumulated statistical results of the performance of individuals, including
				athletes in the case of the sporting events; and
2.8.4. A winning outcome is not based on the
				score, point spread or performance of a single team or combination of such
				teams, or any single performance of an individual athlete or player in a single
				event.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-3 - General requirements for sports pools and online sports pools

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person or
				entity shall conduct sports wagering activities, including online sports
				wagering activities, unless licensed to do so consistent with the West Virginia
				Lottery Sports Wagering Act, W. Va. Code §
									29-22D-1, et seq., and this rule.
				Sports wagering activities, including online sports wagering activities, do not
				include the following:
3.1.1. Pari-mutuel
				betting on the outcome of horse or dog races, authorized by W. Va. Code §
										19-23-12a and W. Va. Code §
										19-23-12d;
3.1.2. Lottery games of the West Virginia
				State Lottery authorized by W. Va. Code §
										29-22-1, et seq.;
3.1.3. Racetrack video lottery, authorized by
				W. Va. Code §
										29-22A-1, et seq.;
3.1.4. Limited video lottery, authorized by
				W. Va. Code §
										29-22B-1, et seq.;
3.1.5. Racetrack tables games, authorized by
				W. Va. Code §
										29-22C-1, et seq.;
3.1.6. Video lottery and table games,
				authorized by W. Va. Code §
										29-25-1, et seq.; and
3.1.7. Daily Fantasy Sports
				("DFS").
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-4 - Sports wagering integrity; confidential information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Casino operators shall have controls in
				place to identify unusual and suspicious wagering activity and report such
				activity according to the integrity monitoring system procedures approved by
				the Commission.
4.2. All integrity
				monitoring system procedures shall provide for the sharing of information with
				each casino operator and shall disseminate all reports of unusual activity to
				all sports pool intermediary licensees as well as to any regulatory agencies,
				governing authorities, and accredited sports governing entities as required by
				the Commission. All sports wagering operators shall review such reports and
				notify other operators of whether or not they have experienced similar activity
				in the manner approved by the Commission. Specific reporting requirements shall
				be designated by the Commission in its MICS.
4.3. If an operator finds that previously
				reported unusual wagering activity rises to the level of suspicious activity,
				they shall immediately notify all other operators, the Commission, appropriate
				law enforcement entities, regulatory agencies, governing authorities, and
				accredited sports governing entities as required by the Commission.
4.4. A sports pool operator or sports pool
				intermediary receiving a report of suspicious wagering activity shall be
				permitted to suspend wagering on events related to the report, but may only
				cancel related wagers after Commission approval.
4.5. Integrity monitoring systems shall
				provide the Commission with remote access which shall provide at a minimum:
4.5.1. All reports of unusual wagering
				activity;
4.5.2. If the activity
				was determined to be suspicious; and
4.5.3. The actions taken according to the
				integrity monitoring system procedures approved by the Commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-5 - Internal controls; house rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Sports pool operators shall file
				internal controls for all aspects of sports pool and/or online sports pool
				wagering systems with the Commission prior to commencing operations.
5.2. The internal controls shall address the
				following items regarding the sports pool system, at a minimum:
5.2.1. User access controls for all sports
				pool personnel;
5.2.2. Segregation
				of duties;
5.2.3. Automated and
				manual risk management procedures;
5.2.4. Procedures for identifying and
				reporting fraud and suspicious conduct;
5.2.5. Procedures to prevent wagering by
				prohibited sports pool participants;
5.2.6. Description of AML compliance
				standards;
5.2.7. Description of
				all types of wagers available to be offered by the system; and
5.2.8. Description of all integrated third
				party systems.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-6 - Sports wagering system requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior to operating a sports pool or
				online sports pool pursuant to W.Va. Code §§
									29-22D-1 et seq., all equipment
				and software used in conjunction with its operation shall be submitted to an
				independent testing laboratory or a testing laboratory operated in an
				accredited jurisdiction approved by the Commission.
6.2. All wagers on sporting events authorized
				by W.Va. Code §§
									29-22D-1 et seq., shall be
				initiated, received, and otherwise made within this State unless otherwise
				permitted by the Commission in accordance with applicable federal and state
				laws. Consistent with the intent of the United States Congress as articulated
				in the Unlawful Internet Gambling Enforcement Act of 2006 (31 U.S.C. §§
										5361 et seq.) the intermediate routing of
				electronic data relating to a lawful intrastate wager authorized under this
				provision shall not determine the location or locations in which such wager is
				initiated, received, or otherwise made.
6.3. A sports pool system submission to a
				testing laboratory shall contain a description of the risk management
				framework, including but not limited to:
6.3.1. User access controls for all sports
				pool personnel;
6.3.2. Information
				regarding segregation of duties;
6.3.3. Information regarding automated
				risk-management procedures;
6.3.4.
				Information regarding fraud detection;
6.3.5. Controls ensuring regulatory
				compliance;
6.3.6. Description of
				AML compliance standards;
6.3.7.
				Description of all software applications that comprise the system;
6.3.8. Description of all types of wagers
				available to be offered by the system;
6.3.9. Description of all integrated third
				party systems; and
6.3.10.
				Description of the method to prevent past posting.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-7 - Patron Wagers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A sports
				pool operator or sports pool intermediary shall not accept any wager on a
				sports event unless it has provided written notification to the Director of the
				first time that wagering on a category of wagering event (for example, wagering
				on a particular type of professional sport) or type of wager (for example an
				in-play wager or exchange wager) is offered to the public. Such notice shall be
				submitted prior to accepting a wager on a new category of wagering event or
				accepting a new type of wager. Notice is not required whenever the odds change
				on a previously offered wagering event. The Director, or his or her designee,
				shall respond to such notice within 24 hours or by the next business day. The
				Director reserves the right to prohibit the acceptance of wagers and may order
				the cancellation of wagers and require refunds on any event for which wagering
				would be contrary to the public policies of the State.
7.2. A sports pool operator or sports pool
				intermediary shall only accept wagers on sports events and other events for
				which:
7.2.1. The outcome can be
				verified;
7.2.2. The outcome can be
				generated by a reliable and independent process;
7.2.3. The outcome will not be affected by
				any wager placed; and
7.2.4. The
				event is conducted in conformity with all applicable laws.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-8 - Sports pool reports; wagering revenue; computation of taxes; reconciliation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The sports
				pool system shall be required to generate those reports necessary to record
				total gross sports wagering receipts, wagering liability, ticket redemption,
				and such other information relating to sports wagering as deemed necessary by
				the Commission or as required by MICS. Such reports shall distinguish
				information by type and status where applicable and shall meet the Commission's
				MICS.
8.2. Adjusted gross wagering
				receipts from sports wagering subject to the 10% privilege tax shall equal the
				total of all wagers received less cancelled wagers and less amounts paid out
				for winning wagers.
8.3. To
				determine the daily win amount, the sports pool operator's accounting
				department shall compare a win report from the sports wagering system to the
				reconciliation of the sports wagering drawers. The operator shall be required
				to calculate and report adjusted gross sports wagering receipts using the
				higher amount identified in such comparison, unless otherwise authorized by the
				Commission in its MICS.
8.4. The
				sports pool operator shall permit duly authorized representatives of the
				Commission to examine the operator's accounts and records for the purpose of
				certifying total gross revenue receipts and adjusted gross sports revenue
				receipts. The Director shall notify the operator of any deficiencies disclosed
				during the gross revenue receipts certification process.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-9 - Sports wagering kiosks

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The sports
				pool operator or its sports pool intermediary may utilize sports pool kiosks
				located in the casino for wagering transactions in conjunction with a sports
				pool system in a location approved by the Director.
9.2. On a daily basis, a sports pool operator
				shall remove the bill validator boxes in the sports pool kiosks (the "sports
				pool kiosk drop"). The sports pool kiosk drop shall be monitored and recorded
				by surveillance. The sports pool operator shall submit the sports pool kiosk
				drop schedule to the Director.
9.3.
				The sports pool operator's accounting department shall reconcile the sports
				pool kiosks on a daily basis pursuant to internal controls. Any variance of $
				500.00 or more shall be documented by the accounting department and reported in
				writing to the Director within 72 hours of the end of the gaming day during
				which the variance was discovered. The report shall indicate the cause of the
				variance and shall contain any documentation required to support the stated
				explanation.
9.4. All sports
				wagering kiosks must satisfy all MICS requirements and be detailed in the
				sports pool operator's internal controls approved by the Commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-10 - Accounting controls for the sports wagering lounge

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A ticket writer shall begin a shift
				with an imprest amount of currency and coin to be known as the "sports wagering
				inventory." No funds shall be added to or removed from the sports wagering
				inventory during such shift except:
10.1.1. In
				collection of sports wagers;
10.1.2. In order to make change for a patron
				buying a sports wagering ticket;
10.1.3. In collection for the issuance of
				sports wagering vouchers;
10.1.4.
				In payment of winning or properly cancelled or refunded sports wagering
				tickets;
10.1.5. In payment of
				sports wagering vouchers; or
10.1.6. In exchanges with the cashier's cage,
				a satellite cage, or sports wagering lounge booth vault supported by proper
				documentation which documentation shall be sufficient for accounting
				reconciliation purposes.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-11 - Approval to immediately commence sports pool or online sports pool operations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Upon receiving an application for a sports wagering operator's license, the
				Director shall review the request. If the Director determines that the
				applicant holds a valid casino license, has paid the sports wagering license
				fee, and is in compliance with this section, the Commission shall immediately
				issue a sports wagering license as provided in the Act.
11.2. Any sports pool intermediary seeking to
				operate a sports wagering pool or online sports wagering pool pursuant to a
				contract with the licensed sports pool operator must be licensed as a
				management services provider, as provided in the Act. Upon submitting an
				application fee to the Commission for a management services provider license,
				an applicant may submit a contemporaneous request to the Commission for an
				interim license authorizing the applicant to immediately act as a sports pool
				intermediary for up to 270 days, pending the Commission's full review of the
				application for an annual license. Once approved, an annual license
				commencement date is the date on which an interim license was issued.
11.3. Any sports pool intermediary seeking to
				sell, lease, or offer services related to sports wagering equipment, systems,
				or other gaming items necessary to conduct sports wagering must be licensed as
				a supplier, as provided in the Act. Upon submitting an application fee to the
				Commission for a supplier license, an applicant may submit a contemporaneous
				request to the Commission for an interim license authorizing the applicant to
				immediately act as a sports pool intermediary for up to 270 days, pending the
				Commission's full review of the application for an annual license. Once
				approved, an annual license commencement date is the date on which an interim
				license was issued.
11.4. All
				sports pool wagering and online sports pool wagering conducted under authority
				of an interim license approval shall comply with these rules.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-12 - Limitations on licensed sports pool operators

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each sports pool operator, in its
				discretion, may provide no more than three individually branded online sports
				pool websites and accompanying mobile applications.
12.2. Any individually branded online sports
				pool website or mobile application provided by a sports pool intermediary must,
				on its webpage, conspicuously bear the name of the sports pool operator with
				which it is affiliated.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-13 - Additional requirements for wagers placed on mobile applications and other digital platforms

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A
				sports pool operator or sports pool intermediary shall file with the
				Commission, internal controls for all aspects of online sports pool operations
				prior to implementation and any time a change is made thereafter. The internal
				controls shall include detailed procedures for system security, operations,
				accounting, and reporting of problem gamblers.
13.2.A sports pool operator or sports pool
				intermediary offering online sports pools shall describe in its internal
				controls the method for securely issuing, modifying, and resetting a patron's
				account password, Personal Identification Number (PIN), or other approved
				security feature, when applicable. Any method shall include notification to the
				patron following any modification via electronic or regular mail, text message,
				or other manner approved by the Director or the Commission. Such method shall
				include at a minimum:
13.2.1.
				Proof of identity, if in person;
13.2.2. The correct response to two or more
				challenge questions; or
13.2.3.
				Strong authentication.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-14 - Sports wagering accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Online sports pool wagering shall only be engaged in by patrons who have
				established a sports wagering account.
14.2. In order to establish a sports wagering
				account, a sports pool operator or sports pool intermediary shall:
14.2.1. Create an electronic patron file,
				which shall include at a minimum:
14.2.1.1.
				The patron's legal name;
14.2.1.2.
				The patron's date of birth;
14.2.1.3. The patron's Social Security
				number, or the last four digits thereof, or an equivalent identification number
				for a noncitizen patron, such as a passport or taxpayer identification
				number;
14.2.1.4. The patron's
				online sports pool account number;
14.2.1.5. The patron's residential address (a
				post office box is not acceptable);
14.2.1.6. The patron's electronic mail
				address;
14.2.1.7. The patron's
				telephone number;
14.2.1.8. Any
				other information collected from the patron used to verify his or her
				identity;
14.2.1.9. The method used
				to verify the patron's identity; and
14.2.1.10. The date of
				verification.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-15 - Geolocation requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. In
				order to prevent unauthorized use of an online sports pool system to place a
				wager when a player is not within the permitted boundary, the sports pool
				operator or sports pool intermediary must utilize a geolocation system to
				reasonably detect the physical location of a player attempting to access the
				online sports pool system and place a wager; and to monitor and block
				unauthorized attempts to access the online sports pool system in order to place
				a wager when a player is not within the permitted boundary.
15.2. The geolocation system shall ensure
				that any player is located within the permitted boundary when placing any
				wager, and shall be equipped to dynamically monitor the player's location and
				block unauthorized attempts to access the online sports pool system in order to
				place a wager throughout the duration of the patron session.
15.3. The Commission shall approve technical
				specifications for geolocation systems and any specific requirements related to
				geolocation as part of its MICS.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-16 - Online sports pool system requirements; logging

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. All online sports pool systems
				authorized by the Act and this rule shall be designed to ensure the integrity
				and confidentiality of all patron communications and ensure the proper
				identification of the sender and receiver of all communications. If
				communications are performed across a public or third-party network, the system
				shall either encrypt the data packets or utilize a secure communications
				protocol to ensure the integrity and confidentiality of the
				transmission.
16.2. Online sports
				pool systems shall employ a mechanism capable of maintaining a separate copy of
				all of the information required to be logged in this section on a separate and
				independent logging device capable of being administered by an employee with no
				incompatible function. If the online sports pool system can be configured such
				that any logged data is contained in a secure transaction file, a separate
				logging device is not required.
16.3. Onlinesports pool systems shall provide
				a mechanism for the Commission to query and export, in a format required by the
				Commission, all online sports pool system data.
16.4. Requirements for system specifications
				and sports pool system logging shall be detailed by the Commission in the MICS.
				Sports pool operators and sports pool intermediaries shall address all such
				requirements in the internal controls submitted to the Commission for
				approval.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-17 - Additional reports for online sports pool; reconciliation; test accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. An online
				sports pool system shall be designed to generate the reports required by this
				section or otherwise required by the Commission in a format approved by the
				Commission's Finance & Administration and Information Technology divisions.
				Additional reporting requirements shall be approved by the Commission for
				inclusion in the MICS.
17.2. All
				required reports shall be generated by the online sports pool system, even if
				the period specified contains no data to be presented. The report generated
				shall indicate all required information and contain an indication of "No
				Activity" or similar message if no data appears for the period
				specified.
17.3. All data required
				by this rule must be available in report image formats as well as database type
				formats as approved by the Director. The initial approved format is comma
				separated variables (CSV).
17.4. An
				online sports pool system shall, at a minimum, generate the daily reports for
				each gaming day in order to calculate the taxable revenue or to ensure the
				integrity of operations related to operating an online sports pool.
17.5. The sports pool operator and its sports
				pool intermediaries shall set up test accounts to be used to test each of the
				various components and operations of the online sports pool system in
				accordance with internal controls approved by the
				Commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-18 - Mobile application and/or interactive platform requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Each system
				that provides content to a sports pool system shall:
18.1.1. Maintain internal controls for all
				aspects of gaming operations prior to implementation and any time a change is
				made thereafter. The internal controls shall include detailed procedures for
				system security, operations, and accounting;
18.1.2. Maintain internal controls approved
				by the Director that address compliance with all online sports pool system
				requirements;
18.1.3. Employ
				personnel responsible for duties of an IT Department, ensuring the operation
				and integrity of the sports wagering and reviewing all reports of suspicious
				behavior as determined and approved by the Commission;
18.1.4. Perform an annual system integrity
				and security assessment conducted by an independent professional selected by
				the operator, subject to the approval of the Commission. The independent
				professional's report on the assessment shall be submitted to the Commission
				annually in compliance with the requirements provided in section 3.5 of this
				rule; and
18.1.5. Provide the
				Director with physical and logical access to the system to review and collect
				all data contained therein.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-19 - Temporary approvals for expedited implementation

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The Director may approve certain
				system, network, operational, and other standards necessary to implement sports
				wagering on a temporary basis as long as a deadline for full-compliance with
				permanent standards is provided at the time of approval. Extensions may be
				approved by the Director if justification is provided to show that such
				additional time in the temporary environment is reasonably necessary.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-20 - Racetrack Modernization Fund and Historic Resort Hotel Modernization Fund Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				The sports pool operator shall submit requests for reimbursement from its
				Racetrack Modernization Fund or Historic Resort Hotel Modernization Fund
				allowance, whichever is applicable, to the Director for any new and unused
				purchases of sports pool systems or other equipment necessary to modernize the
				facility to accept sports wagers. The Commission may further define covered
				acquisitions by issuing Lottery Commission Policy Statements.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-21 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The Director
				shall approve all advertising of sports wagering systems in advance of a sports
				pool operator, its sports pool intermediaries, its agents, or its affiliates
				publishing or otherwise releasing such advertisements. Further requirements
				shall be defined by the Commission in its MICS.
21.2. The Commission may set a certain amount
				or percentage of revenue that may be used for promotional credit, but any
				excess promotional credit offered must be accounted for as taxable revenue.
				This amount will be set quarterly by Commission Order.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-09 - West Virginia Lottery Sports Wagering Rule › Section 179-9-22 - Licensing and Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. An
				individual or entity, employed with or contracted by a sports pool operator a
				sports pool intermediary, to perform certain activities for the operation of an
				sports wagering system having assigned duties as a sports wagering manager or a
				customer service representative with access to confidential player account
				information and the ability to modify player accounts shall be licensed as an
				occupational licensee. Persons or individuals holding an occupational license
				pursuant to the Interactive Wagering Act, W. Va. Code §
									29-22E-1, et seq., and Interactive
				Wagering Rule, §
									179-10-1, et seq., are not
				required to apply for or obtain additional occupational licensure pursuant to
				the Sports Wagering Act and this rule.
22.2 In addition, certain affiliate entities,
				such as marketing affiliate companies, that are not involved directly in the
				offering or placement of the wager shall be deemed to be a Registrant rather
				than a licensee for the purpose of licensing and registration and shall be
				subject to the following requirements:
22.2.1. Affiliate entities shall register
				with the West Virginia Lottery Commission on or before the date such entity is
				contractually obligated or plans to offer its services in West Virginia to West
				Virginia residents;
22.2.2.
				Affiliate entities shall renew its registration each year on or before a
				certain date as set by the Commission for the forthcoming year; and
22.2.3. Affiliate entities shall pay a
				registration fee of $100.00 at the time of initial registration and each
				registration renewal.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope and
				Purpose. -- The purpose of this legislative rule is to clarify and provide
				regulations that the Commission considers necessary for the successful
				implementation, administration, and enforcement of the West Virginia Lottery
				Interactive Wagering Act codified in W.Va. Code §§ 29-22E-1 et seq.
1.2. Authority. -- W.Va. Code
				§ 29-22E-4(c), W.Va. Code §
									29-22A-1
				et seq., and W.Va. Code §
									29A-3-15.
1.3. Filing Date. -- April 6, 2021.
1.4. Effective Date. -- April 6,
				2021.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2026.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-3 - General requirements for interactive gaming

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An interactive gaming operator shall
				conduct interactive gaming activities in compliance with the requirements of
				the West Virginia Racetrack Video Lottery Act as set forth in W.Va. Code §
									29-22A-1
				et seq. and the W.Va. Code of State Rules 179-5-1 et seq. and the requirements
				of the West Virginia Racetrack Table Games Act as set forth in W.Va. Code
				§
									29-22C-1
				et seq. and W.Va. Code of State Rules 179-8-1 et seq., when such requirements
				are applicable and do not conflict with the Act or this rule.
3.2. An interactive gaming management
				services provider authorized to operate an interactive gaming system, shall
				conduct such interactive gaming activities in compliance with the requirements
				of the West Virginia Racetrack Video Lottery Act set forth in W.Va. Code §
									29-22A-1
				et seq. and W.Va. Code of State Rules 179-5-1 et seq. and the requirements of
				the West Virginia Racetrack Table Games Act set forth in W.Va. Code §
									29-22C-1
				et seq. and W.Va. Code of State Rules 179-8-1 et seq., when such requirements
				are applicable and do not conflict with the Act or this rule.
3.3. An interactive gaming operator shall
				maintain a cash reserve of the amount necessary to cover the outstanding
				interactive gaming account liability. Lottery personnel shall verify this
				amount on at least a quarterly basis.
3.4. An interactive gaming operator or an
				interactive gaming management services provider shall only accept wagers from
				patrons verified to be physically located in the State of West Virginia at the
				time of their wager:
Provided
, That wagers may be accepted
				from patrons located outside of the State of West Virginia pursuant to a
				reciprocal interactive gaming agreement with another government as provided in
				W.Va. Code § 29-22E-14 and so long as acceptance of such wagers does not
				conflict with federal law.
3.5. An
				interactive gaming operator or an interactive gaming management services
				provider shall only accept wagers from patrons who are 21 years of age or
				older.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-4 - Interactive gaming integrity; confidential information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An interactive gaming operator offering
				interactive gaming shall have controls in place to identify unusual and
				suspicious activity and report such activity according to the integrity
				monitoring system procedures approved by the Commission.
4.2. All integrity monitoring system
				procedures shall provide for the sharing of information with each operator and
				shall disseminate all reports of unusual activity to all management services
				providers and suppliers, as well as to any regulatory agencies and governing
				authorities as required by the Commission. All operators shall review such
				reports and notify other operators, in a manner approved by the Commission,
				regarding whether they have experienced similar activity. Specific reporting
				requirements shall be designated by the Commission in its MICS.
4.3. If an interactive gaming operator finds
				that previously reported unusual wagering activity rises to the level of
				suspicious activity, it shall immediately notify all other operators, the
				Commission, appropriate law enforcement entities, regulatory agencies, and
				governing authorities as required by the Commission.
4.4. An operator offering interactive gaming
				shall employ an interactive gaming manager responsible for the operation and
				integrity of interactive gaming and for the review of all reports of suspicious
				activity. The interactive gaming manager shall be a key employee. The
				interactive gaming manager shall immediately notify the Commission upon the
				detection of any person participating in interactive gaming who is:
4.4.1. Engaged in or attempting to engage in
				or reasonably suspected of cheating, theft, embezzlement, collusion, money
				laundering, or any other illegal activity;
4.4.2. Excluded pursuant to Commission policy
				or the Commission's statewide exclusion list; or
4.4.3. Excluded by the interactive gaming
				operator.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-5 - Internal controls; house rules; terms and conditions; patron protection page

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Interactive gaming operators or their management services providers shall file
				internal controls with the Commission regarding all aspects of their
				interactive gaming operations prior to implementation as well as any time a
				change is proposed. The internal controls shall include detailed procedures for
				system security, operations, accounting, and reporting of problem
				gamblers.
5.2. At a minimum, the
				internal controls shall address the following items regarding the interactive
				gaming system:
5.2.1. The user access
				controls for all personnel;
5.2.2.
				The segregation of duties;
5.2.3.
				The automated and manual risk management procedures;
5.2.4. The procedures for identifying and
				reporting fraud and suspicious conduct;
5.2.5. The procedures to prevent wagering by
				prohibited participants;
5.2.6. A
				description of Anti-Money Laundering (AML) compliance standards; and
5.2.7. A description of all integrated third
				party systems.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-6 - Interactive gaming system requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior to operating an interactive gaming
				system pursuant to W.Va. Code §§ 29-22E-1 et seq., all equipment and
				software used in conjunction with the operation shall be submitted to an
				independent testing laboratory approved by the Commission or a testing
				laboratory operated in an accredited jurisdiction approved by the
				Commission.
6.2. All wagers on
				interactive gaming authorized by W.Va. Code §§ 29-22E-1 et seq.,
				shall be initiated, received, and otherwise placed within the boundaries of the
				State of West Virginia unless otherwise permitted by the Commission in
				accordance with applicable federal and state laws. Consistent with the intent
				of the United States Congress as articulated in the Unlawful Internet Gambling
				Enforcement Act of 2006 (UIGEA) set forth in
				31 U.S.C. §§
										5361 through
				5367,
				the intermediate routing of electronic data relating to a lawful intrastate
				wager in West Virginia shall not be a factor in determining the location or
				locations in which such wagers are initiated, received, or otherwise
				placed.
6.3. An interactive gaming
				system submission to a testing laboratory shall contain a description of the
				risk management framework, including but not limited to:
6.3.1. User access controls for all
				personnel;
6.3.2. Information
				regarding segregation of duties;
6.3.3. Information regarding automated
				risk-management procedures;
6.3.4.
				Information regarding fraud detection;
6.3.5. Controls ensuring regulatory
				compliance;
6.3.6. Description of
				Anti-Money Laundering compliance standards;
6.3.7. Description of all software
				applications that comprise the system;
6.3.8. Description of all types of games to
				be offered by the system;
6.3.9.
				Description of all integrated third party systems; and
6.3.10. Description of the method to prevent
				past posting.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-7 - Patron Wagers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Prior to engaging in interactive gaming, a patron shall establish an
				interactive gaming account. Casino key employees and occupational licensees and
				employees of any management service provider or supplier, shall not be
				permitted to establish an interactive gaming account, with and are prohibited
				from wagering on, any interactive gaming system operated by the casino with
				which they are employed or provide services. Commission employees shall not be
				permitted to wager on any interactive gaming system authorized in the State of
				West Virginia and shall not be permitted to establish an interactive gaming
				account with the exception of accounts used for testing purposes. All testing
				accounts for West Virginia Lottery employees must be approved by the Director.
				The Director reserves the right to prohibit the acceptance of wagers, order the
				cancellation of wagers, and require refunds on any interactive game for which
				wagering would be contrary to the public policies of the State of West
				Virginia.
7.2. In order to
				establish an interactive gaming account, an interactive gaming operator or its
				MSP shall:
7.2.1. Create an electronic patron
				file, which, at a minimum, shall include:
7.2.1.a. The patron's legal name;
7.2.1.b. The patron's date of birth;
7.2.1.c. The entire or last four
				digits of the patron's Social Security number, if voluntarily provided or the
				equivalent for a foreign patron such as a passport or taxpayer identification
				number;
7.2.1.d. The patron's
				interactive account number;
7.2.1.e. The patron's residential address (a
				post office box is not acceptable);
7.2.1.f. The patron's electronic mail
				address;
7.2.1.g. The patron's
				telephone number;
7.2.1.h. Any
				other information collected from the patron used to verify his or her identity;
7.2.1.i. The method used to verify
				the patron's identity; and
7.2.1.j. The date of verification.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-8 - Server-based gaming system; server-based games (table games, slot machines, and peer-to-peer gaming)

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				server-based gaming system shall:
8.1.1.
				Comply with W.Va. Code 29-22E -1 et seq.;
8.1.2. Ensure continued operation in the
				event of a temporary power failure through the use of an Uninterruptable Power
				Supply (UPS);
8.1.3. Maintain the
				integrity of the hardware, software, and data contained in the server-based
				gaming system in the event of a shutdown;
8.1.4. Ensure that the system recovers to its
				prior state before any system outage;
8.1.5. Have physical and logical controls, as
				appropriate, to ensure that only authorized hardware components are connected
				to the system;
8.1.6. Ensure only
				approved patron device software is used to conduct gaming activity;
8.1.7. Ensure that patron devices meet
				minimum compatibility requirements in order to conduct gaming activity; and
8.1.8. Be designed with a method
				for the Commission to approve all game software installations before the game
				software may be offered to patrons.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-9 - Table game simulcasting

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				An operator shall obtain Commission approval to simulcast authorized table
				games.
9.2. Table game simulcasting
				shall utilize a simulcast control server for the purpose of recording all
				wagering activity and game results. The simulcast control server shall:
9.2.1. Provide the patron with real-time
				visual access to the live game being played;
9.2.2. Prevent anyone from accessing the game
				outcome prior to finalizing a wager;
9.2.3. Record dealer-verified game results
				before posting; and
9.2.4. Be
				equipped with a mechanism to void game results, if necessary.