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3048 lines
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DEPARTMENT OF TREASURY
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MICHIGAN GAMING CONTROL BOARD
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INTERNET GAMING RULES
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(By authority conferred on the Michigan Gaming Control Board by section 10 of the
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lawful internet gaming act, 2019 PA 152, MCL 432.310)
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PART 1. GENERAL PROVISIONS
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R 432.611 Definitions.
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Rule 611. As used in these rules:
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(a) “Act” means the lawful internet gaming act, 2019 PA 152, MCL 432.301 to MCL
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432.322.
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(b) “Affiliate” means a person that, directly or indirectly, through 1 or more
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intermediaries, controls or is controlled by an internet gaming operator.
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(c) “Affiliate marketer” means a person involved in promoting, marketing, and directing
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business to online gaming sites who is compensated based on the volume of customer
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referrals to an online gaming site or customer activity, including but not limited to,
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number of registrations, number of depositing registrations, or wagering activity, or
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both.
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(d) “Agent” means any individual who is employed by any agency of this state, other
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than the board, the state police, or attorney general, and who is assigned to perform
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full-time services on behalf of or for the benefit of the board regardless of the title or
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position held by that individual.
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(e) “Authorized game” means any internet game that the board determines to be suitable
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for use for wagering through the internet, which must include, but need not be limited
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to, poker, blackjack, cards, slots, games played with dice or tiles, or both, such as
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roulette, craps, pai gow, and other games typically offered at a casino. An authorized
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game does not include any of the following: pick numbers or other lottery games
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typically offered by the bureau of lottery under the McCauley-Traxler-Law-BowmanMcNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47; a lawful fantasy contest; or
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any lawful internet sports betting.
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(f) “Authorized participant session” means the period of time that an authorized
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participant is logged on to an internet gaming platform.
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(g) “Conflict of interest” means a situation, relationship, or association in which the
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private interest of employees, agents, and contractors of the board may influence the
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judgment of the employee, agent, or contractor in the performance of his or her public
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duty under the act.
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(h) “Contractor” means any individual not employed by this state who performs services
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on behalf of or for the benefit of the board and requires unescorted access to board
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facilities.
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(i) "Excluded person" means any individual who has been involuntarily placed in the
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responsible gaming database by the executive director and who is prohibited from
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establishing an internet wagering account or participating in internet wagering, or
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both, offered under the act or these rules.
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(j) “Executive Director” means the executive director of the Michigan gaming control
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board, appointed under section 4 of the Michigan Gaming Control and Revenue Act,
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1996 IL 1, MCL 432.204.
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(k) “Game server” means a server that contains game software and control programs.
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(l) “Internet gaming network” means the linking of authorized participants of 1 or more
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Internet gaming operators to participate in peer-to-peer gaming in this state. An
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internet gaming network does not include linking of authorized participants pursuant
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to a multijurisdictional internet gaming agreement entered into in accordance with the
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act.
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(m)“Interactive gaming system” means the hardware, software, firmware,
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communications technology and other equipment that allows an authorized
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participant to remotely bet or wager through the internet or a similarly distributed
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networking environment, and the corresponding equipment related to game outcome
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determination, the display of the game and game outcomes, and other similar
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information necessary to facilitate play of the game. The internet gaming platform
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provides the authorized participant with the means to play authorized games. The
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internet gaming platform provides the internet gaming operator with the means to
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review internet wagering accounts, disable games, generate various gaming/financial
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transaction and account reports, input outcomes for live internet games, and set any
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configurable parameters. The term does not include computer equipment or
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communications technology used by an authorized participant to access the
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interactive gaming system. Unless otherwise specified in these rules, the term
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internet gaming platform includes the entire interactive gaming system inclusive of
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remote gaming systems.
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(n) “Key person” means any of the following except as otherwise provided in paragraph
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(vii):
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(i) A director of the applicant.
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(ii) A managerial employee of the applicant that performs the function of principal
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executive officer, principal operations officer, or principal accounting officer.
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(iii) A person who holds more than 5% ownership interest in the applicant.
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(iv) An affiliate of the applicant.
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(v) A director of an affiliate of the applicant.
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(vi) A managerial employee of an affiliate of an applicant that performs the function
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of principal executive officer, principal operations officer, or principal
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accounting officer.
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(vii) “Key person” does not include an elected or appointed representative of any
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applicant or licensee that is a federally recognized Indian tribe located in this state
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unless the representative is also a full-time employee of the applicant’s or licensee’s
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internet gaming operations. A key person for an Indian tribe includes a primary
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management official of the applicant who has management responsibilities for the
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applicant’s internet gaming operations.
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(o) “Licensee” means a person who holds a license under the act.
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(p) “Live game” means a game conducted by a gaming attendant (e.g., dealer, croupier,
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etc.) or other gaming equipment (e.g., an automated roulette wheel, ball blower, or
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gaming device), or both, in a live game environment in which authorized participants
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have the ability to review game play and communicate game decisions through the
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internet gaming platform. Live games include, but are not limited to, live card games,
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live table games, and live play of gaming devices, and other live authorized games.
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(q) “Live game environment” means a physical location that utilizes live video streaming
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technology to provide live games to a remote player device that permits the
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authorized participant to participate in live streamed games, interact with game
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attendants, and interact with fellow authorized participants.
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(r) “Peer-to-peer gaming” means all gaming activity, such as poker, where authorized
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participants are directly competing against each other but not the licensee.
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(s) "Prohibited person" means any excluded person, any voluntarily-excluded person,
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and all of the following:
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(i) An individual who is under the age of 21.
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(ii) Any employee of, or appointee to, the Michigan gaming control board.
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(iii)Employees of an internet gaming operator. An employee of an internet gaming
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operator shall not create an internet wagering account or place an internet wager
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with the internet gaming operator for which he or she is employed unless using a
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test account under R 432.639a.
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(iv)Employees of an internet gaming platform provider. An employee of an internet
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gaming platform provider shall not create an internet wagering account or place
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an internet wager with the internet gaming operator for which the internet
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gaming platform provider supplies the internet gaming platform unless using a
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test account under R 432.639a.
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(v) Employees or appointees of a tribal gaming regulatory agency with jurisdiction
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over internet gaming being operated under the tribe’s gaming ordinance and the
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Indian gaming regulatory act, 18 USC 1166 to 1168 and 25 USC 2701 to 2721.
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(vi) Occupational licensees and applicants. Occupational licensees and applicants
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shall not place wagers with the internet gaming operator or internet gaming
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platform provider for which they are employed or for which they had to qualify.
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(vii) An individual not in an authorized location to make a wager.
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(viii) An individual placing an internet wager on behalf of another
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(ix)An individual wagering in violation of state, tribal, or federal law.
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(x) Other prohibited persons as determined by the board.
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(t) “Publicly traded corporation” means any corporation or other legal entity regulated
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by the U.S. Securities and Exchange Commission under the securities exchange act of
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1934, 15 USC 78a to 78qq, or securities act of 1933, 15 USC 77a to 77aa.
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(u) “Random number generator” or “RNG” means a computational or physical device,
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algorithm, or system designed to produce numbers in a manner indistinguishable from
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random selection. .
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(v) “Remote gaming system” means hardware and software used to provide authorized
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internet games to an authorized participant on an internet gaming platform. The
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remote gaming system may contain features common to game offerings, game
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configurations, the random number generator, and reporting. The remote gaming
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system may be a standalone system or integrated within another part of the internet
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gaming platform.
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(w) “Remote player device” means an authorized participant-owned device that at a
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minimum will be used for the execution of game play. Examples of a remote player
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device include a personal computer, mobile phone, tablet, etc.
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(x) “Secure transaction file” means a file that contains data that cannot be modified
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without detection.
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(y) “Self-authentication process” means a method used by a system to verify the validity
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of software and includes the following:
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(i) The method requires the calculation of an output digest that is compared to
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a secure embedded value.
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(ii) The output digest must be of 128-bit complexity, at a minimum.
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(iii) Software is authenticated if the calculated digest equals the secure embedded
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value.
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(z) "Self-exclusion list" means a list of individuals who voluntarily excluded themselves
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from establishing or maintaining an internet wagering account with an internet
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gaming operator or internet gaming platform provider.
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(aa) “Strong authentication” means a method that has been demonstrated to the
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satisfaction of the board to effectively provide higher security than a username and
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password alone.
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(bb) "Suspended account" means an internet wagering account that has been
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temporarily disabled from engaging in wagering activity.
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(cc) "Targeted mailing" means an advertisement or promotional offer from an internet
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gaming operator or an internet gaming supplier directed to an individual on the basis
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of specific criteria, such as being a member or former member of a rewards club or a
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participant in social games. "Targeted mailing" does not include mass
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communication, including mailings or e-mailings, made to an entire area or zip code
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or targeted list, nor does it include an advertisement that arrives in a packet of 5 or
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more non-gaming advertisements, if the packet of advertisements is addressed to
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"resident," "occupant," or some similar wording and not to a specific individual.
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"Targeted mailing" further does not include any "pop-up" advertisement that appears
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on an individual’s computer or mobile device on the basis of his or her IP Address.
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(dd) “Theoretical return to player” or “RTP” means the expected percentage of bets or
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wagers that a specific game will return to the player in the long run. The RTP can be
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calculated via either a theoretical or simulated approach. The method used for
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calculation depends on the game type.
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(ee) "Things of value" means anything of value that may be used to place an internet
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wager.
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(ff) “Voluntarily-excluded person” means any individual whose name is included, at his
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or her own request, in the responsible gaming database or on a self-exclusion list, or
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both.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.612 Terms defined in act.
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Rule 612. Terms defined in the act have the same meaning when used in these rules.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.613 Board duties, jurisdiction, and authority.
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Rule 613. (1) To execute and administer the act for the purpose of licensing,
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regulating, and enforcing lawful internet gaming, the board may do all of the following:
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(a) Determine its practices and internal policies or procedures.
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(b) Delegate to the executive director all powers and authority to act in the name
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of the board with respect to all reasonable, necessary, and appropriate actions to
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administer and carry out the administrative and executive functions of the board
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including, but not limited to, the power to do any of the following:
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(i) Execute and enter into contracts on behalf of the board.
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(ii) Hire and fire employees of the board and administer oaths.
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(iii) Issue subpoenas for the attendance of witnesses and the production of
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documents.
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(iv) Issue and renew licenses.
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(v) Register vendors.
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(vi) Conduct investigations, inspections, and audits, share information with law
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enforcement agencies, conduct hearings, and settle alleged violations of the act and
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these rules.
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(vii) Engage in other functions necessary to the proper administration and
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enforcement of the act and these rules.
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(viii) Grant requests and waivers, answer inquiries, issue interpretations, and
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otherwise take any action that is reasonably requested by applicants, licensees, and
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vendors in furtherance of, and consistent with, the efficient administration and
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enforcement of the act and these rules, as determined to be necessary or
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appropriate by the executive director.
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(2) The board may set hiring standards for employees.
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(3) The board has general responsibility for the implementation of the act. The
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board’s duties include, but are not limited to, all of the following:
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(a) Deciding in a reasonable period of time all license applications.
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(b) Investigating applicants for licenses or registration. The board may grant
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licenses or register persons in accordance with the act and these rules.
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(c) Supervising internet wagering authorized by the act.
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(d) Investigating alleged violations of the act or these rules and taking appropriate
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disciplinary action against a licensee or any other person, or instituting appropriate
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legal action for enforcement, or both.
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(e) Conducting investigative and contested case hearings, issuing subpoenas, and
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administering oaths and affirmations to the witnesses to exercise and discharge the
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powers and duties of the board under the act.
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(f) Revoking or suspending licenses and registrations, and imposing fines as the
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board considers necessary and in compliance with applicable laws of this state.
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(g) Imposing fines against individuals, internet gaming operators and internet
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gaming suppliers for engaging in a fraudulent practice, for each violation of the act,
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these rules, or any resolution or order of the board, or for any other action that the
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board determines is a detriment or impediment to internet gaming.
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(h) Taking any other action as may be reasonable or appropriate to enforce the act
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and these rules.
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(4) The board may seek and shall receive the cooperation and assistance of other
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departments and agencies in conducting background investigations and in fulfilling its
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responsibilities under the act.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.613a Member, employee, or agent of board; conduct generally.
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Rule 613a. (1) By January 31 of each year, each member, the executive director,
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and all employees of the board shall file 1 or more board disclosure forms. The board
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shall determine the contents of the form, but it must include such information as
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necessary to ensure the integrity of internet gaming and disclosure of all relevant
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financial information. The form may be combined with similar forms required by other
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acts or rules.
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(2) If a member, the executive director, an employee, or an agent of the board
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negotiates for, or acquires by any means, any interest in a licensee, applicant, or person
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affiliated with a licensee or applicant, he or she must immediately provide written notice
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of the details of the interest to the chairperson. The member, executive director,
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employee, or agent of the board must not act on behalf of the board with respect to that
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licensee, applicant or person affiliated with the licensee or applicant.
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(3) A member, the executive director, an employee, or an agent of the board may
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enter into any negotiations for employment with a licensee, applicant or affiliate of a
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licensee or applicant. The member, executive director, employee, agent, licensee,
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applicant, or affiliate must immediately notify the chairman and the executive director
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once the invitation to negotiate has been extended. A potential employer asking if an
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individual would be interested in a position or explaining the nature of a position does not
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constitute negotiations for employment. Further, an individual completing an
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employment application does not constitute negotiations for employment. The member,
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executive director, employee, or agent of the board must not take any action on behalf of
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the board with respect to that licensee, applicant, or person affiliated with a licensee or
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applicant while the negotiations are ongoing. All members, the executive director, board
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employees, agents, and contractors must, to the maximum extent possible, avoid
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situations, relationships, or associations that may represent or lead to an actual or
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perceived conflict of interest.
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(4) A member, the executive director, an employee, or an agent, or their spouse, may
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not accept any gift, gratuity, compensation, travel, lodging, or anything of value, directly
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or indirectly, from any licensee, applicant, or an affiliate or representative of an applicant
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or licensee, unless the acceptance conforms to a written policy issued by the chairperson.
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The chairman may exempt attendance at a reception, and food and drink for immediate
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consumption, from this policy. The policy must be publicly available and shared with all
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licensees.
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(5) A licensee, applicant, or an affiliate or representative of an applicant or licensee,
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shall not, directly or indirectly, give or offer to give any gift, gratuity, compensation,
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travel, lodging, or things of value to any member, the executive director, an employee, or
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an agent of the board that the member, employee, or agent of the board is prohibited from
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accepting under subrule (4) of this rule.
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(6) A licensee, applicant, or an affiliate or representative of an applicant or licensee
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must not engage in ex parte communications with a member of the board. A member of
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the board must not engage in any ex parte communications with a licensee, applicant, or
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affiliate or representative of an applicant or licensee.
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(7) Any member, licensee, applicant, or affiliate or representative of a board member,
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licensee, or applicant who receives any ex parte communication in violation of subrule
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(6) of this rule, or who is aware of an attempted communication in violation of subrule
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(6) of this rule, must immediately report details of the communication or attempted
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communication in writing to the chairperson.
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(8) A member, the executive director, an employee, or an agent of the board must not
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have an internet wagering account or participate in or wager on any internet gaming
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conducted in this state except as part of the individual’s surveillance, security, or other
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official duty authorized by the board.
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(9) Violation of this rule by a licensee, applicant, or affiliate or a representative of a
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licensee, applicant, or affiliate, may result in denial of an application for licensure,
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revocation or suspension of a license, or other action by the board.
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(10) Violation of this rule does not create a civil cause of action.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.614 Denial or non-renewal hearings.
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Rule 614. (1) A person whose application for a license or a transfer of ownership
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has been denied, whose license has not been renewed, or who has been denied an
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approval from the board required in these rules may request a hearing. The hearing must
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be de novo.
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(2) The person must submit an original hearing request, pleading, or other written
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document to the board, serve each party or attorney of record, and provide a proof of
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service on each party or attorney of record.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.614a Request for hearing.
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Rule 614a. (1) A request for hearing must meet all of the following requirements:
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(a) Be in writing.
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(b) State the name, current address, and current telephone number of the
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petitioner.
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(c) State in detail the reasons why, and the facts upon which the petitioner will
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rely to show that, the petitioner's application for a license should not have been
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denied, the license should have been renewed, the transfer of ownership should have
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been approved, or approval should have been granted.
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(d) Be signed, verified, and dated. A petitioner must have the verification
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notarized and include a certification stating, "Under the penalty of perjury, the
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undersigned has examined this request for hearing and to the best of my knowledge
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and belief it is true, complete, and correct."
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(2) A request for hearing must be submitted within 21 days after service of the notice
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of denial, notice of nonrenewal, or disapproval. A request for a hearing submitted by
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certified mail or overnight express mail is considered submitted in a timely manner if it is
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postmarked no later than 21 days after service of a notice of denial, notice of nonrenewal,
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or disapproval.
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(3) A request for a hearing is considered granted unless denied.
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(4) A request for a hearing may be withdrawn by the petitioner. If the request for
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hearing is withdrawn, then the initial denial, nonrenewal, or disapproval becomes a final
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board order.
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(5) Unless the board denies a request for hearing, the board shall submit the request
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for hearing to the appropriate state agency.
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(6) Default judgment or dismissal may result at any stage of the proceeding.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.614b Proceedings.
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Rule 614b. (1) The burden of proof is at all times on the petitioner. The petitioner
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has the affirmative responsibility of establishing, by clear and convincing evidence, any
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of the following:
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(a) The petitioner should have been awarded a license.
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(b) The license should have been renewed.
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(c) The transfer of ownership should have been approved.
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(d) Approval should have been granted.
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(2) The hearing must be conducted in accordance with the administrative procedures
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act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except as otherwise provided in these
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rules or the act.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.614c Prohibition on ex parte communication.
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Rule 614c. A party or its attorney must not communicate directly or indirectly with
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the hearing officer regarding any pending matter, except upon notice and opportunity for
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all parties to participate. A party that engages in ex parte communication with the hearing
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officer may be subject to sanctions and penalties.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.614d Sanctions and penalties.
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Rule 614d. (1) The hearing officer may recommend sanctions and penalties if the
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hearing officer finds that a party has failed to appear at a scheduled hearing, has acted in
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bad faith for the purpose of delay, or has otherwise abused the hearing process.
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Sanctions and penalties include, but are not limited to, a fine or default judgment or a
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directed finding on 1 or more issues.
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(2) If a petitioner refuses to testify on his or her own behalf with respect to any
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question propounded to him or her, then the hearing officer may infer that the testimony
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or answer would have been adverse to the case of the petitioner.
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(3) If the petitioner or attorney of record fails to answer a subpoena or refuses to
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testify fully at the request of the board, then the failure may be considered independent
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grounds for a finding that the petitioner should have been denied a license or the transfer
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of ownership. The hearing officer may also infer from the failure to answer a subpoena or
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refusal to testify fully that the testimony would have been adverse to the petitioner.
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History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.614e Recording proceedings; transmittal of record and board action.
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Rule 614e. (1) Oral proceedings involving contested issues must be recorded to
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ensure the preservation of the testimony. A party may request a transcript of the
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proceedings. The requesting party must pay for the transcript.
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(2) Unless otherwise specified by the board, the hearing officer, within 60 days after
|
||
the conclusion of the hearing, or the submission of post-hearing briefs or proposed
|
||
findings of fact, shall issue, to the board and to the parties, written findings of fact,
|
||
conclusions of law, and recommendations. Findings of fact must be based exclusively on
|
||
testimony, evidence, and matters within the record. The findings of fact must be stated
|
||
separately.
|
||
(3) Unless otherwise agreed to by the parties or as set by the hearing officer, the
|
||
parties have 21 days after the service of the findings of fact, conclusions of law, and
|
||
recommendations of the hearing officer to file objections.
|
||
(4) Unless otherwise agreed to by the parties or as set by the hearing officer, the
|
||
parties may file a response to the objections within 21 days after service of the objections.
|
||
(5) After the time period for the parties to file objections and responses to those
|
||
objections, the hearing officer must transmit the entire record to the board.
|
||
(6) Before issuing a final order, the board must consider the record as a whole.
|
||
(7) After considering the record, the board may take any of the following actions:
|
||
(a) Affirm the written recommendations, findings of fact, and conclusions of law
|
||
submitted by the hearing officer as its final board order.
|
||
(b) Issue a final order modifying the written recommendations, findings of fact,
|
||
and conclusions of law submitted by the hearing officer.
|
||
(c) Issue a final order rejecting the written recommendations, findings of fact, and
|
||
conclusions of law submitted by the hearing officer.
|
||
(d) Issue an order remanding the matter, with instructions, to the hearing officer for
|
||
further proceedings.
|
||
(8) The board must serve copies of its orders on the parties.
|
||
(9) A board order becomes effective upon service.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
Page 10
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||
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|
||
R 432.615 Request for declaratory ruling; form; contents.
|
||
Rule 615. (1) An individual who requests a declaratory ruling from the board as to
|
||
the applicability to an actual state of facts of a statute, rule, resolution, or order
|
||
administered, promulgated, or issued by the board must do so in writing.
|
||
(2) The written request must contain the relevant and material facts along with a
|
||
reference to the statute, rule, resolution, or order applicable.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.615a Declaratory ruling; notice of issuance; request for information or
|
||
arguments; hearing.
|
||
Rule 615a. (1) Within 90 days after the receipt of a request for a declaratory ruling,
|
||
the board shall issue a written notification by regular first-class mail to the petitioner and
|
||
the petitioner’s legal counsel, if any, stating whether or not a declaratory ruling will be
|
||
issued.
|
||
(2) If the board decides to issue a declaratory ruling, the board may do any of the
|
||
following:
|
||
(a) Request more information from the individual.
|
||
(b) Request information from other interested parties.
|
||
(c) Request information from experts outside the board.
|
||
(d) Request oral or written arguments from interested parties.
|
||
(e) Hold a hearing upon proper notice to all interested parties.
|
||
(f) Decline to issue a declaratory ruling.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.616 Reasons for investigation of, or disciplinary action against, licensee;
|
||
hearing procedure.
|
||
Rule 616. (1) The board may initiate an investigation or a disciplinary action, or
|
||
both, against a licensee if the board has reason to believe that at least 1 of the following
|
||
applies:
|
||
(a) The licensee is not maintaining suitability for licensure as provided by the act.
|
||
(b) The licensee is not complying with licensure conditions.
|
||
(c) The licensee is not complying with all laws, rules, orders, and resolutions.
|
||
(2) Before initiating disciplinary proceedings, the board must give notice and an
|
||
opportunity to show compliance under section 92 of the administrative procedures act of
|
||
1969, 1969 PA 306, MCL 24.292.
|
||
(3) An internet gaming operator is responsible for the conduct of any licensee it uses
|
||
to conduct internet wagering under the act. An internet gaming supplier is also
|
||
responsible for its conduct of internet gaming under the act and these rules. Any violation
|
||
of the act or the rules by the internet gaming operator in which the internet gaming
|
||
supplier participated in the action is also considered a violation by the internet gaming
|
||
supplier, and the board may hold both, or either, accountable for the violation.
|
||
(4) The board may initiate a disciplinary proceeding by designating a member or the
|
||
executive director to conduct a hearing or by initiating proceedings with the appropriate
|
||
Page 11
|
||
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|
||
state agency under the contested case provisions of chapter 4 of the administrative
|
||
procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288, and the rules promulgated
|
||
under that chapter.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.616a Actions available to hearing officer.
|
||
Rule 616a. (1) A hearing officer may recommend sanctions and penalties if the
|
||
hearing officer finds that a party has failed to appear for a scheduled hearing, acted in bad
|
||
faith for the purpose of delay, or has otherwise abused the hearing process.
|
||
(2) If a respondent fails to testify on the respondent's own behalf with respect to any
|
||
question propounded to the respondent, the hearing officer may infer that the testimony
|
||
or answer would have been adverse to the case of the respondent.
|
||
(3) If the respondent or attorney of record fails to answer a subpoena or refuses to
|
||
testify fully at the request of the board, the failure may be considered independent
|
||
grounds for a finding that the respondent should be disciplined. The hearing officer may
|
||
also infer that the testimony would have been adverse to the respondent.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.616b Actions available to the board.
|
||
Rule 616b. The board may take any of the following disciplinary actions against a
|
||
licensee:
|
||
(a) Suspend, revoke, restrict, or place conditions on the license of a licensee.
|
||
(b) Require the removal of a licensee or the removal of an employee of a licensee.
|
||
(c) Impose a civil penalty for each violation of the act, rules, orders, or resolutions.
|
||
(d) Impose against an occupational licensee, for each violation of the act or these
|
||
rules, a civil penalty of not more than $10,000.00 as a result of the violation or attempted
|
||
violation of the act or these rules.
|
||
(e) Any other action considered necessary by the board to ensure compliance with the
|
||
act or these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.617 Special proceedings.
|
||
Rule 617. (1) The board may suspend a license without notice or hearing if the
|
||
board determines that the safety or health of persons or employees or the integrity of
|
||
internet gaming is jeopardized by continuing an operation or that the action is necessary
|
||
for the immediate preservation of the integrity of internet gaming, public peace, health,
|
||
safety, morals, good order, or general welfare.
|
||
(2) The suspension may remain in effect until the board determines that the cause for
|
||
suspension has been abated.
|
||
(3) Following a hearing, the board may revoke the license upon a determination that
|
||
satisfactory progress toward abating the hazard has not been made.
|
||
Page 12
|
||
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|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.618 Waiver of requirements.
|
||
Rule 618. The board may, in writing, waive, restrict, or alter any requirement or
|
||
procedure set forth in these rules, if the board determines any of the following:
|
||
(a) That the requirement or procedure is impractical or burdensome.
|
||
(b) That the waiver, restriction, or alteration is in the best interest of the public and
|
||
the internet gaming.
|
||
(c) That the waiver, restriction, or alteration is not outside the technical requirements
|
||
necessary to serve the purpose of the requirement or procedure.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
PART 2. LICENSING: OPERATOR, SUPPLIER, OCCUPATIONAL; VENDOR
|
||
REGISTRATION
|
||
R 432.621 Required notification of anticipated or actual changes in key person
|
||
of internet gaming operator and internet gaming supplier.
|
||
Rule 621. An internet gaming operator applicant or licensee must notify the board
|
||
before any anticipated or actual change in key person. An internet gaming supplier
|
||
applicant or licensee must notify the board of any change in key person within 30 days
|
||
after appointment.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621a Notification of new financial sources of internet gaming platform
|
||
providers.
|
||
Rule 621a. An internet gaming platform provider applicant or licensee must notify
|
||
the board, in writing, as soon as practicable, after it becomes aware that it intends to enter
|
||
into a transaction related in any way to its development and operations that may result in
|
||
any new financial backers, investors, mortgagees, bondholders, or holders of indentures,
|
||
notes, or other evidences of indebtedness of the applicant or licensee. A publicly traded
|
||
corporation is considered to have complied with this rule if it has complied with the
|
||
reporting requirements in R 432.621d.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621b Notification by applicants or licensees required.
|
||
Rule 621b. (1) An internet gaming operator or internet gaming supplier applicant or
|
||
licensee, affiliate that has control of an internet gaming operator applicant or licensee, or
|
||
other person that has control of an internet gaming operator or internet gaming supplier
|
||
Page 13
|
||
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|
||
applicant or licensee must notify the board, as soon as practicable after it becomes aware
|
||
that, with regard to any such company, any person or individual has:
|
||
(a) Beneficially acquired more than 5% of any class of the company's equity
|
||
securities.
|
||
(b) The ability to control the company.
|
||
(c) The ability to elect 1 or more directors of the company.
|
||
(2) To the extent known by the internet gaming operator license or internet gaming
|
||
supplier license applicant or licensee, the required notification must include the name,
|
||
business address, phone number, and other personal identification information for each
|
||
person.
|
||
(3) A person applying for or holding an internet gaming operator license or internet
|
||
gaming supplier license must report to the board the election or appointment of a director
|
||
or officer of that applicant or licensee or a holding company of that applicant or licensee
|
||
who is actively and directly engaged in the administration or supervision of that
|
||
applicant’s or licensee’s internet gaming operation.
|
||
(4) A person who applies for or holds an internet gaming operator license and all
|
||
other persons covered by this part must file any other document requested by the board to
|
||
ensure compliance with the act or this part within 30 days after the board request or at
|
||
another time established by the board.
|
||
(5) A publicly traded corporation is considered to have complied with this rule if it
|
||
has complied with the reporting requirements in R 432.621d.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621c Required notification of formation, dissolution, or transfer of
|
||
subsidiaries.
|
||
Rule 621c. (1) An internet gaming operator or internet gaming supplier applicant or
|
||
licensee, affiliate that has control of an internet gaming operator applicant or licensee, or
|
||
other person that has control of an internet gaming operator or internet gaming supplier
|
||
applicant or licensee, must report, in writing, to the board, as soon as practicable, the
|
||
formation or dissolution of, or any transfer of, a nonpublicly traded or publicly traded
|
||
interest in an internet gaming operator or internet gaming supplier applicant or licensee,
|
||
affiliate that has control of an internet gaming operator applicant or licensee, or other
|
||
person that has control of an internet gaming operator or internet gaming supplier
|
||
applicant or licensee.
|
||
(2) A publicly traded corporation is considered to have complied with this rule if it has
|
||
complied with the reporting requirements in R 432.621d.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621d Publicly traded corporation reporting requirements.
|
||
Rule 621d. (1) A publicly traded corporation or other person that applies for or
|
||
holds an internet gaming operator license or internet gaming supplier license who is a
|
||
public reporting company under the securities exchange act of 1934, 15 USC 78a to
|
||
78qq, or the securities act of 1933, 15 USC 77a to 77aa, must submit a copy of all
|
||
Page 14
|
||
Courtesy of Michigan Administrative Rules
|
||
submissions required by the U.S. Securities and Exchange Commission to the board in a
|
||
format prescribed by the board. The submissions are due within 14 days of the filing
|
||
dates required by the U.S. Securities and Exchange Commission.
|
||
(2) If a publicly traded corporation or other person that applies for or holds an internet
|
||
gaming operator license or internet gaming supplier license receives any material
|
||
document filed with the U.S. Securities and Exchange Commission by any other person
|
||
relating to the publicly traded corporation, the person must file 1 copy of the document
|
||
with the board within 14 days after receipt of the material.
|
||
(3) A publicly traded corporation or other person that applies for or holds an internet
|
||
gaming operator license or internet gaming supplier license must file a list of record
|
||
holders of its voting securities with the board annually.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621e Exemption for institutional investors.
|
||
Rule 621e. (1) An institutional investor who acquires beneficial ownership of a
|
||
person that has applied for or holds an internet gaming operator license or internet
|
||
gaming supplier license must notify the board within 14 days after the institutional
|
||
investor acquires the interest or files form 13-D or 13-G with the U.S. Securities and
|
||
Exchange Commission, or both, and must provide additional information, and may be
|
||
subject to a finding of suitability, as required by the board.
|
||
(2) An institutional investor who acquires and holds a less than 25% interest for
|
||
investment purposes only in a person that has applied for or holds an internet gaming
|
||
operator license or internet gaming supplier license in this state may, in a manner and
|
||
form prescribed by the board, file an exemption form to establish exemption from the
|
||
eligibility and suitability requirements of the act.
|
||
(3) The licensee in whom the institutional investor acquires the interest must file an
|
||
application for approval of the transfer within 30 days after the transfer. Within the same
|
||
time period, the institutional investor must file either an exemption form if the
|
||
institutional investor holds the interest for investment purposes only or an application and
|
||
disclosure forms as part of the licensee’s application if the institutional investor does not
|
||
hold the interest for investment purposes only.
|
||
(4) The board may require that any person, including an institutional investor, seeking
|
||
approval to hold ownership interests subject to this part apply for a finding of suitability
|
||
in accordance with this rule if the board considers the finding of suitability necessary to
|
||
ensure compliance with the act and these rules. If the board denies a request for an
|
||
institutional investor exemption, the institutional investor must, within 30 days, either
|
||
divest itself of the interest or file application and disclosure forms as part of the relevant
|
||
licensee’s license.
|
||
(5) The following activities are considered to be consistent with holding equity
|
||
securities for investment purposes only under this rule:
|
||
(a) Voting, directly or indirectly, through the delivery of a proxy furnished by the
|
||
board of directors, on all matters voted on by the holders of the voting securities.
|
||
(b) Serving as a member of a committee of creditors or security holders formed in
|
||
connection with a debt restructuring.
|
||
Page 15
|
||
Courtesy of Michigan Administrative Rules
|
||
(c) Nominating a candidate for election or appointment to the board of directors in
|
||
connection with a debt restructuring.
|
||
(d) Accepting appointment or election as a member of the board of directors in
|
||
connection with a debt restructuring and serving in that capacity until the conclusion
|
||
of the member's term.
|
||
(e) Making financial and other inquiries of management of the type normally
|
||
made by securities analysts for information purposes and not to cause a change in its
|
||
management, policies, or operations.
|
||
(f) Other activities that the board determines to be consistent with the investment
|
||
intent.
|
||
(6) If an institutional investor acquires 25% or more ownership interest of a licensee,
|
||
the institutional investor must notify the board within 14 days of acquiring the ownership
|
||
interest.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621f Applicability of part; transfer of ownership interest; limitation.
|
||
Rule 621f. (1) An interest in a person applying for or holding an internet gaming
|
||
operator license or internet gaming supplier license may only be transferred in
|
||
accordance with this part.
|
||
(2) The following persons must provide notice to the board no later than 30 days after
|
||
execution of the transfer:
|
||
(a) Except for an internet gaming platform provider, a person that transfers or acquires
|
||
greater than a 5% interest in a person that has applied for or holds an internet
|
||
gaming operator license or an internet gaming supplier license in this state.
|
||
(b) Except for an internet gaming platform provider, a person who, as a result of an
|
||
acquisition, has acquired an interest totaling greater than 5% in a person that has
|
||
applied for or holds an internet gaming operator license or an internet gaming
|
||
supplier license in this state.
|
||
(3) Except as stated in subrules (5) and (6) of this rule, the following persons must
|
||
provide notice to the board 30-days before execution of a transfer:
|
||
(a) A person that intends to transfer or acquire greater than a 5% interest in a person
|
||
that has applied for or holds an internet gaming operator license or internet gaming
|
||
platform provider in this state.
|
||
(b) A person who, as a result of an acquisition, will acquire an interest totaling greater
|
||
than 5% in a person that has applied for or holds an internet gaming operator
|
||
license or is an internet gaming platform provider in this state.
|
||
(4) The board must determine whether the person acquiring the interest is eligible and
|
||
suitable under the standards set forth in the act and these rules, unless the board grants the
|
||
person an institutional-investor exemption under these rules or under section 6(11) or
|
||
8(10) of the act, MCL 432.306 and 432.308. Once the board determines that the person
|
||
acquiring the interest is eligible and suitable under the standards set in the act and these
|
||
rules, the executive director may approve the transfer.
|
||
(5) A transfer of interest to an institutional investor that acquires or will have
|
||
acquired, upon completion of the transfer, less than 25% of the equity securities of a
|
||
person that applies for or holds an internet gaming operator license or internet gaming
|
||
Page 16
|
||
Courtesy of Michigan Administrative Rules
|
||
supplier license may occur without first receiving executive director approval if the
|
||
equity securities are held for investment purposes only but is subject to other
|
||
requirements of this part.
|
||
(6) A transfer of interest in an internet gaming operator or internet gaming supplier
|
||
licensee may occur if the transfer is between persons the board has found eligible and
|
||
suitable for licensure during the licensing period in which the transfer occurs. In those
|
||
cases, approval of the transfer must be requested no later than 30 days after the transfer,
|
||
and the executive director may decide the application.
|
||
(7) If approval of the transfer of interest is denied by the executive director or the
|
||
person acquiring the interest is found unsuitable by the board, the transferee must divest
|
||
itself of the interest within 30 days after the date of the order denying approval.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621g Application for transfer of ownership.
|
||
Rule 621g. (1) A person desiring to acquire an ownership interest in a person
|
||
applying for or holding an internet gaming operator license or internet gaming supplier
|
||
license must complete and submit application and disclosure forms, in the manner and
|
||
form prescribed by the board.
|
||
(2) A person desiring to acquire an interest in a person applying for or holding an
|
||
internet gaming operator license or internet gaming supplier license must present
|
||
evidence that the person desiring to acquire the interest is eligible and suitable under the
|
||
standards and criteria for licensure set forth in the act and these rules.
|
||
(3) A person applying for or holding an internet gaming operator license or internet
|
||
gaming supplier license that is attempting to transfer an ownership interest must submit
|
||
any information or documentation considered necessary by the board to ensure
|
||
compliance with the act and these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621h Transfer investigative costs and fees.
|
||
Rule 621h. An investigation fee may be assessed to the extent that there are costs
|
||
directly associated with the background investigation relating to the person desiring to
|
||
acquire an interest in an internet gaming operator or internet gaming supplier. Unless
|
||
otherwise determined by the board, approval may be withheld until full payment of the
|
||
background investigation fees.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621i Denials.
|
||
Rule 621i. If an application for a transfer of interest is denied, a notice of denial
|
||
must be issued.
|
||
Page 17
|
||
Courtesy of Michigan Administrative Rules
|
||
R 432.621j Review of information at licensee’s or applicant’s premises; costs to
|
||
internet gaming operator and internet gaming supplier.
|
||
Rule 621j. (1) The board may review, at the premises of the custodian of the
|
||
information, any information that the act or these rules provide for from any of the
|
||
following entities:
|
||
(a) A license applicant.
|
||
(b) A licensee.
|
||
(c) A key person.
|
||
(2) If information is reviewed at the premises of the custodian of the information, the
|
||
license applicant or licensee must, as soon as practicable, reimburse the board for all
|
||
licensure investigation expenses incurred in performing the review at the premises of
|
||
the custodian of the information, including travel, food, and lodging that exceed the
|
||
amount of the application fee.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.621k Applicant/licensee disclosure of representatives to act on their
|
||
behalf before the board.
|
||
Rule 621k. (1) An applicant or licensee must file, with the board, a list of persons
|
||
authorized to act on the applicant's or licensee's behalf as to any matter before the board.
|
||
An attorney appearing on behalf of an applicant or licensee in a matter before the board
|
||
must promptly file an appearance identifying his or her client and the matter in which the
|
||
attorney will appear.
|
||
(2) A person holding or applying for a license must establish and identify a representative
|
||
for the purpose of accepting service of process, notices, and other forms of
|
||
communication from the board for the person holding or applying for a license.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.622 License classifications.
|
||
Rule 622. (1) The following licenses may be issued under the act and these rules:
|
||
(a) Internet gaming operator license.
|
||
(b) Internet gaming supplier license.
|
||
(2) The following persons are eligible to hold an internet gaming operator license:
|
||
(a) A person that holds a casino license under the Michigan Gaming Control and
|
||
Revenue Act, 1996 IL 1, MCL 432.201 to 432.226.
|
||
(b) An Indian tribe that lawfully conducts class III gaming in a casino located in this
|
||
state under a facility license issued in accordance with a tribal gaming ordinance
|
||
approved by the chair of the National Indian Gaming Commission.
|
||
(3) A person that provides goods or services that directly affect wagering, play, and
|
||
results of internet games to internet gaming operators is required to hold an internet
|
||
gaming supplier license. As used in this subrule, "internet gaming supplier" includes, but
|
||
is not limited to, the following:
|
||
(a) Internet gaming platform providers.
|
||
(b) Geofence providers.
|
||
Page 18
|
||
Courtesy of Michigan Administrative Rules
|
||
(c) Providers of software that directly affect wagering, play, the results of an internet
|
||
game, or the integrity of internet gaming.
|
||
(d) Providers hosting live internet gaming data.
|
||
(e) Affiliate marketers that have an agreement based on the sharing of customer
|
||
revenue.
|
||
(f) Unless otherwise determined by the board, any other person that meets 1 or more
|
||
of the following criteria:
|
||
(i) The person manufactures, supplies, or distributes devices, machines,
|
||
equipment, items, or articles that meet any of the following provisions:
|
||
(A)Are specifically designed for use in the conduct of internet gaming.
|
||
(B) Have the capacity to affect the outcome of an internet wager.
|
||
(C) Have the capacity to affect the calculation, storage, collection, or control
|
||
of gross receipts.
|
||
(ii) The person services or repairs internet gaming wagering devices, machines,
|
||
equipment, items, or articles impacting the integrity of internet gaming.
|
||
(iii) The person provides services directly related to the operation, security,
|
||
surveillance, or management of internet gaming.
|
||
(iv) The person provides other goods or services determined by the board to be so
|
||
utilized in, or incidental to, the operation of an internet gaming operator that
|
||
the person must be licensed as an internet gaming supplier to protect the
|
||
public and enhance the credibility and integrity of internet gaming in this
|
||
state.
|
||
(4) A person must be licensed as an internet gaming supplier before providing goods,
|
||
software, or services as an internet gaming supplier to an internet gaming operator.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.623 Occupational licensing.
|
||
Rule 623. (1) An individual must have an occupational license if his or her duties
|
||
directly impact the integrity of internet gaming as determined by the board in its sole
|
||
discretion, subject to the following:
|
||
(a) The board shall exercise its discretion with respect to any internet gaming
|
||
operator applicant or licensee that is an Indian tribe consistent with limitations
|
||
prescribed in the act.
|
||
(b) An internet gaming operator or internet gaming supplier may provide an
|
||
explanation, such as a job description, to support an allegation that a position
|
||
should not require an occupational license.
|
||
(c) Elected or appointed officials of a federally recognized Indian tribe located within
|
||
this state are exempt from any occupational licensing requirement unless they are
|
||
employees of the tribe’s internet gaming operation.
|
||
(2) The following individuals when employed by an internet gaming operator or
|
||
internet gaming supplier are considered by the board to directly impact the
|
||
integrity of internet gaming:
|
||
(a) An individual who has the capability to directly affect the outcome of an
|
||
internet wager or game.
|
||
Page 19
|
||
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|
||
(b) An individual who has the capability of affecting a payout to an authorized
|
||
participant.
|
||
(3) An individual applying for an occupational license must complete an application
|
||
in the manner and form prescribed by the board and submit it together with the
|
||
required application fee and a written statement from an internet gaming operator
|
||
or internet gaming supplier indicating that it has employed or will employ the
|
||
individual if the individual is licensed.
|
||
(4) If a preliminary review of the application and criminal history check does not
|
||
uncover or indicate any circumstance that may require denial of the application
|
||
under the licensing standards established in this rule, a temporary occupational
|
||
license may be issued. The temporary occupational license authorizes the
|
||
individual to perform the employment duties for which the license is sought,
|
||
pending action on the license application. A temporary license is valid until the
|
||
occupational license application is withdrawn or denied, the temporary license is
|
||
suspended or revoked, or the license is issued by the board.
|
||
(5) An individual has the burden to establish by clear and convincing evidence his or her
|
||
suitability as to character, reputation, integrity, and responsibility.
|
||
(6) The board may, in its discretion, deny an occupational license to an individual who is
|
||
or does any of the following:
|
||
(a) Fails to disclose or states falsely any information requested in the application.
|
||
(b) Has been convicted of a criminal offense involving gambling, dishonesty, theft, or
|
||
fraud in any jurisdiction. However, the board may waive this requirement if the
|
||
conviction occurred more than 5 years before the applicant applies for a license
|
||
and the board is convinced that the applicant does not pose a threat to the integrity
|
||
of internet gaming and the applicant otherwise meets the requirements of this rule.
|
||
(c) Has a history of noncompliance with any regulatory requirements in this state or
|
||
any other jurisdiction.
|
||
(d) Lacks the requisite suitability as to integrity and character as determined by the
|
||
board.
|
||
(e) Has had a prior gambling related license or license application suspended,
|
||
restricted, revoked, or denied for just cause in any other jurisdiction.
|
||
(7) The board shall decide whether to grant or deny the application for an occupational
|
||
license. The decision must not be arbitrary or capricious.
|
||
(8) Upon granting the application for an occupational license and payment of the
|
||
licensing fee, the executive director shall issue the occupational license.
|
||
(9) The occupational license is not transferable to another individual.
|
||
(10) An occupational licensee must have on his or her person the license while
|
||
working for the applicable internet gaming operator or internet gaming supplier in
|
||
this state during work hours.
|
||
(11) The board may exempt an individual from any or all of the occupational licensing
|
||
requirements if any of the following apply:
|
||
(a) The individual is licensed under the Michigan Gaming Control and Revenue
|
||
Act, 1996 IL 1, MCL 432.201 to MCL 432.226.
|
||
(b) The individual is licensed under the lawful sports betting act, 2019 PA 149,
|
||
MCL 432.401 to MCL 432.419.
|
||
(c) The individual is licensed by another governmental agency.
|
||
Page 20
|
||
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|
||
(d) The board determines, in its sole discretion, that licensing is not considered
|
||
necessary to protect the public interest or accomplish the policies of the act.
|
||
(12) An individual exempted from occupational licensing may be required to
|
||
register with the board using a form prescribed by the board.
|
||
(13) The board may suspend, revoke, summarily suspend, or refuse to renew a license
|
||
for just cause.
|
||
(14) An occupational license is valid for 2 years and must be renewed as prescribed by
|
||
the board. If the occupational licensee files a renewal request and pays the
|
||
licensing fee in a timely manner and in the manner and form prescribed by the
|
||
board, the licensee’s existing occupational license does not expire until a decision
|
||
on the application for renewal is made.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.624 Fees, fines, taxes, payments, and assessments.
|
||
Rule 624. (1) All fees, fines, taxes, payments, and assessments provided for under
|
||
the act and these rules must be timely submitted to the board by a payment method
|
||
acceptable to the board, such as a certified check, cashier's check, money order made
|
||
payable to "State of Michigan," or electronic transfer of funds.
|
||
(2) An internet gaming operator must remit the tax or payment imposed by the act to
|
||
the board by an electronic transfer of funds. An internet gaming operator licensee must
|
||
maintain an account at a designated financial institution that is capable of handling
|
||
electronic fund transfers.
|
||
(3) The following nonrefundable license application fees must be submitted to the
|
||
board, together with the required license application form or forms, for the corresponding
|
||
license classification to which the fees relate:
|
||
(a) Internet gaming operator license application: $50,000.00.
|
||
(b) Internet gaming supplier license application: $2,500.00.
|
||
(c) Occupational license application: $250.00.
|
||
(4) The license application fee will be used by the board to conduct an appropriate
|
||
background investigation of the applicant as prescribed by the board, the act, and these
|
||
rules. No portion of a remitted application fee will be refunded.
|
||
(5) An additional background investigation charge may be assessed to the extent the
|
||
board's direct investigative costs exceed the applicant's application fee. Unless otherwise
|
||
determined by the board, a license may not be issued until payment of the additional
|
||
assessed charge for completion of the background investigation is received by the board.
|
||
(6) A licensee may also be assessed the board's direct investigative costs arising from
|
||
a background investigation for renewal of a license to the extent the costs exceed the
|
||
application fees. The board may deny a renewal application if the licensee does not pay
|
||
the additional assessed costs by a date set by the board.
|
||
(7) The following license fees must be submitted to the board by the applicant upon
|
||
initial issuance of the license under the act and these rules:
|
||
(a) Internet gaming operator license: $100,000.00.
|
||
(b) Internet gaming supplier license: $5,000.00.
|
||
(c) Occupational license: $250.00.
|
||
Page 21
|
||
Courtesy of Michigan Administrative Rules
|
||
(8) The following license fees must be submitted to the board by the licensee after the
|
||
initial license is issued under the act and these rules:
|
||
(a) Internet gaming operator license annual fee: $50,000.00.
|
||
(b) Internet gaming supplier license annual fee: $2,500.00.
|
||
(c) Occupational license biennial fee: $250.00.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.624a Deposit of fees, fines, taxes, payments, and assessments.
|
||
Rule 624a. Except as provided in sections 15 and 15a of the act, MCL 432.315 and
|
||
432.315a, all fees, fines, taxes, payments, and assessments imposed by this state under
|
||
the act and these rules must be deposited into the internet gaming fund.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.625 Investigation process for internet gaming operators and internet
|
||
gaming suppliers.
|
||
Rule 625. The board shall conduct a background investigation on an applicant
|
||
subject to the limitations of section 6 of the act, MCL 432.306, when the applicant is an
|
||
Indian tribe. The board shall also use the information provided in the application and
|
||
disclosure form or forms as a basis for a background investigation and to evaluate and
|
||
determine the eligibility and suitability of the applicant to receive an internet gaming
|
||
operator license or internet gaming supplier license under the licensing standards and
|
||
criteria provided in the act and these rules. A misrepresentation or omission in the
|
||
application is cause for the denial, suspension, restriction, or revocation of an internet
|
||
gaming operator license or internet gaming supplier license by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.625a Persons required to be found eligible and suitable.
|
||
Rule 625a. (1) The board shall not issue or renew an internet gaming operator
|
||
license or internet gaming supplier license unless every person required by the act and
|
||
these rules as part of the application for issuance or renewal of the license has first been
|
||
determined by the board to be eligible and suitable in accordance with the relevant
|
||
licensing standards set forth in the act and these rules.
|
||
(2) Unless otherwise prescribed by the board, the following persons are required to be
|
||
found eligible and suitable as part of the application for the issuance, or request for
|
||
renewal, of an internet gaming operator license or internet gaming supplier license:
|
||
(a) A person who is required to apply for an internet gaming operator license or
|
||
internet gaming supplier license under the act and these rules.
|
||
(b) A person who is included in the term “applicant” as defined in section 3 of the
|
||
act, MCL 432.303.
|
||
(c) A person who is a key person.
|
||
Page 22
|
||
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|
||
(3) A person required to be found eligible and suitable as part of the application for
|
||
issuance or renewal of an internet gaming operator license or internet gaming
|
||
supplier license must complete and file with the board an application and required
|
||
disclosure forms in the manner and form prescribed by the board.
|
||
(4) A person that applies for or holds an internet gaming operator or internet gaming
|
||
supplier license must ensure that all persons who are required by the act and these
|
||
rules to establish their eligibility and suitability as part of the applicant's
|
||
application for the issuance, or the licensee's maintenance or renewal, of the
|
||
internet gaming operator license or internet gaming supplier license have filed,
|
||
with the board, all required applications, reports, and disclosure forms in the
|
||
manner and form prescribed by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.625b License issuance by the board—standards and criteria.
|
||
Rule 625b. (1) Except to the extent the board may require different or additional
|
||
procedures, an applicant for an internet gaming operator license or internet gaming
|
||
supplier license is subject to all of the following before licensing:
|
||
(a) Application
|
||
(b) Background investigation
|
||
(c) Action and decision by the board on the application.
|
||
(2) A person that is required to be licensed as an internet gaming operator or internet
|
||
gaming supplier under the act and these rules must, before issuance of an internet
|
||
gaming operator’s or internet gaming supplier’s license, produce information,
|
||
documentation, and assurances to establish all of the following by clear and
|
||
convincing evidence:
|
||
(a) Its suitability as to character, reputation, integrity, business probity, and financial
|
||
ability.
|
||
(b) Its willingness to be subject to the jurisdiction of the board.
|
||
(c) That the applicant has adequate capitalization and the financial ability and the
|
||
means to develop, construct, operate, and maintain the applicant’s internet
|
||
gaming operator or internet gaming supplier business in accordance with the act
|
||
and these rules.
|
||
(d) That the applicant has adequate capitalization and the financial ability to
|
||
responsibly pay its secured and unsecured debts in accordance with its financing
|
||
agreements and other contractual obligations.
|
||
(e) That the applicant’s compliance with casino or casino-related licensing
|
||
requirements or compacts with this state or any other jurisdiction.
|
||
(f) That the applicant and all other persons required to be found eligible and suitable
|
||
as part of the application are eligible and suitable for licensure under the
|
||
licensing standards, criteria, and requirements.
|
||
(g) That the applicant, if an individual, and all other individuals required to be found
|
||
eligible and suitable as part of the application are not less than 21 years of age,
|
||
unless otherwise approved by the board.
|
||
(h) That the applicant and all other persons required to be found eligible and suitable
|
||
as part of the application have not been convicted of any criminal offense
|
||
Page 23
|
||
Courtesy of Michigan Administrative Rules
|
||
involving gaming, theft, dishonesty, or fraud in any jurisdiction. However, the
|
||
board may waive this requirement if the conviction occurred more than 5 years
|
||
before the applicant applies for a license and the board is convinced that the
|
||
applicant does not pose a threat to the integrity of internet gaming and the
|
||
applicant otherwise meets the requirements of this rule.
|
||
(i) That the applicant and all other persons required to be found eligible and suitable
|
||
as part of the application do not appear on the exclusion list of any jurisdiction.
|
||
(j) That the applicant and all other persons required to be found eligible and suitable
|
||
as part of the application are in substantial compliance with all local, state, and
|
||
federal laws.
|
||
(k) That the applicant has the financial ability to purchase and maintain adequate
|
||
liability and casualty insurance and to provide an adequate surety bond.
|
||
(3) Subrule (2) of this rule does not apply to an Indian tribe except to the extent
|
||
authorized by the act. To the extent a non-tribal applicant or licensee will be providing
|
||
goods and services to an internet gaming operator who is an Indian tribe, that applicant or
|
||
licensee shall provide information relative to its relationship with the internet gaming
|
||
operator to determine if it is an arm of the tribe. Arm of the tribe means a tribally-created
|
||
economic entity owned in part or in whole by the Indian tribe which was intended by the
|
||
Indian tribe to share in its sovereign immunity and satisfies any relevant legal criteria
|
||
under federal Indian law for establishing arm of the tribe status.
|
||
(4) Once licensed, a person must comply with the act and these rules. Failure to
|
||
comply may result in disciplinary action.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.625c Provisional licenses for internet gaming suppliers.
|
||
Rule 625c. (1) Upon written request of a person applying for an internet gaming
|
||
supplier’s license, the executive director may issue a provisional license to the applicant
|
||
and permit the applicant to conduct business transactions with, and provide goods and
|
||
services to, internet gaming operators, if all of the following provisions are complied
|
||
with:
|
||
(a) A completed application, an application fee, and all required disclosure forms and
|
||
other required written documentation and materials have been submitted by the
|
||
applicant.
|
||
(b) Preliminary review of the application and a criminal history check does not reveal
|
||
that the applicant or the applicant’s affiliate or key person has been convicted of a
|
||
felony or misdemeanor involving gambling, theft, dishonesty, or fraud, or may
|
||
otherwise be ineligible or unsuitable to permit licensure under the act or these
|
||
rules.
|
||
(c) There is no other apparent deficiency in the application that may require denial of
|
||
the application.
|
||
(d) The applicant has a letter of intent to provide goods or services to an internet
|
||
gaming operator or the applicant shows good cause for being granted a
|
||
provisional license.
|
||
(2) A provisional license issued under this rule expires on the date provided by the
|
||
board.
|
||
Page 24
|
||
Courtesy of Michigan Administrative Rules
|
||
(3) If the internet gaming supplier’s provisional license expires, or is suspended or
|
||
revoked, the executive director shall forward the applicant’s application for an internet
|
||
gaming supplier license to the board at the conclusion of the background investigation for
|
||
action on the application.
|
||
(4)The board may, at its discretion, waive any or all of the provisions listed in subrule
|
||
(1) of this rule if the applicant is licensed by the board under the Michigan Gaming
|
||
Control and Revenue Act, 1996 IL 1, MCL 432.201 to 432.226, or the lawful sports
|
||
betting act, 2019 PA 149, MCL 432.401 to 432.419.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.626 Denials.
|
||
Rule 626. (1) If the board denies an application for a license, it shall direct the
|
||
executive director to issue a notice of denial.
|
||
(2) An applicant, including an individual applying for an occupational license, who is
|
||
served with a notice of denial under these rules may request a contested case hearing
|
||
as set forth in these rules.
|
||
(3) The notice of denial is a finding that the person is ineligible or unsuitable for
|
||
licensure or is otherwise in violation of the licensing requirements of the act or these
|
||
rules. When the board denies an application for a license, the person is prohibited
|
||
from conducting business that would otherwise require licensure.
|
||
(4) A person whose application for a license has been denied may not reapply for a
|
||
period of 1 year from the date on which the board voted to deny the application unless
|
||
otherwise approved by the board.
|
||
(5) A person whose application for a license was denied may seek leave of the board to
|
||
reapply within the 1-year period by addressing the request to the board. The board
|
||
may require the person to present oral or written argument outlining why an
|
||
exception should be made.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.627 Renewal of a license.
|
||
Rule 627. (1) An internet gaming operator or internet gaming supplier license when
|
||
issued is valid for a 5-year period.
|
||
(2) An internet gaming operator or internet gaming supplier licensee may renew its
|
||
license every 5 years after receiving its initial license.
|
||
(3) An internet gaming operator or internet gaming supplier licensee intending to renew
|
||
its license must, at least 30 days before expiration of its license, submit the annual
|
||
license renewal fee and application in the manner and form required by the board.
|
||
(4) If the board denies the application for renewal, it shall direct the executive director to
|
||
issue the licensee a notice of nonrenewal.
|
||
(5) An internet gaming operator or internet gaming supplier licensee who is served with a
|
||
notice of nonrenewal under this rule may request a contested case hearing as set forth
|
||
in these rules.
|
||
Page 25
|
||
Courtesy of Michigan Administrative Rules
|
||
(6) The notice of nonrenewal is a finding that the internet gaming operator or internet
|
||
gaming supplier licensee is ineligible or unsuitable for licensure or is otherwise in
|
||
violation of the licensing requirements of the act or these rules. When the board
|
||
denies an application for renewal, the person is prohibited from conducting business
|
||
that would otherwise require licensure.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.628 Application explained; applicant to demonstrate eligibility and
|
||
suitability.
|
||
Rule 628. (1) An application for a license under the act and these rules is a request
|
||
by the applicant seeking a revocable privilege. A license must be granted by the board if
|
||
the applicant meets the licensing requirements of the act and these rules.
|
||
(2) An applicant for a license under the act and these rules, at all times, has the burden of
|
||
demonstrating to the board, by clear and convincing evidence, that the applicant is
|
||
eligible and suitable to be granted and retain the license for which application is made
|
||
under the applicable licensing standards and requirements of the act and these rules.
|
||
(3) A license issued by the board under the act and these rules is a revocable privilege
|
||
granted by the board. A person who holds a license does not acquire, and must not be
|
||
considered to have acquired, a vested property right or other right in the license.
|
||
(4) An applicant or licensee must accept any risk of adverse publicity, public notice,
|
||
notoriety, embarrassment, criticism, financial loss, or other unfavorable or harmful
|
||
consequences that may occur in connection with, or as a result of, the application and
|
||
licensing process or the public disclosure of information submitted to the board with a
|
||
license application or at the board's request under the act and these rules.
|
||
(5) An applicant or licensee may claim any privilege afforded by the Constitution or laws
|
||
of the United States or of this state in refusing to answer questions or provide
|
||
information requested by the board. However, a claim of privilege with respect to any
|
||
testimony or evidence pertaining to the eligibility or suitability of an applicant or
|
||
licensee to be granted or hold a license under the act and these rules may constitute
|
||
cause for denial, suspension, revocation, or restriction of the license.
|
||
(6) An applicant and licensee have a continuing duty to do all of the following:
|
||
(a) Notify the board of a material change in the information submitted in the license
|
||
application submitted by the applicant or licensee or a change in circumstance that
|
||
may render the applicant or licensee ineligible or unsuitable to hold the license
|
||
under the licensing standards and requirements of the act and these rules.
|
||
(b) Maintain the applicant's or licensee's eligibility and suitability to be issued and
|
||
hold the license held or applied for under the act and these rules.
|
||
(c) Provide any information or records requested by the board relating to licensing or
|
||
regulation; cooperate with the board in investigations, inspections, audits,
|
||
hearings, and enforcement and disciplinary actions; allow access to its facilities
|
||
relevant to Michigan internet gaming operation; and comply with all conditions,
|
||
restrictions, requirements, orders, and rulings of the board in accordance with the
|
||
act and these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
Page 26
|
||
Courtesy of Michigan Administrative Rules
|
||
R 432.628a Eligibility and suitability of new key person.
|
||
Rule 628a. An individual required to be found eligible and suitable or licensed
|
||
under the act or these rules by virtue of his or her position with an internet gaming
|
||
operator licensee must not perform any duties or exercise any powers of the position until
|
||
he or she is determined to be eligible and suitable and is licensed by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.628b Duty to disclose violation of licenses.
|
||
Rule 628b. An internet gaming operator and an internet gaming supplier must
|
||
immediately notify the board, in writing, if it becomes aware that an internet gaming
|
||
operator, internet gaming supplier, or occupational licensee involved in its internet
|
||
gaming operations under the act has acted contrary to the act or these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.628c Contracts.
|
||
Rule 628c. The internet gaming operator must maintain all contracts that relate to
|
||
its Michigan internet gaming operations for 5 years following its expiration. The board
|
||
must be allowed access to any contract related to its Michigan internet gaming operations
|
||
entered into by an internet gaming operator upon demand. The internet gaming operator
|
||
may be required by the board to promptly submit copies of any such contract upon
|
||
request of the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.629 Vendors.
|
||
Rule 629. (1) All of the following apply regarding vendor registration:
|
||
(a) A vendor who provides goods or services, or both, directly or indirectly, to an
|
||
internet gaming operator or internet gaming platform provider in connection with
|
||
its Michigan internet gaming operation may be required to register with the board.
|
||
Vendors requiring registration include, but are not limited to, the following:
|
||
(i) Affiliate marketers that do not have an agreement based on the sharing of
|
||
customer revenue. In connection with its vendor registration, the affiliate
|
||
marketer must certify it does not promote or market, or both, illegal online
|
||
gaming sites to individuals located in Michigan. An illegal online gaming site
|
||
is one that is not licensed to accept wagers from customers located in
|
||
Michigan or any other state.
|
||
(ii) Payment processors.
|
||
(iii)A person that provides over $100,000.00 worth of goods or services, or both,
|
||
to any internet gaming operator or internet gaming platform provider in
|
||
connection with its Michigan internet gaming operations in a calendar year.
|
||
Page 27
|
||
Courtesy of Michigan Administrative Rules
|
||
(iv)Data centers providing physical security and infrastructure.
|
||
(v) Any other person as considered necessary by the board.
|
||
(b) Unless otherwise provided for by the board, a person must be registered as a
|
||
vendor before providing goods or services, or both, as a vendor to an internet
|
||
gaming operator or internet gaming platform provider.
|
||
(c) An internet gaming operator or an internet gaming platform provider is prohibited
|
||
from using an unregistered vendor to provide goods or services that require a
|
||
vendor registration.
|
||
(d) Unless otherwise provided for by the board, the following persons are not
|
||
required to register as a vendor:
|
||
(i) Insurance companies.
|
||
(ii) A person or entity that provides legal services.
|
||
(iii) Entities providing medical related services.
|
||
(iv) Michigan public institutions of higher education.
|
||
(v) Public utilities regulated by the Michigan public service commission.
|
||
(vi) A Michigan or federally chartered depository financial institution.
|
||
(vii) A person or business that provides goods or services as a result of the
|
||
licensee’s employees engaging in business travel, including transportation,
|
||
lodging, food, and fuel providers.
|
||
(viii) A person who provides employee training or professional development to a
|
||
licensee.
|
||
(ix) A person who provides conferences, seminars, publications, or memberships
|
||
that will directly contribute to the work performance or professional
|
||
development of the licensee’s employees.
|
||
(e) To register, a vendor must complete and file with the board an application for
|
||
registration and required disclosure forms in the manner and form prescribed by
|
||
the board. An application for registration and required disclosure forms must be
|
||
submitted to the board, together with a nonrefundable application fee of $200.00
|
||
by a payment method acceptable to the board, such as a certified check, cashier’s
|
||
check, money order made payable to “State of Michigan”, or electronic fund
|
||
transfer.
|
||
(2) All of the following apply regarding renewal of a vendor registration:
|
||
(a) A vendor must renew its registration every 5 years after initial registration.
|
||
(b) A vendor intending to renew its registration must, at least 30 days before
|
||
expiration of its registration, submit the annual registration fee and application in
|
||
the manner and form required by the board.
|
||
(3) All of the following apply regarding vendor conduct:
|
||
(a) A vendor must, at all times, conduct itself in a manner that does not compromise
|
||
the integrity of internet gaming or violate any applicable provisions of the act and
|
||
these rules.
|
||
(b) The board may conduct an investigation to determine if a vendor has acted in a
|
||
manner that does or could compromise the integrity of internet gaming in this
|
||
state. The following may be considered during an investigation:
|
||
(i) Criminal records.
|
||
(ii) Suspension of licenses, registration certificates, or their equivalent, or any
|
||
other adverse actions in other jurisdictions.
|
||
Page 28
|
||
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|
||
(iii) Business reputation.
|
||
(iv) Associations with businesses and individuals.
|
||
(v) Compliance with gaming laws and regulations in Michigan and other
|
||
jurisdictions.
|
||
(vi) Any other information considered appropriate by the board.
|
||
(c) Vendors agree to be subject to the jurisdiction of the board; have a continuing
|
||
duty to provide information or records requested by the board; must cooperate
|
||
with the board in any investigation, inspection, audit, or inquiry; and must allow
|
||
the board access to its facilities that are relevant to Michigan internet gaming
|
||
operations.
|
||
(d) If the investigation reveals a vendor’s conduct could or does compromise the
|
||
integrity of internet gaming in this state, the board may issue a cease and desist
|
||
order, obtain injunctive relief, or take any other action necessary to protect the
|
||
integrity of internet gaming in this state, or all 3.
|
||
(e) Vendors have a continuing duty to notify the board of any change in information
|
||
previously submitted to the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
PART 3. TECHNICAL STANDARDS
|
||
R 432.631 Geofence requirements.
|
||
Rule 631. (1) All internet wagering transactions must be initiated and received or
|
||
otherwise made by an authorized participant located in this state or, if the act allows the
|
||
board to enter into agreements to facilitate, administer, and regulate multijurisdictional
|
||
internet gaming, another jurisdiction authorized by a multijurisdictional internet gaming
|
||
agreement. An authorized participant located in another jurisdiction authorized by a
|
||
multijurisdictional internet gaming agreement must only be allowed to place internet
|
||
wagers on internet games authorized by the board under the multijurisdictional internet
|
||
gaming agreement.
|
||
(2) To prevent the unauthorized placement of an internet wager by an individual or
|
||
authorized participant not within this state, the internet gaming operator and its
|
||
internet gaming platform provider must utilize a geofencing system to reasonably
|
||
detect the physical location of an individual or authorized participant attempting to
|
||
access the internet gaming platform and place an internet wager and to monitor and
|
||
block unauthorized attempts to access the internet gaming platform to place an
|
||
internet wager when an individual or authorized participant is not within the
|
||
permitted boundary.
|
||
(3) The geofencing system must ensure that an individual or authorized participant is
|
||
located within the permitted boundary when placing an internet wager, and must be
|
||
equipped to dynamically monitor the individual’s or authorized participant’s
|
||
location and block unauthorized attempts to access the internet gaming platform to
|
||
place an internet wager throughout the duration of the internet gaming authorized
|
||
participant session.
|
||
Page 29
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||
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|
||
(4) The board shall approve all technical specifications for geofencing and any specific
|
||
requirements related to geofencing technology that is commercially available.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.632 Approval of internet gaming platform and games.
|
||
Rule 632. (1) Except as otherwise determined by the board in writing, an internet
|
||
gaming platform provider or internet gaming supplier must not distribute an internet
|
||
gaming platform or internet game to an internet gaming operator unless the item has been
|
||
approved by the board.
|
||
(2) An internet gaming platform provider may seek approval of its internet gaming
|
||
platform by submitting an application to the board in the manner and form prescribed
|
||
by the board.
|
||
(3) If an internet gaming operator does not utilize an internet gaming platform provider
|
||
and, instead, develops its own internet gaming platform or internet game, the internet
|
||
gaming operator will be considered both an internet gaming operator and an internet
|
||
gaming platform provider for the purposes of this part.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.632a Internet gaming platform and internet game submission and approval
|
||
process.
|
||
Rule 632a. (1) Each internet gaming platform provider must submit its internet gaming
|
||
platform proposed for use by an internet gaming operator to the board or to an
|
||
independent lab approved by the board for evaluation. The internet gaming platform
|
||
provider must provide all information the board requests including, but not limited to, all
|
||
of the following:
|
||
(a) A complete, comprehensive, and technically accurate description and explanation
|
||
of the internet gaming platform and its intended use in both technical and lay
|
||
language. The document must be signed under penalty of perjury.
|
||
(b) Detailed operating procedures or service manuals, or both, of the internet gaming
|
||
platform.
|
||
(c) A summary description of internet game play, system features, and fault
|
||
conditions.
|
||
(d) Details of all tests performed on the internet gaming platform, the conditions and
|
||
standards under which the tests were performed, the test results, and the identity
|
||
of the individual who conducted each test.
|
||
(e) A description of all hardware devices.
|
||
(f) A description of all software including software version.
|
||
(g) A description of all wagering communications.
|
||
(h) A description of all third-party integrated systems.
|
||
(i) Any equipment that is required to perform testing.
|
||
(j) A detailed description of the risk management framework including, but not
|
||
limited to:
|
||
(i) User access controls for all internet gaming personnel.
|
||
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||
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|
||
(ii) Information regarding segregation of duties.
|
||
(iii) Information regarding automated risk management procedures.
|
||
(iv) Information regarding fraud detection.
|
||
(v) Controls for ensuring regulatory compliance.
|
||
(vi) Description of anti-money laundering compliance standards.
|
||
(2) An internet gaming platform provider or internet gaming supplier must submit all
|
||
internet games, including, but not limited to, slot machine, table, live games,
|
||
progressives, and peer-to-peer games proposed for use by any internet gaming
|
||
operator to the board or to an independent lab approved by the board for evaluation.
|
||
(3) The internet gaming platform provider or internet gaming supplier must provide all
|
||
information the board requests, including, but not limited to, all the following:
|
||
(a) A complete, comprehensive, and technically accurate description and explanation
|
||
of the internet game and its intended use in both technical and lay language. The
|
||
document must be signed under penalty of perjury.
|
||
(b) Detailed operating procedures.
|
||
(c) A description of internet game play, system features, and fault conditions.
|
||
(d) A description of all software including software version.
|
||
(e) Complete paytable information including paytable identification and date code.
|
||
(f) Detailed information on the RNG.
|
||
(g) Return to player (RTP) calculation sheet.
|
||
(h) Rake percentage.
|
||
(i) Rules of the game.
|
||
(4) All internet game software used to conduct internet gaming must be designed with a
|
||
method to permit the validation of software using a gaming authentication tool or
|
||
other method approved by the board.
|
||
(5) A submission for board approval of progressive software to be used on an internet
|
||
gaming platform must also include all of the following at a minimum:
|
||
(a) Software controlling the internet jackpot.
|
||
(b) A mechanism to authenticate the software.
|
||
(c) Rules that will be displayed to the individual or authorized participant that apply
|
||
to the progressive jackpot.
|
||
(d) The internet games that are common to a single progressive.
|
||
(e) The odds of hitting the progressive amount.
|
||
(f) The reset value of the progressive.
|
||
(g) The rate of progression for the progressive amount.
|
||
(h) How the rate of progression is split between the various progressive components.
|
||
(i) Other information considered necessary and requested in writing by the board to
|
||
ensure compliance with the act and this part.
|
||
(6) All the following provisions apply to calculation sheets:
|
||
(a) For each internet game program submitted, the internet gaming platform provider
|
||
or internet gaming supplier requesting approval must supply calculation sheets
|
||
that determine the RTP percentage, including base game, bonus games or
|
||
features, free games, double-up options, progressives, and any other game
|
||
features included in the RTP calculation.
|
||
(b) Where different player options such as number of credits, lines bet, or player
|
||
strategy cause the pay table to vary, a separate calculation for each option is
|
||
Page 31
|
||
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|
||
required.
|
||
(7) The internet gaming platform provider or internet gaming supplier must submit all
|
||
internet game source code and any special tool, computer equipment, compiling
|
||
program, or other technical assistance necessary to compile the submitted software.
|
||
The result of the compiled source code must be identical to that in the storage
|
||
medium submitted for evaluation.
|
||
(8) The internet gaming platform provider or internet gaming supplier must provide the
|
||
board with a method to compensate for or resolve any differences between the
|
||
compiled program and the submitted program. The internet gaming platform
|
||
provider or internet game supplier may employ other equivalent methods that ensure
|
||
the results of the complied source code are identical to the storage medium submitted
|
||
for evaluation upon written request and approval of the board.
|
||
(9) Except where the board has provided written notification that approval is not
|
||
required, an internet gaming operator must install or use an internet gaming platform
|
||
or internet game, or both that has been approved by the board. An internet gaming
|
||
operator must not alter the manner in which the internet gaming platform or internet
|
||
game operates without the prior written approval of the board.
|
||
(10) After evaluating the internet gaming platform or internet game, the board shall
|
||
advise the internet gaming platform provider or internet gaming supplier, in writing,
|
||
of the determination.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.632b Procedures and notification requirements after approval.
|
||
Rule 632b. (1) If another gaming jurisdiction revokes or otherwise directs
|
||
discontinuance of the internet gaming platform, any component of the internet gaming
|
||
platform, an internet game, or an internet game component that has been approved by the
|
||
board, the internet gaming operator, internet gaming platform provider, or internet
|
||
gaming supplier must advise the board in writing of the discontinuance within 21 days of
|
||
the revocation or direction of discontinuance.
|
||
(2) An internet gaming operator, internet gaming operator license applicant, internet
|
||
gaming platform provider, or internet gaming supplier must immediately notify the
|
||
board, in writing, of any defects or malfunctions of the internet gaming platform, any
|
||
component of the internet gaming platform, an internet game, or an internet game
|
||
component that adversely affects the integrity or conduct of internet wagering or
|
||
proper reporting of adjusted gross receipts, or that materially affects the operation or
|
||
safety of, or wagering on, any internet gaming platform, any component of the
|
||
internet gaming platform, any internet game, or any component of an internet game
|
||
that has been approved by the board and is utilized by the internet gaming operator or
|
||
internet gaming operator license applicant.
|
||
(3) An internet gaming operator, internet gaming platform provider, or internet gaming
|
||
supplier must maintain all records required under this rule for a minimum of 5 years.
|
||
(4) The board may require an internet gaming operator to discontinue use of the internet
|
||
gaming platform, any component of the internet gaming platform, an internet game,
|
||
or any component of an internet game for any of the following reasons:
|
||
(a) The internet gaming platform, platform component, internet game, or internet
|
||
Page 32
|
||
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|
||
game component does not perform in the manner described in the application and
|
||
related submission documentation.
|
||
(b) The internet gaming platform, platform component, internet game, or internet
|
||
game component is defective or malfunctions frequently.
|
||
(c) The internet gaming platform, platform component, internet game, or internet
|
||
game component has a detrimental impact on the conduct or integrity of internet
|
||
gaming.
|
||
(d) The internet gaming platform, platform component, internet game, or internet
|
||
game component improperly computes adjusted gross receipts.
|
||
(5) The board shall provide written notification to the internet gaming operator, internet
|
||
gaming platform provider, and the internet gaming supplier if the internet gaming
|
||
platform, platform component, internet game, or internet game component is no
|
||
longer approved for use.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.633 Internet gaming platform and internet games technical standards.
|
||
Rule 633. (1) An internet gaming platform or internet game, or both, for use to
|
||
conduct internet gaming must meet the specifications set forth in these rules or other
|
||
technical specifications as prescribed by the board. Failure to comply with the approved
|
||
specifications, internal controls, or technical specifications may result in disciplinary
|
||
action by the board.
|
||
(2) Internet gaming operators, internet gaming platform providers, and internet gaming
|
||
suppliers must comply with, and the board adopts and incorporates by reference,
|
||
Gaming Laboratories International, LLC Standard GLI-19: Standards for Interactive
|
||
Gaming Systems, version 3.0, released July 17, 2020, which is available for
|
||
inspection and distribution at no cost, as of the time of adoption of these rules, at the
|
||
board’s office located at 3062 W. Grand Blvd., Suite L-700, Detroit, Michigan
|
||
48202-6062 or Gaming Laboratories International website at https://gaminglabs.com
|
||
and does not include any later amendments or editions. GLI-19 standards are
|
||
intended to supplement rather than supplant other technical standards and
|
||
requirements under these rules. Where GLI-19 standards conflict with other
|
||
requirements provided under these rules, these rules shall control unless otherwise
|
||
determined by the board.
|
||
(3) Before conducting internet gaming, and as otherwise required by the board, an internet
|
||
gaming platform provider must submit the internet gaming platform used in
|
||
conjunction with the internet gaming operation to the board or an independent testing
|
||
laboratory approved by the board for certification testing.
|
||
(4) If the internet gaming platform meets or exceeds the technical standards adopted in
|
||
subrule (2) of this rule, the board or independent testing laboratory approved by the
|
||
board shall certify the internet gaming platform. Internet gaming operators and internet
|
||
gaming platform providers are prohibited from offering internet gaming in Michigan
|
||
without such certification. The internet gaming platform provider is responsible for all
|
||
costs associated with testing and obtaining such certifications.
|
||
(5) All internet games for proposed use must meet or exceed the technical standards
|
||
adopted in subrule (2) of this rule. Internet gaming operators, internet gaming
|
||
Page 33
|
||
Courtesy of Michigan Administrative Rules
|
||
platform providers, and internet gaming suppliers are prohibited from offering any
|
||
internet game without written approval by the board. An internet gaming platform
|
||
provider and internet gaming supplier is responsible for all costs associated with
|
||
testing and obtaining such approvals.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.633a Additional internet gaming software and platform technical
|
||
standards.
|
||
Rule 633a. (1) Software utilized for internet gaming must either:
|
||
(a) Continuously display the current time in the time zone where the game server is
|
||
physically located and the time elapsed that an authorized participant has been in
|
||
the current internet gaming authorized participant session, or
|
||
(b) Cause a pop-up notification, at least every half-hour, to be prominently displayed
|
||
on the remote player device advising the authorized participant of the current time
|
||
and the amount of time elapsed since his or her log on.
|
||
(2) An internet gaming platform must not induce an authorized participant to continue
|
||
placing internet wagers when play is in session, when the authorized participant
|
||
attempts to end an internet gaming authorized participant session, or when the
|
||
authorized participant wins or loses an internet wager.
|
||
(3) No auto play feature will be permitted in internet game software unless authorized by
|
||
the board.
|
||
(4) All internet games must operate in accordance with the game rules and internet
|
||
wagering account terms and conditions approved by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.633b Additional standards for approval of internet games.
|
||
Rule 633b. (1) Each house-banked internet game that requires an internet wager must
|
||
have an RTP equal to or greater than 80% but not more than 100% unless otherwise
|
||
authorized by the board. The RTP must be calculated using both the highest and lowest
|
||
level of skill, where player skill impacts the RTP.
|
||
(2) An house-banked internet game must comply with all odds-related requirements
|
||
prescribed in the technical standards adopted in R 432.633(2), including those prescribed
|
||
in section 4.7.3 of the referenced technical standards, except that the odds of achieving
|
||
the highest advertised award that is based solely upon chance must occur at least once in
|
||
every 50 million games
|
||
(3) The RTP of a house-banked internet game must not decrease by more than 1/100
|
||
of a percentage point with an increased internet wager unless the aggregate total of the
|
||
decreases in RTP for plays offered by the house-banked internet game is no more than
|
||
1/2 of 1 percent.
|
||
(4) The projected contribution from a progressive award may not count toward the
|
||
RTP of a house-banked internet game in order to achieve the minimum RTP as approved
|
||
by the board.
|
||
|
||
Page 34
|
||
Courtesy of Michigan Administrative Rules
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.634 Location of servers, security, and cloud storage.
|
||
Rule 634. (1) Unless otherwise approved by the board in writing, an internet
|
||
gaming operator and its internet gaming platform provider must place a server or other
|
||
equipment that is capable of receiving internet wagers in this state. The location selected
|
||
must have adequate security, protections, and controls over the servers or other
|
||
equipment that is capable of receiving internet wagers, including those adopted in R
|
||
432.633(2). The internet gaming operator and its internet gaming platform provider must
|
||
provide the board with information on the location of all servers and other equipment.
|
||
(2) The board may approve of the use of cloud storage for duplicate data upon written
|
||
request of an internet gaming operator or internet gaming platform provider.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.635 Communication standards.
|
||
Rule 635. (1) All internet gaming platforms authorized by the board under these
|
||
rules must be designed to ensure the integrity and confidentiality of all individual and
|
||
authorized participant communications and ensure the proper identification of the sender
|
||
and receiver of all communications.
|
||
(2) If communications are performed across a public or third-party network, the internet
|
||
gaming platform must either encrypt the data packets or utilize a secure
|
||
communications protocol to ensure the integrity and confidentiality of the
|
||
transmission.
|
||
(3) Internet gaming platform providers must meet or exceed all communication standards
|
||
prescribed by the board.
|
||
(4) Internet gaming platform providers or internet gaming operators, or both must address
|
||
all communication requirements in the internet gaming platform and internal controls
|
||
submitted to the board for approval.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.636 Internet gaming data logging standards.
|
||
Rule 636. (1) Internet gaming platforms must employ a mechanism capable of
|
||
maintaining a separate copy of all information the board requires to be logged. Except as
|
||
otherwise provided in subrule (2) of this rule, the information must be maintained on a
|
||
separate and independent logging device capable of being administered by an employee
|
||
with no incompatible function.
|
||
(2) If the internet gaming platform can be configured such that any logged data is
|
||
contained in a secure transaction file, a separate logging device is not required.
|
||
(3) Internet gaming platform providers must meet or exceed all internet gaming data
|
||
logging standards prescribed by the board. Internet gaming platform providers or internet
|
||
gaming operators, or both must address all internet gaming data logging requirements in
|
||
the internet gaming platform and internal controls submitted to the board for approval.
|
||
Page 35
|
||
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|
||
(4) The internet gaming platform must provide a mechanism for the board to query and
|
||
export, in a format required by the board, all internet gaming platform data related to
|
||
internet gaming conducted under the act.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.637 Self-monitoring of internet gaming platform critical components.
|
||
Rule 637. An internet gaming platform must, at least once every 24 hours, perform
|
||
a self-authentication process on all software used to offer, record, and process internet
|
||
wagers conducted under this act that is identified by the board as a critical component to
|
||
ensure there have been no unauthorized modifications. If there is an authentication
|
||
failure, the internet gaming platform must immediately notify the internet gaming
|
||
operator, internet gaming platform provider, and the board within 24 hours. The results of
|
||
all self-authentication attempts must be retained by the internet gaming platform for not
|
||
less than 90 days.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.637a Change approval.
|
||
R. 637a. (1) Any change or modification to the internet gaming platform that
|
||
impacts a regulated feature of an approved internet gaming platform, unless otherwise
|
||
permitted by the board, requires submission to and approval by the board before the
|
||
implementation of the change or modification. Regulated feature includes, but is not
|
||
limited to, internet gaming platform and internet game software that is validated using a
|
||
gaming authentication tool or other method approved by the board and all critical
|
||
component software.
|
||
(2) The internet gaming operator and its internet gaming platform provider must submit
|
||
change control processes that detail evaluation procedures for all updates and changes to
|
||
equipment and the internet gaming platform to the board for approval. These processes
|
||
must include details for identifying the criticality of updates and determining the updates
|
||
that must be submitted to the board or a board approved independent testing laboratory
|
||
for review and certification.
|
||
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.638 Internet gaming platform assessment.
|
||
Rule 638. (1) Each internet gaming operator or internet gaming platform provider
|
||
shall, within 90 days after commencing operations, and annually thereafter, perform an
|
||
internet gaming platform integrity and security assessment of the internet gaming
|
||
platform conducted by an independent professional selected by the internet gaming
|
||
operator or internet gaming platform provider and subject to approval of the board. The
|
||
scope of the internet gaming platform integrity and security assessment is subject to
|
||
approval of the board and must include, at a minimum, all of the following:
|
||
(a) A vulnerability assessment of internal, external, and wireless networks with the
|
||
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||
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|
||
intent of identifying vulnerabilities of all devices, the internet gaming platform,
|
||
and applications connected to or present on the networks.
|
||
(b) A penetration test of all internal, external, and wireless networks to confirm if
|
||
identified vulnerabilities of all devices, the internet gaming platform, and
|
||
applications are susceptible to compromise.
|
||
(c) A policy and procedures review against the current ISO 27001 standard or another
|
||
similar standard approved by the board.
|
||
(d) Any other specific criteria or standards for the internet gaming platform integrity
|
||
and security assessment as prescribed by the board.
|
||
(2) The full independent professional's report on the assessment must be submitted to the
|
||
board and must include all the following:
|
||
(a) Scope of review.
|
||
(b) Name and company affiliation of the individual or individuals who conducted the
|
||
assessment.
|
||
(c) Date of assessment.
|
||
(d) Findings.
|
||
(e) Recommended corrective action, if applicable.
|
||
(f) Internet gaming operator’s or internet gaming platform provider’s response to the
|
||
findings and recommended corrective action.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.639 Internet gaming operators and internet gaming platform provider
|
||
technical and security standards (controls).
|
||
Rule 639. (1) An internet gaming operator or its internet gaming platform provider, or
|
||
both must adopt, implement, and maintain technical security standards (controls) that
|
||
meet or exceed those adopted in R 432.633(2). The technical security standards must
|
||
apply, at a minimum, to all the following critical components of the internet gaming
|
||
platform:
|
||
(a) Components that record, store, process, share, transmit, or retrieve sensitive
|
||
information (e.g., validation numbers, personal identification numbers (PIN), and
|
||
individual and authorized participant data).
|
||
(b) Components that generate, transmit, or process random numbers used to
|
||
determine the outcome of games or virtual events.
|
||
(c) Components that store results or the current state of an authorized participant’s
|
||
internet wager.
|
||
(d) Points of entry to and exit from the components provided for in subdivisions (a) to
|
||
(c) of this subrule and other systems that are able to communicate directly with
|
||
core critical internet gaming platform components.
|
||
(e) Communication networks that transmit sensitive information involving internet
|
||
gaming under the act.
|
||
(2) The following technical security standards are the minimum standards an
|
||
internet gaming operator or internet gaming platform provider must incorporate into its
|
||
internal controls:
|
||
(a) Technical security standards addressing internet gaming platform operations and
|
||
security include, but are not limited to all of the following:
|
||
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|
||
(i) Internet Gaming Platform Operations and Security. The internet gaming
|
||
operator or internet gaming platform provider must adopt, implement, and
|
||
maintain procedures for, at a minimum, the following:
|
||
(A)Monitoring the critical components and the transmission of data of the
|
||
entire internet gaming platform.
|
||
(B) Maintenance of all aspects of security of the internet gaming platform to
|
||
ensure secure and reliable communications.
|
||
(C) Defining, monitoring, documenting, reporting, investigating, responding
|
||
to, and resolving security incidents.
|
||
(D)Monitoring and adjusting resource consumption and maintaining a log of
|
||
the internet gaming platform performance.
|
||
(E) Investigating, documenting, and resolving malfunctions.
|
||
(ii) Physical Location of Servers and Security. The internet gaming platform
|
||
must be housed in secure locations. Internet gaming operators and their
|
||
internet gaming platform providers must provide the board with information
|
||
on the location of all internet gaming platform servers. The secure locations
|
||
must have sufficient protection from unauthorized access and physical and
|
||
environmental hazards and be equipped with surveillance and security
|
||
systems that meet or exceed industry standards.
|
||
(iii)Internet Gaming Platform Logical Access Controls. The internet gaming
|
||
platform must be logically secured against unauthorized access.
|
||
(iv)Internet Gaming Platform User Authorization. The internet gaming platform
|
||
must be subject to user authorization requirements as required by the board.
|
||
(v) Server Programming. The internet gaming platform must be sufficiently
|
||
secure to prevent any user-initiated programming capabilities on the server
|
||
that may result in unauthorized modifications to the database.
|
||
(vi)Verification Procedures. Procedures must be in place for verifying on demand
|
||
that the critical control program components of the internet gaming platform
|
||
in the production environment are identical to those approved by the board.
|
||
(vii) Electronic Document Retention System. The internet gaming operator or
|
||
internet gaming platform provider must establish procedures that ensure that
|
||
all reports required under the act and these rules are stored in an electronic
|
||
document retention system.
|
||
(viii) Asset Management. All assets that house, process, or communicate
|
||
sensitive information, including those comprising the operating environment
|
||
of the internet gaming platform or its components, or both, must be accounted
|
||
for and have a nominated owner or designated management official that is
|
||
responsible for each asset.
|
||
(b) The technical security standards addressing data security and backup recovery
|
||
include, but are not limited to, all of the following:
|
||
(i) Data Security. The internet gaming platform must provide a logical means for
|
||
securing individual and authorized participant data and wagering data,
|
||
including accounting, reporting, significant event, or other sensitive
|
||
information, against alteration, tampering, or unauthorized access.
|
||
(ii) Data Alteration. The alteration of any accounting, reporting, or significant
|
||
event data relating to internet wagering under the act is not permitted without
|
||
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||
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|
||
supervised access controls. If any data is changed, all information required by
|
||
the board must be documented or logged.
|
||
(iii)Backup Frequency. Backup scheme implementation relating to information
|
||
involving internet wagering under the act must occur at least once every day
|
||
or as otherwise specified by the board.
|
||
(iv)Storage Medium Backup. Audit logs, internet gaming platform databases, and
|
||
any other pertinent individual and authorized participant data and wagering
|
||
data must be stored using reasonable protection methods. The internet gaming
|
||
platform must be designed to protect the integrity of this data if there is a
|
||
failure. Redundant copies of this data must be kept on the internet gaming
|
||
platform with open support for backups and restoration, so that no single
|
||
failure of any portion of the internet gaming platform would cause the loss or
|
||
corruption of the data.
|
||
(v) Internet Gaming Platform Failure. The internet gaming platform must have
|
||
sufficient redundancy and modularity so that if any single component or part
|
||
of a component fails, the functions of the internet gaming platform and the
|
||
process of auditing those functions can continue with no critical data loss. If 2
|
||
or more components are linked, the process of all internet gaming operations
|
||
between the components must not be adversely affected by restart or recovery
|
||
of either component and upon restart or recovery, the components must
|
||
immediately synchronize the status of all transactions, data, and
|
||
configurations with one another.
|
||
(vi)Accounting and Master Resets. The internet gaming operator or internet
|
||
gaming platform provider must be able to identify and properly handle the
|
||
situation where a master reset has occurred on any component that affects
|
||
internet gaming under the act.
|
||
(vii) Recovery Requirements. If there is a catastrophic failure when the
|
||
internet gaming platform cannot be restarted in any other way, it must be
|
||
possible to restore the internet gaming platform from the last backup point and
|
||
fully recover. The contents of that backup must contain critical information as
|
||
required by the board.
|
||
(viii) Uninterrupted Power Supply (UPS) Support. All internet gaming platform
|
||
components must be provided with adequate primary power. If the server is a
|
||
stand-alone application, it must have a UPS connected and must have
|
||
sufficient capacity to permit a methodical shut-down that retains all individual
|
||
and authorized participant data and wagering data during a power loss. It is
|
||
acceptable that the internet gaming platform may be a component of a
|
||
network that is supported by a network-wide UPS if the server is included as a
|
||
device protected by the UPS. There must be a surge protection system in use
|
||
if not incorporated into the UPS itself.
|
||
(ix)Business Continuity and Disaster Recovery Plan. A business continuity and
|
||
disaster recovery plan must be in place to recover internet gaming operations
|
||
conducted under the act if the internet gaming platform’s production
|
||
environment is rendered inoperable.
|
||
(c) Technical security standards addressing communications include, but are not
|
||
limited to, all of the following:
|
||
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||
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|
||
(i) Connectivity. Only authorized devices are permitted to establish
|
||
communications between any internet gaming platform components.
|
||
(ii) Communication Protocol. Each component of the internet gaming platform
|
||
must function as indicated by a documented secure communication protocol.
|
||
(iii)Communication Over Internet/Public Network. Communications between
|
||
internet gaming platform components must be secure. Individual and
|
||
authorized participant data, sensitive information, internet wagers, results,
|
||
financial information, and individual and authorized participant transaction
|
||
information related to internet gaming conducted under the act must always be
|
||
encrypted and protected from incomplete transmissions, misrouting,
|
||
unauthorized message modification, disclosure, duplication, or replay.
|
||
(iv)Wireless Local Area Network (WLAN) Communications. The use of WLAN
|
||
communications must adhere to applicable requirements specified for wireless
|
||
devices and is subject to approval by the board.
|
||
(v) Network Security Management. Networks must be logically separated to
|
||
ensure that there is no network traffic on a network link that cannot be
|
||
serviced by hosts on that link.
|
||
(vi) Mobile Computing and Communications. Formal policies shall be in place,
|
||
and appropriate security measures shall be adopted to protect against the risk
|
||
of using mobile computing and communication facilities. Telecommuting
|
||
shall not be permitted except under circumstances where the security of the
|
||
endpoint can be guaranteed.
|
||
(d) Technical security standards addressing third party service providers include, but
|
||
are not limited to, all of the following:
|
||
(i) Third-Party Service Communications. Where communications related to
|
||
internet gaming conducted under the act are implemented with third-party
|
||
service providers, the internet gaming platform must securely communicate
|
||
with all third-party service providers utilizing encryption and strong
|
||
authentication, ensure that all login events are recorded to an audit file, and
|
||
ensure that all communications do not interfere or degrade normal internet
|
||
gaming platform functions.
|
||
(ii) Third-Party Services. The roles and responsibilities of each third-party
|
||
service provider engaged by the internet gaming operator or internet gaming
|
||
platform provider must be defined and documented in a manner approved by
|
||
the board. The internet gaming operator or internet gaming platform provider
|
||
must have policies and procedures in place for managing third-party service
|
||
providers and monitoring their adherence to relevant security requirements.
|
||
(e) Technical security standards addressing technical controls include, but are not
|
||
limited to, all of the following:
|
||
(i) Domain Name Service (DNS) Requirements. An internet gaming operator or
|
||
internet gaming platform provider must establish requirements that apply to
|
||
servers used to resolve DNS queries used in association with the internet
|
||
gaming platform.
|
||
(ii) Cryptographic Controls. An internet gaming operator or internet gaming
|
||
platform provider must establish and implement a policy for the use of
|
||
cryptographic controls that ensures the protection of information.
|
||
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|
||
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|
||
(iii)Encryption Key Management. The management of encryption keys must
|
||
follow defined processes established by the internet gaming operator or
|
||
internet gaming platform provider and approved by the board.
|
||
(f) The technical security standards addressing remote access and firewalls include,
|
||
but are not limited to, all of the following:
|
||
(i) Remote Access Security. Remote access, if approved by the board, must be
|
||
performed via a secured method, must have the option to be disabled, may
|
||
accept only the remote connections permissible by the firewall application and
|
||
internet gaming platform settings, and must be limited to only the application
|
||
functions necessary for users to perform their job duties.
|
||
(ii) Remote Access and Guest Accounts Procedures. Remote access and guest
|
||
accounts procedures must be established that ensure that remote access is
|
||
strictly controlled.
|
||
(iii)Remote Access Activity Log. The remote access application must maintain
|
||
an activity log that updates automatically and records and maintains all remote
|
||
access information.
|
||
(iv)Firewalls. All communications, including remote access, must pass through at
|
||
least 1 approved application-level firewall. This includes connections to and
|
||
from any non-internet gaming platform hosts used by the internet gaming
|
||
operator or internet gaming platform provider.
|
||
(v) Firewall Audit Logs. The firewall application must maintain an audit log and
|
||
must disable all communications and generate an error if the audit log
|
||
becomes full. The audit log must contain, at a minimum, all the following
|
||
information:
|
||
(A) All changes to configuration of the firewall.
|
||
(B) All successful and unsuccessful connection attempts through the firewall.
|
||
(C) The source and destination IP Addresses, Port Numbers, Protocols, and,
|
||
where possible, MAC Addresses.
|
||
(vi) Firewall Rules Review. The firewall rules must be periodically reviewed by
|
||
the internet gaming operator or internet gaming platform provider to verify the
|
||
operating condition of the firewall and the effectiveness of its security
|
||
configuration and rule sets and must be performed on all the perimeter
|
||
firewalls and the internal firewalls.
|
||
(g) Technical security standards addressing change management include, but are not
|
||
limited to, all of the following:
|
||
(i) Program Change Control Procedures. Program change control procedures
|
||
must ensure that only authorized versions of programs are implemented on the
|
||
production environment.
|
||
(ii) Software Development Life Cycle. The acquisition and development of new
|
||
software must follow defined processes established by the internet gaming
|
||
operator or internet gaming platform provider and subject to review by the
|
||
board.
|
||
(iii) Patches. All patches should be tested, as applicable, in a development and
|
||
test environment configured to match the target production environment
|
||
before being deployed into production. Permitted exceptions and related
|
||
procedures and controls must be fully addressed.
|
||
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|
||
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|
||
(h) Technical security standards addressing periodic security testing include, but are
|
||
not limited to, all of the following:
|
||
(i) Technical Security Testing. Periodic technical security tests on the production
|
||
environment must be performed quarterly or as required by the board to
|
||
guarantee that no vulnerabilities putting at risk the security and operation of
|
||
the internet gaming platform exist.
|
||
(ii) Vulnerability Assessment. The internet gaming operator or the internet
|
||
gaming platform provider must conduct vulnerability assessments. The
|
||
purpose of the vulnerability assessment is to identify vulnerabilities, which
|
||
could be later exploited during penetration testing by making basic queries
|
||
relating to services running on the internet gaming platform concerned.
|
||
(iii)Penetration Testing. The internet gaming operator or the internet gaming
|
||
platform provider must conduct penetration testing. The purpose of the
|
||
penetration testing is to exploit any weaknesses uncovered during the
|
||
vulnerability assessment on any publicly exposed applications or internet
|
||
gaming platform hosting applications processing, transmitting, or storing
|
||
sensitive information.
|
||
(iv)Information Security Management System (ISMS) Audit. An audit of the
|
||
ISMS will be periodically conducted, including all the locations where
|
||
sensitive information is accessed, processed, transmitted, or stored. The ISMS
|
||
will be reviewed against common information security principles in relation to
|
||
confidentiality, integrity, and availability.
|
||
(v) Cloud Service Audit. An internet gaming operator and its internet gaming
|
||
platform provider that utilizes a cloud service provider (CSP), if approved by
|
||
the board, to store, transmit, or process sensitive information must undergo a
|
||
specific audit as required by the board. The CSP must be reviewed against
|
||
common information security principles in relation to the provision and use of
|
||
cloud services, such as ISO/IEC 27017 and ISO/IEC 27018, or equivalent.
|
||
(3) The internet gaming operator or its internet gaming platform provider, or both must
|
||
include the technical security standards (controls) in the internal controls and internet
|
||
gaming platform submitted to the board for approval.
|
||
(4) The technical security standards (controls) must:
|
||
(a) Have a provision requiring review when changes occur to the internet gaming
|
||
platform.
|
||
(b) Be approved by the internet gaming operator’s or internet gaming platform
|
||
provider’s senior management.
|
||
(c) Be communicated to all affected employees and relevant external parties.
|
||
(d) Undergo review at planned intervals.
|
||
(e) Delineate the responsibilities of the internet gaming operator’s staff, the internet
|
||
gaming platform provider’s staff, and the staff of any third parties for the
|
||
operation, service, and maintenance of the internet gaming platform or its
|
||
components, or both.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.639a Test accounts.
|
||
Page 42
|
||
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|
||
Rule 639a. (1) An internet gaming operator or internet gaming platform provider
|
||
may establish test accounts to be used to test the various components and operation of an
|
||
internet gaming platform pursuant to internal controls adopted by the internet gaming
|
||
operator or internet gaming platform provider, which, at a minimum, must address all or
|
||
the following:
|
||
(a)The procedures for issuing funds used for testing, including the identification of
|
||
who may issue the funds and the maximum amount of funds that may be issued.
|
||
(b) The procedures for assigning each test account for use by only 1 individual.
|
||
However, an internet gaming operator may establish a specific scenario or
|
||
instance of a test account that may be shared by multiple users if each user's
|
||
activities are separately logged.
|
||
(c)The maintenance of a record for all test accounts, to include when they are active,
|
||
to whom they are issued, and the employer of the individual to whom they are
|
||
issued.
|
||
(d) The procedures for auditing testing activity by the internet gaming operator or
|
||
internet gaming platform provider to ensure the accountability of funds used for
|
||
testing and proper adjustments to gross receipts.
|
||
(e)The procedures for authorizing and auditing out-of-state test activity.
|
||
(2) Peer-to-peer games may be tested by a user with multiple test accounts if authorized
|
||
participants are not involved in game play.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.639b Live games.
|
||
Rule 639b. (1) An internet gaming operator or its internet gaming platform provider
|
||
must obtain written board approval to conduct live games or other similar type games.
|
||
Unless otherwise approved by the board in writing, the live game environment used to
|
||
conduct live games or similar games must be located in this state in a location approved
|
||
by the board.
|
||
(2) The live game service provider may be an internet gaming operator, internet
|
||
gaming platform provider, or an internet gaming supplier if approved by the
|
||
board . The live game service provider, shall adopt, implement, and maintain all
|
||
technical standards adopted in R 432.633(2) including the live game service
|
||
provider requirements contained in Appendix C.6 of the referenced technical
|
||
standards
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.639c Progressive jackpots.
|
||
Rule 639c. (1) An internet gaming operator or its internet gaming platform provider
|
||
may offer a progressive jackpot that increases uniformly in value as the internet game is
|
||
played based upon an approved rate of progression and is awarded for a specific outcome
|
||
or event.
|
||
(2) The rules governing the award and the value of the progressive award must be readily
|
||
available to individuals and authorized participants.
|
||
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|
||
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|
||
(3) An internet gaming operator or its internet gaming platform provider must obtain
|
||
approval from the board in the form and manner prescribed by the board before
|
||
offering, modifying, or transferring a progressive jackpot on software approved by
|
||
the board under these rules.
|
||
(4) Two or more linked internet games offering the same progressive jackpot may be of
|
||
different denominations or have different minimum internet wagers required to win
|
||
the progressive jackpot, or both, if the probability of winning the progressive jackpot
|
||
is directly proportional to the minimum internet wager required to win that jackpot.
|
||
For example, if on the same link, a nickel game requires 20 credits (a $1.00 wager), a
|
||
quarter game requires 8 credits (a $2.00 wager), and a dollar game requires 3 credits
|
||
(a $3.00 wager) to win the progressive jackpot, the probability of a winning internet
|
||
wager must be 3 times more likely on a linked dollar game than on the linked nickel
|
||
game, and twice as likely on a linked quarter game than on the linked nickel game.
|
||
Similarly, if among 3 linked quarter denomination games, the first required 2 credits
|
||
(a 50 cent wager), the second required 4 credits (a $1.00 wager), and the third
|
||
required 8 credits (a $2.00 wager) to play for the progressive jackpot, on each wager,
|
||
the probability of winning the jackpot would be twice as likely on the second game
|
||
than on the first game, and 4 times more likely on the third game than on the first
|
||
game.
|
||
(5) The internet gaming operator or its internet gaming platform provider, or both must
|
||
ensure that progressive jackpot awards that have a reset amount greater than
|
||
$5,000.00 are reconciled at least once a month in accordance with approved internal
|
||
controls unless otherwise required by the board.
|
||
(6) An internet gaming operator or its internet gaming platform provider, or both must
|
||
maintain a detailed record of the monthly reconciliation. An internet gaming operator
|
||
or its internet gaming platform provider, or both must also reconcile a progressive
|
||
jackpot before a transfer or modification.
|
||
(7) The internet gaming operator or its internet gaming platform provider, or both must
|
||
investigate the reason for any progressive amount variance exceeding $100.00 and
|
||
file an incident report with the board that must include corrective actions proposed or
|
||
taken to resolve the variance.
|
||
(8) An internet gaming operator or its internet gaming platform provider, or both must
|
||
remove or make the progressive game unavailable to individuals and authorized
|
||
participants for all occurrences in which a game malfunctions or if otherwise required
|
||
by the board.
|
||
(9) The internet gaming operator or its internet gaming platform provider, or both that
|
||
chooses to restore a progressive jackpot previously made unavailable pursuant to this
|
||
rule, must restore the entire progressive jackpot amount. The amount restored must
|
||
include the entire jackpot, including the seed amount and all previously collected
|
||
authorized participant contributions.
|
||
(10) An internet gaming operator may remove or transfer a progressive jackpot upon
|
||
obtaining board approval as provided for in this rule and after notification to
|
||
individuals and authorized participants, which notification must be given not less than
|
||
10 days before a transfer or not less than 30 days before a removal.
|
||
(11) If a wide area progressive offered on the internet is removed, it must be restored or
|
||
transferred by the internet gaming platform provider or internet gaming supplier as
|
||
Page 44
|
||
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|
||
applicable. The amount restored or transferred must include the entire jackpot,
|
||
including the seed amount and all previously collected authorized participant
|
||
contributions.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.639d Internet gaming networks.
|
||
Rule 639d. (1) With the approval of the board, 1 or more internet gaming operators
|
||
may participate in an internet gaming network as set forth in a written agreement that has
|
||
been executed by each internet gaming operator. The agreement must include all
|
||
provisions required by the board.
|
||
(2) Each party to an agreement for an internet gaming network must be jointly and
|
||
severally liable for acts, omissions, and violations of the act or these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
PART 4. AUTHORIZED PARTICIPANT INTERNET WAGERS
|
||
R 432.641 Authorized participant complaints.
|
||
Rule 641. (1) An internet gaming operator or internet gaming platform provider
|
||
must include on its internet gaming platform a clear mechanism to advise authorized
|
||
participants of their right to make a complaint against the internet gaming operator, the
|
||
internet gaming platform provider, or another authorized participant (when collusion is
|
||
suspected or when an authorized participant is disruptive or abusive), including
|
||
information explaining how complaints can be filed, how complaints are resolved, and
|
||
how the authorized participant may submit a complaint to the board.
|
||
(2) An internet gaming operator or internet gaming platform provider must attempt to
|
||
resolve all complaints with the authorized participant.
|
||
(3) An internet gaming operator or internet gaming platform provider must investigate
|
||
each complaint and provide a response to the authorized participant within 10
|
||
calendar days after receipt of the complaint.
|
||
(4) In its response, the internet gaming operator or internet gaming platform provider
|
||
must advise the authorized participant of his or her right to submit the complaint to
|
||
the board in the form and manner prescribed by the board.
|
||
(5) The complaint and the internet gaming operator’s or internet gaming platform
|
||
provider’s response must be made in writing.
|
||
(6) Unless otherwise directed by the board, for complaints related to internet wagering
|
||
accounts, game outcomes, or illegal activity related to internet gaming that cannot be
|
||
resolved to the satisfaction of the authorized participant, the internet gaming operator
|
||
or internet gaming platform provider must promptly notify the board of the complaint
|
||
and the internet gaming operator’s or internet gaming platform provider’s response.
|
||
(7) On receipt of a complaint from an authorized participant or notification of an
|
||
unresolved complaint from an internet gaming operator or internet gaming platform
|
||
provider, the board may conduct any investigation the board considers necessary and
|
||
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|
||
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|
||
may direct an internet gaming operator or internet gaming platform provider to take
|
||
any corrective action the board considers appropriate.
|
||
(8) An internet gaming operator or internet gaming platform provider must maintain
|
||
records related to authorized participant complaints for a minimum of 5 years and
|
||
must provide the records to the board on request.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.642 Bank secrecy act compliance.
|
||
Rule 642. (1) An internet gaming operator or internet gaming platform provider
|
||
must comply with all provisions of the bank secrecy act of 1970, 31 USC 5311 to 5332,
|
||
applicable to the internet gaming operator’s or internet gaming platform provider’s
|
||
internet gaming operation.
|
||
(2) An internet gaming operator or internet gaming platform provider must, with regard
|
||
to its internet gaming operation, maintain records related to its compliance with the
|
||
bank secrecy act of 1970, 31 USC 5311 to 5332, including all currency transaction
|
||
reports, suspicious activity reports, and any supporting documentation, for a
|
||
minimum of 5 years. The internet gaming operator or internet gaming platform
|
||
provider must provide the records to the board and any appropriate law enforcement
|
||
agencies on request consistent with the authorization prescribed in the bank secrecy
|
||
act of 1970, 31 USC 5311 to 5332, and applicable regulations.
|
||
(3) An internet gaming operator or internet gaming platform provider must provide a
|
||
written notice to the board as soon as the internet gaming operator or internet gaming
|
||
platform provider becomes aware of a compliance review that is conducted by the
|
||
Internal Revenue Service under the bank secrecy act of 1970, 31 USC 5311 to 5332,
|
||
and involves or impacts the internet gaming operator’s or internet gaming platform
|
||
provider’s internet gaming operation. The internet gaming operator or internet
|
||
gaming platform provider must provide a copy of the compliance review report or the
|
||
equivalent to the board within 10 days after the receipt of the report by the internet
|
||
gaming operator or internet gaming platform provider.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.643 Integrity monitoring/suspicious behavior.
|
||
Rule 643. (1) An internet gaming operator or internet gaming platform provider
|
||
must employ personnel responsible for ensuring the operation and integrity of internet
|
||
gaming and reviewing all reports of suspicious behavior. Unless otherwise directed by
|
||
the board, an internet gaming operator or internet gaming platform provider must
|
||
immediately notify the board upon detecting or becoming aware of any of the following:
|
||
(a) Any person participating in internet wagering who is engaging in or attempting to
|
||
engage in, or who is reasonably suspected of, cheating, theft, embezzlement,
|
||
collusion, use of funds derived from illegal activity, money laundering, or any
|
||
other illegal activities, including those activities prohibited in section 13 of the act,
|
||
MCL 432.313.
|
||
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||
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|
||
(b) Any person who is reasonably suspected of misrepresenting their identity or using
|
||
false identification to establish or attempt to establish an internet wagering
|
||
account.
|
||
(c) Suspected criminal activity related to any aspect of internet gaming.
|
||
(d) Any criminal or disciplinary proceedings commenced against the internet gaming
|
||
operator or internet gaming platform provider in connection with its internet
|
||
gaming.
|
||
(e) Any suspicious internet wagering activity or patterns that indicate a concern
|
||
regarding the integrity of an internet game or internet wagering.
|
||
(f) Any other conduct that corrupts the outcome of an internet game or internet wager.
|
||
(g) Any internet wagers that violate any applicable state or federal law.
|
||
(2) An internet gaming platform provider must promptly notify any affected internet
|
||
gaming operators on behalf of which it accepts internet wagers of any issues impacting
|
||
the integrity of internet gaming.
|
||
(3) The board may require an internet gaming operator or internet gaming platform
|
||
provider to provide any hardware or software necessary to the board, or to an
|
||
independent lab approved by the board, for evaluation of its internet gaming offering or
|
||
to conduct further monitoring of data provided by its internet gaming platform.
|
||
(4) An internet gaming operator or internet gaming platform provider must maintain
|
||
records demonstrating its compliance with this rule, including all reports of suspicious
|
||
behavior and any supporting documentation, for a minimum of 5 years and must provide
|
||
the records to the board on request.
|
||
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.644 Reserve requirement.
|
||
Rule 644. (1) An internet gaming operator or internet gaming platform provider
|
||
must maintain a reserve in the amount necessary to ensure the security of funds held in
|
||
internet wagering accounts. The reserve must be in the form of:
|
||
(a)Cash or cash equivalents maintained in a U.S. bank account segregated from the
|
||
internet gaming operator’s or internet gaming platform provider’s operational
|
||
funds.
|
||
(b) An irrevocable letter of credit.
|
||
(c)A bond.
|
||
(d) Any other form acceptable to the board.
|
||
(e)Any combination of the allowable forms described in subdivisions (a) to (d) of
|
||
this subrule.
|
||
(2) The reserve must be not less than the sum of the following:
|
||
(a)The daily ending cashable balance of all authorized participants’ internet
|
||
wagering accounts.
|
||
(b) Pending withdrawals.
|
||
(c)The sum of all pending internet wagers, funds transferred to an internet game not
|
||
yet wagered, and pending wins.
|
||
(3) Funds held in internet wagering accounts must not be automatically transferred by an
|
||
internet gaming operator or internet gaming platform provider. An internet gaming
|
||
operator or internet gaming platform provider must not require an authorized
|
||
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|
||
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|
||
participant to transfer funds from his or her internet wagering account, in order to
|
||
circumvent this rule.
|
||
(4) Amounts available to authorized participants for play that are not redeemable for
|
||
cash may be excluded from the reserve computation.
|
||
(5) On request, the board may allow an internet gaming operator or internet gaming
|
||
platform provider to combine the reserve for all of its Michigan internet gaming, or
|
||
all of its Michigan internet sports betting conducted under the lawful sports betting
|
||
act, 2019 PA 149, MCL 432.401 to 432.419, or both.
|
||
(6) An internet gaming operator or internet gaming platform provider must have access
|
||
to all internet wagering account and transaction data to ensure the amount of its
|
||
reserve is sufficient. Unless otherwise directed by the board, an internet gaming
|
||
operator or internet gaming platform provider must file a monthly attestation with
|
||
the board, in the form and manner prescribed by the board, that funds have been
|
||
safeguarded under this rule.
|
||
(7) The board may audit an internet gaming operator’s or internet gaming platform
|
||
provider’s reserve at any time and may direct an internet gaming operator or internet
|
||
gaming platform provider to take any action necessary to ensure the purposes of this
|
||
rule are achieved, including but not limited to requiring the internet gaming operator
|
||
or internet gaming platform provider to modify the form of its reserve or increase the
|
||
amount of its reserve.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.645 Voiding of internet wagers.
|
||
Rule 645. An internet gaming operator or internet gaming platform provider may
|
||
not void a completed internet wager without board approval unless a void is necessary to
|
||
resolve an internet gaming platform or internet game error or malfunction.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.647 Negative internet wagering account balance prohibited.
|
||
Rule 647. An internet gaming platform must employ a mechanism that can detect
|
||
and prevent any internet wagering or withdrawal activity initiated by an authorized
|
||
participant that would result in a negative balance of the internet wagering account.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.648 Minimum and maximum internet wager.
|
||
Rule 648. Unless otherwise prescribed by the board, there must be no limitation as
|
||
to the minimum or maximum internet wager an internet gaming operator or internet
|
||
gaming platform provider may accept. This rule does not preclude an internet gaming
|
||
operator or internet gaming platform provider from establishing its own minimum or
|
||
maximum internet wagers or limiting an authorized participant’s internet wager for
|
||
Page 48
|
||
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|
||
reasons considered necessary or appropriate by the internet gaming operator or internet
|
||
gaming platform provider.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.649 Tournaments/contests and bonus and promotional wagering.
|
||
Rule 649. (1) An internet gaming operator or internet gaming platform provider
|
||
may conduct an internet gaming tournament or contest on an authorized game subject to
|
||
all of the following:
|
||
(a) No internet gaming tournament or contest will be conducted unless the internet
|
||
gaming operator or internet gaming platform provider, before the first time a
|
||
tournament or contest type is offered, files written notice with the board of its
|
||
intent to offer that tournament or contest type. The internet gaming operator or
|
||
internet gaming platform provider may file a master tournament list with the
|
||
board to satisfy this requirement.
|
||
(b) Each internet gaming operator or internet gaming platform provider must
|
||
maintain a record of each tournament or contest type it offers, which must
|
||
address, at a minimum, all of the following:
|
||
(i) Internet game type (for example, hold 'em poker).
|
||
(ii) Rules concerning tournament or contest play and participation.
|
||
(iii)Entry fee amount or amounts per participant.
|
||
(iv)Funding source amount or amounts comprising the prize pool (for example,
|
||
buy-ins, re-buys, or add-ons).
|
||
(v) Prize structure on payout.
|
||
(vi)Methodology for determining winner or winners.
|
||
(2) An internet gaming operator or internet gaming platform provider may conduct
|
||
internet gaming bonus and promotional wagering offers subject to all of the
|
||
following:
|
||
(a) An internet gaming operator or internet gaming platform provider must
|
||
maintain a record of all bonus and promotional wagering offers related to
|
||
internet gaming in an electronic file that is readily available to the board.
|
||
(b) All bonus and promotional wagering offers must be stated in clear and
|
||
unambiguous terms and must be accessible by the authorized participant
|
||
after the offer is accepted and before completion.
|
||
(c) Offer terms and the record of all offers must include all of the following at
|
||
a minimum:
|
||
(i) The date and time the offer is active and expires.
|
||
(ii) Authorized participant eligibility, including any limitations on
|
||
participation.
|
||
(iii)Any restriction on withdrawals of funds.
|
||
(iv) Wagering requirements and limitations by type of internet game.
|
||
(v) The order in which funds are used for internet wagers.
|
||
(vi) Eligible internet games.
|
||
(vii) Rules regarding cancellation.
|
||
(3) An internet gaming platform or internet gaming platform provider must provide a
|
||
clear and conspicuous method for an authorized participant to cancel his or her
|
||
Page 49
|
||
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|
||
participation in a bonus or promotional wagering offer that utilizes restricted gaming
|
||
credits that cannot be cashed out until a wagering requirement or other restrictions
|
||
associated with the credits is met. If an authorized participant elects to proceed with
|
||
cancellation, unrestricted funds remaining in an internet wagering account must be
|
||
returned according to the terms and conditions.
|
||
(4) Once an authorized participant has met the terms of a bonus or promotional
|
||
wagering offer, an internet gaming operator or internet gaming platform provider must
|
||
not limit winnings earned while participating in the offer.
|
||
(5) Internet gaming operators or internet gaming platform providers may utilize
|
||
celebrity authorized participants or other authorized participants to participate in peer-topeer games for advertising or publicity purposes. Such authorized participants may have
|
||
their internet wagering account funded in whole or in part by an internet gaming operator
|
||
or internet gaming platform provider.
|
||
(6) An internet gaming operator or internet gaming platform provider may pay a fee
|
||
to the celebrity authorized participant. If a celebrity authorized participant is utilized and
|
||
the celebrity authorized participant generates winnings that the internet gaming operator
|
||
or internet gaming platform provider does not permit the celebrity authorized participant
|
||
to retain, the winnings must be included in gross receipts in a manner approved by the
|
||
board.
|
||
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
PART 5. INTERNET WAGERING ACCOUNTS
|
||
R 432.651 Single wagering account in use for internet wagering.
|
||
Rule 651. (1) An internet gaming operator or internet gaming platform provider shall
|
||
limit each authorized participant to one internet wagering account and username. Each
|
||
internet wagering account must be all of the following:
|
||
(a) Non-transferable.
|
||
(b) Unique to the authorized participant who establishes the internet wagering account.
|
||
(c) Distinct from any other account number that the authorized participant may have
|
||
established with the internet gaming operator or internet gaming platform provider
|
||
except as set forth in subrule (2).
|
||
(2) An internet wagering account must be separate and distinct from an internet sports
|
||
betting account established under the lawful sports betting act, 2019 PA 149, MCL
|
||
432.401 to MCL 432.419. Notwithstanding the foregoing, an internet wagering account
|
||
may be integrated with an internet sports betting account, subject to all of the following
|
||
conditions:
|
||
(a) Internet gaming transactions must be identified, recorded, accounted for, and
|
||
reported separately and distinctly from internet sports betting transactions
|
||
conducted under the lawful sports betting act, 2019 PA 149, MCL 432.401 to
|
||
MCL 432.419.
|
||
(b) An internet gaming operator or internet gaming platform provider must
|
||
comply with all applicable provisions of the act and these rules and any other
|
||
conditions considered appropriate by the board.
|
||
Page 50
|
||
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|
||
(3) An internet gaming operator or internet gaming platform provider must implement
|
||
internal controls and publish procedures to terminate all accounts of any individual who
|
||
establishes or seeks to establish multiple active internet wagering accounts, whether
|
||
directly or by use of another individual as a proxy.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.651a Age and identity verification.
|
||
Rule 651a. (1) An internet gaming operator or internet gaming platform provider must
|
||
verify an individual’s identity before allowing that individual to create an internet
|
||
wagering account and place an internet wager.
|
||
(2) Only an individual who is 21 years of age or older and not a prohibited person may
|
||
create an internet wagering account, deposit funds, or participate in internet wagering.
|
||
The internet gaming operator or internet gaming platform provider must deny the ability
|
||
to create an internet wagering account, deposit funds, or participate in internet wagering
|
||
to any individual who is under 21 years of age or is a prohibited person. This subrule
|
||
shall not be construed to prevent an individual from creating an internet gaming account
|
||
and depositing funds to such an account even if they are prohibited from placing certain
|
||
wagers.
|
||
(3) An internet gaming operator or internet gaming platform provider must use
|
||
commercially available and demonstrable standards to confirm that an individual
|
||
attempting to create an internet wagering account is not a prohibited person.
|
||
(4) Third-party service providers may be used for age and identity verification of
|
||
individuals attempting to create internet wagering accounts.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.651b Data security of age and identity verification information.
|
||
Rule 651b. Details of the age and identity verification process must be kept by the
|
||
internet gaming operator or internet gaming platform provider in a secure manner
|
||
approved by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.651c Handling of internet wagering accounts found to be used in fraudulent
|
||
manner.
|
||
Rule 651c. An internet gaming operator or internet gaming platform provider must have
|
||
a documented system of internal controls for the handling of authorized participants or
|
||
other individuals discovered to be using internet wagering accounts in a fraudulent
|
||
manner, including, but not limited to the following:
|
||
(a) The maintenance of information about any authorized participant’s activity or other
|
||
individual’s activity, such that if fraudulent activity is detected, the internet gaming
|
||
operator or internet gaming platform provider and the board have all of the necessary
|
||
information to take appropriate action.
|
||
Page 51
|
||
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|
||
(b) The suspension of any internet wagering account discovered to be providing
|
||
fraudulent access to prohibited persons.
|
||
(c) The treatment of deposits, internet wagers, and wins associated with a prohibited
|
||
person’s fraudulent use of an account and the confiscation of any winnings and things of
|
||
value of a prohibited person in accordance with part 7 of these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.652 Terms and conditions for internet wagering accounts.
|
||
Rule 652. (1) All terms and conditions for internet wagering accounts must be included
|
||
in the internal controls of the internet gaming operator or internet gaming platform
|
||
provider and address all aspects of the internet wagering, including, but not limited to all
|
||
of the following:
|
||
(a) Name of the party or parties with whom the individual is entering into a
|
||
contractual relationship, including any licensee.
|
||
(b) Individual's consent to have the internet gaming operator or internet gaming
|
||
platform provider confirm the individual's age and identity.
|
||
(c) Rules and obligations applicable to the authorized participant including, but not
|
||
limited to, all of the following:
|
||
(i) Prohibition from allowing any other individual to access or use his or her
|
||
internet wagering account.
|
||
(ii) Prohibition from engaging in internet wagering activity unless physically
|
||
present in Michigan or another jurisdiction authorized under a
|
||
multijurisdictional internet gaming agreement entered into in accordance
|
||
with the act.
|
||
(iii)Prohibition from placing an internet wager while physically present in
|
||
another jurisdiction on an internet game not authorized by the act and a
|
||
multijurisdictional internet gaming agreement.
|
||
(iv)Consent to the monitoring and recording by the internet gaming operator,
|
||
internet gaming platform provider, or the board, or all 3 of any internet
|
||
wagering communications and geographic location information.
|
||
(v) Consent to the jurisdiction of this state to resolve any disputes arising out of
|
||
internet wagering.
|
||
(vi)Prohibition against utilizing automated computerized software or other
|
||
equivalent mechanism, such as a "bot," to engage in play.
|
||
(d) Full explanation of all fees and charges imposed upon an authorized participant
|
||
related to internet wagering transactions.
|
||
(e) Availability of internet wagering account statements detailing the authorized
|
||
participant’s internet wagering account activity.
|
||
(f) Privacy policies, including information access.
|
||
(g) Legal age policy, including a statement that it is a criminal offense to allow an
|
||
individual who is under the age of 21 to participate in internet wagering.
|
||
(h) Full explanation of all rules applicable to dormant internet wagering accounts.
|
||
(i) Authorized participant’s right to set responsible gaming limits and to selfexclude.
|
||
Page 52
|
||
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|
||
(j) Authorized participant’s right to suspend his or her internet wagering account
|
||
for a period of no less than 72 hours.
|
||
(k) Actions that will be taken if an authorized participant becomes disconnected
|
||
from the internet gaming platform during game play.
|
||
(l) Notice that a malfunction voids all pays.
|
||
(m) Estimated time period for withdrawal of funds from an internet wagering
|
||
account.
|
||
(2) If the internet gaming terms and conditions are changed, the internet gaming
|
||
operator or internet gaming platform provider shall require the authorized participant
|
||
to acknowledge acceptance of the change. Unless otherwise authorized by the board,
|
||
the authorized participant’s acknowledgement must be date and time stamped by the
|
||
internet gaming platform.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.653 Authorized participant protections.
|
||
Rule 653. (1) An internet gaming operator or internet gaming platform provider must
|
||
provide an authorized participant protection information page that must be readily
|
||
accessible to each authorized participant. The authorized participant protection page must
|
||
be accessible to an authorized participant throughout an authorized participant session.
|
||
The authorized participant protection page must contain, at a minimum, all of the
|
||
following:
|
||
(a) Method for changing or retrieving a password or other approved access security
|
||
feature and the ability to choose "strong authentication" login protection.
|
||
(b) Method for filing a complaint with the internet gaming operator or internet
|
||
gaming platform provider.
|
||
(c) Method for filing with the board an unresolved complaint after all reasonable
|
||
means to resolve the complaint with the internet gaming operator or internet
|
||
gaming platform provider have been exhausted utilizing forms and in the manner
|
||
prescribed by the board.
|
||
(d) Method for obtaining a copy of the internet wagering terms and conditions agreed
|
||
to when establishing an internet wagering account.
|
||
(e) Method for the authorized participant to obtain his or her internet wagering
|
||
account and game history from the internet gaming operator or internet gaming
|
||
platform provider.
|
||
(f) Notification that underage gambling is a criminal offense and that anyone who
|
||
facilitates an individual under the age of 21 to place an internet wager has
|
||
committed a criminal offense and must be prohibited from internet gaming.
|
||
(g) Notification that the authorized participant is responsible for configuring his or
|
||
her terminal's auto-lock feature to protect the terminal from unauthorized use.
|
||
(h) Notification that an authorized participant is prohibited from allowing any other
|
||
individual to access or use his or her internet wagering account.
|
||
(i) Information about potential risks associated with excessive participation in
|
||
internet wagering, and where to get help related to gaming responsibly.
|
||
Page 53
|
||
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|
||
(j) A list of the available authorized participant protection measures that can be
|
||
invoked by the authorized participant, such as self-imposed limits, and
|
||
information on how to invoke those measures.
|
||
(k) Mechanisms in place for authorized participants to detect unauthorized use of
|
||
their internet wagering account, such as the authorized participant reviewing
|
||
credit card statements against known deposits.
|
||
(l) Other authorized participant protections authorized by the board.
|
||
(2) Authorized participants must be provided with an easy and obvious method to impose
|
||
limitations for internet wagering parameters including, but not limited to, deposits,
|
||
wagers, and time-based limitations. The self-imposed limitation method must provide
|
||
the following functionality:
|
||
(a) Upon receiving any self-imposed limitation order, the internet gaming operator or
|
||
internet gaming platform provider must ensure that all specified limits are
|
||
correctly implemented immediately or at the time that was clearly indicated to
|
||
the authorized participant.
|
||
(b) The self-imposed limitations set by an authorized participant must not override
|
||
more restrictive internet gaming operator or internet gaming platform providerimposed limitations. The more restrictive limitations must take priority.
|
||
(c) Once established by an authorized participant and implemented by the internet
|
||
gaming platform, it must only be possible to reduce the severity of self-imposed
|
||
limitations upon 24 hours’ notice, or as required by the board.
|
||
(d) Self-imposed limitations must not be compromised by internal status events, such
|
||
as self-imposed exclusion.
|
||
(3) The self-imposed limitations must be available to the authorized participant
|
||
immediately after the internet wagering account is created, when placing a deposit
|
||
into his or her internet wagering account, and upon logging into his or her internet
|
||
wagering account.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.654 Responsible gaming.
|
||
Rule 654. Each internet gaming operator’s website or internet gaming platform must
|
||
display a responsible gaming logo in a manner approved by the board to direct an
|
||
authorized participant to the internet gaming operator’s website or internet gaming
|
||
platform responsible gaming page. The responsible gaming page must be accessible to an
|
||
authorized participant during an authorized participant session and must contain, but is
|
||
not limited to, the following:
|
||
(a) A prominent message, that states "If you or someone you know has a gambling
|
||
problem and wants help, call the Michigan Department of Health and Human
|
||
Services Gambling Disorder Help-line at: 800-270-7117”.
|
||
(b) A direct link to the Michigan Gaming Control Board Compulsive/Problem
|
||
Gambling website (https://www.michigan.gov/mgcb/0,4620,7-351-79256-231582-
|
||
-,00.html ) and other organizations based in the United States dedicated to helping
|
||
people with potential gambling problems.
|
||
(c) A clear statement of the internet gaming operator’s or internet gaming platform
|
||
provider’s policy and commitment to responsible gaming.
|
||
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|
||
(d) Other responsible gaming measures required by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.655 Internet wagering account requirements.
|
||
Rule 655. To establish an internet wagering account, an internet gaming operator or
|
||
internet gaming platform provider must do all of the following:
|
||
(a) Create an electronic authorized participant file, which must, at a minimum, include
|
||
the following:
|
||
(i) The authorized participant’s legal name.
|
||
(ii) The authorized participant’s date of birth.
|
||
(iii) The authorized participant’s Social Security number, or the last 4 digits of the
|
||
Social Security number, or an equivalent identification number for a noncitizen
|
||
authorized participant, such as a passport or taxpayer identification number.
|
||
(iv) The authorized participant’s internet wagering account number or username.
|
||
(v) The authorized participant’s residential address. A post office box is not
|
||
acceptable.
|
||
(vi) The authorized participant’s electronic mail address.
|
||
(vii) The authorized participant’s telephone number.
|
||
(viii) Any other information collected from the authorized participant used to verify
|
||
his or her identity.
|
||
(ix) The method used to verify the authorized participant’s identity.
|
||
(x) The date of verification.
|
||
(b) Encrypt all of the following information contained in an electronic authorized
|
||
participant file:
|
||
(i) Any portion of the authorized participant’s Social Security number or equivalent
|
||
identification number for a noncitizen authorized participant, such as a passport or
|
||
taxpayer identification number.
|
||
(ii) The authorized participant’s passwords and PINs.
|
||
(iii) The authorized participant’s personal financial information.
|
||
(c) Verify the authorized participant’s age and identity and record the date of verification
|
||
in accordance with any of the following:
|
||
(i) Reliable forms of personal identification specified in the internet gaming
|
||
operator’s or internet gaming platform provider’s internal controls.
|
||
(ii) Other methodology for remote multi-source authentication, which may include
|
||
third-party and governmental databases, as approved by the board.
|
||
(d) Record the document number of the government issued identification credential
|
||
examined, if applicable. If a government issued identification credential is not required
|
||
for registration, the electronic record that details the process used to confirm the
|
||
authorized participant’s identity must be recorded.
|
||
(e) Require the authorized participant to establish a password or other access security
|
||
feature as approved by the board and advise the authorized participant to utilize strong
|
||
authentication login protection.
|
||
(f) Record the authorized participant’s acceptance of the internet gaming operator’s or
|
||
internet gaming platform provider’s internet wagering terms and conditions to participate
|
||
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||
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|
||
in internet gaming through the internet gaming operator’s or internet gaming platform
|
||
provider’s website.
|
||
(g) Record the authorized participant’s certification that the information provided to the
|
||
internet gaming operator or internet gaming platform provider is accurate.
|
||
(h) Record the authorized participant’s acknowledgment that the legal age for internet
|
||
wagering is 21, and that he or she is prohibited from allowing any other individual to
|
||
access or use his or her internet wagering account.
|
||
(i) Notify the authorized participant of the establishment of the account via electronic
|
||
mail.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.655a Internet wagering account funding.
|
||
Rule 655a. An authorized participant’s internet wagering account may be funded
|
||
through the use of any of the following:
|
||
(a) An authorized participant’s credit or debit card.
|
||
(b) An authorized participant’s deposit of cash or cash equivalent at a cashiering location
|
||
approved by the board.
|
||
(c) An authorized participant’s reloadable prepaid card, which has been verified as being
|
||
issued to the authorized participant and is non-transferable.
|
||
(d) Promotional credit.
|
||
(e) Winnings.
|
||
(f) Adjustments made by the internet gaming operator or internet gaming platform
|
||
provider with documented notification to the authorized participant.
|
||
(g) ACH transfer, provided that the internet gaming operator or internet gaming platform
|
||
provider has security measures and controls to prevent ACH fraud regarding failed
|
||
ACH deposits.
|
||
(h) Wire transfer.
|
||
(i) Any other means approved by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.655b Failed ACH deposits.
|
||
Rule 655b. A failed ACH deposit attempt is not considered fraudulent if the authorized
|
||
participant has successfully deposited funds via an ACH transfer on a previous occasion
|
||
with no outstanding chargebacks. Otherwise, the internet gaming operator or internet
|
||
gaming platform provider shall do all of the following:
|
||
(a) Temporarily block the authorized participant’s internet wagering account for
|
||
investigation of fraud after 5 consecutive failed ACH deposit attempts within a 10-
|
||
minute period. If there is no evidence of fraud, the block may be vacated.
|
||
(b) Suspend the authorized participant’s internet wagering account after 5 additional
|
||
consecutive failed ACH deposit attempts within a 10-minute period.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
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|
||
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|
||
R 432.655c Transfer of funds prohibited.
|
||
Rule 655c. An internet gaming operator or internet gaming platform provider must not
|
||
permit an authorized participant to transfer funds from one authorized participant’s
|
||
internet wagering account to another authorized participant’s internet wagering account
|
||
or any other wagering account belonging to another authorized participant.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.655d Authorized participant account withdrawal.
|
||
Rule 655d. (1) An authorized participant must be allowed to withdraw the funds
|
||
maintained in his or her internet wagering account, whether the account is open or closed,
|
||
except as otherwise provided in these rules, or any other applicable state or federal law.
|
||
(2) An internet gaming operator or internet gaming platform provider must honor the
|
||
authorized participant's request to withdraw funds within 10 business days after the
|
||
request, unless the conditions set forth in subrule (3) of this rule are met.
|
||
(3) The internet gaming operator or internet gaming platform provider may decline to
|
||
honor an authorized participant’s request to withdraw funds only if the internet gaming
|
||
operator or internet gaming platform provider believes in good faith that the authorized
|
||
participant engaged in either fraudulent conduct or other conduct that would put the
|
||
internet gaming operator or internet gaming platform provider in violation of the act and
|
||
these rules. In such cases, the internet gaming operator or internet gaming platform
|
||
provider must do all of the following:
|
||
(a) Provide notice to the authorized participant of the nature of the investigation of the
|
||
internet wagering account.
|
||
(b) Conduct its investigation in a reasonable and expedient fashion, providing the
|
||
authorized participant additional written notice of the status of the investigation
|
||
every tenth business day starting from the day the original notice was provided to
|
||
the authorized participant.
|
||
(4) For purposes of this rule, a request for withdrawal is considered honored if it is
|
||
processed by the internet gaming operator or internet gaming platform provider
|
||
notwithstanding a delay by a payment processor, credit card issuer, or the custodian of a
|
||
financial account.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.655e Internet wagering account review requirements.
|
||
Rule 655e. All adjustments to internet wagering accounts for amounts of $500.00 or
|
||
less must be periodically reviewed by supervisory personnel as set forth in the internet
|
||
gaming operator’s or internet gaming platform provider’s internal controls. All other
|
||
adjustments must be authorized by supervisory personnel before being entered.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
Page 57
|
||
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|
||
R 432.656 Internet wagering account information.
|
||
Rule 656. (1) An internet gaming platform must provide an account statement with
|
||
account details to an authorized participant on demand, which must include detailed
|
||
account activity for at least 6 months. In addition, an internet gaming platform must,
|
||
upon request, be capable of providing a summary statement of all authorized participant
|
||
activity during the past 2 years. Information provided on the summary statement must
|
||
include, but not be limited to, the following:
|
||
(a) Deposits to the internet wagering account.
|
||
(b) Withdrawals from the internet wagering account.
|
||
(c) Win or loss statistics.
|
||
(d) Beginning and ending internet wagering account balances.
|
||
(e) Self-imposed limit history, if applicable.
|
||
(2) An internet gaming operator or internet gaming platform provider must periodically
|
||
re-verify an authorized participant’s identification upon reasonable suspicion that the
|
||
authorized participant’s identification has been compromised.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.657 Internet wagering account closure.
|
||
Rule 657. An internet gaming platform must provide a conspicuous and readily
|
||
accessible method for an authorized participant to close his or her internet wagering
|
||
account through the account management or similar page or through the internet gaming
|
||
platform customer support team. Any balance remaining in an internet wagering account
|
||
closed by an authorized participant shall be refunded pursuant to the internet gaming
|
||
operator’s or internet gaming platform provider’s internal controls.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.658 Internet wagering dormant accounts.
|
||
Rule 658. An internet gaming operator or internet gaming platform provider shall
|
||
consider an internet wagering account to be dormant if the authorized participant has not
|
||
logged into the internet wagering account for at least 3 years. A dormant internet
|
||
wagering account must be closed by the internet gaming operator or internet gaming
|
||
platform provider. Any balance remaining in a dormant internet wagering account must
|
||
be refunded or escheated in accordance with the internet gaming operator’s or internet
|
||
gaming platform provider’s internal controls.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.659 Suspension and restoration of internet wagering accounts.
|
||
Rule 659. (1) An internet gaming platform must employ a mechanism that places an
|
||
internet wagering account in a suspended mode under any of the following conditions:
|
||
(a) When requested by the authorized participant for a specified period of time, which
|
||
must not be less than 72 hours.
|
||
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|
||
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|
||
(b) When required by the board.
|
||
(c) Upon a determination that an authorized participant is a prohibited person.
|
||
(d) When initiated by an internet gaming operator or internet gaming platform
|
||
provider that has evidence that indicates any of the following:
|
||
(i) Illegal activity.
|
||
(ii) A negative internet wagering account balance.
|
||
(iii) A violation of the internet wagering account terms and conditions has taken
|
||
place on an authorized participant’s internet wagering account.
|
||
(2) When an internet wagering account is in a suspended mode, the internet gaming
|
||
platform must do all of the following:
|
||
(a) Prevent the authorized participant from internet wagering.
|
||
(b) Prevent the authorized participant from depositing funds unless the account is
|
||
suspended due to having a negative internet wagering account balance but only to
|
||
the extent the internet wagering account balance is brought back to zero dollars.
|
||
(c) Prevent the authorized participant from withdrawing funds from his or her
|
||
suspended account, unless the suspended mode was initiated by the authorized
|
||
participant.
|
||
(d) Prevent the authorized participant from making changes to his or her internet
|
||
wagering account.
|
||
(e) Prevent the removal of the internet wagering account from the internet gaming
|
||
platform.
|
||
(f) Prominently display to the authorized participant that the internet wagering
|
||
account is in a suspended mode, the restrictions placed on the internet wagering
|
||
account, and any further course of action needed to remove the suspended mode.
|
||
(3) A suspended account may be restored for any of the following reasons:
|
||
(a) Upon expiration of the time period established by the authorized participant.
|
||
(b) If authorized by the board.
|
||
(c) When the authorized participant is no longer a prohibited person.
|
||
(d) When the internet gaming operator or internet gaming platform provider has lifted
|
||
the suspended status.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
PART 6. AUDIT AND INTERNAL CONTROLS
|
||
R 432.661 Internal control standards applicability of part.
|
||
Rule 661. This part applies to internet gaming operators and internet gaming
|
||
platform providers.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.662 Purpose.
|
||
Rule 662. The procedures of the internal control standards are designed to ensure all
|
||
of the following:
|
||
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|
||
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|
||
(a) Assets are safeguarded.
|
||
(b) The financial records of the internet gaming operator and internet gaming
|
||
platform provider are accurate and reliable.
|
||
(c) The transactions of the internet gaming operator and internet gaming platform
|
||
provider are performed only in accordance with the act and these rules.
|
||
(d) The transactions are recorded adequately to permit the proper recording of the
|
||
adjusted gross receipts, fees, and all applicable taxes and payments.
|
||
(e) Accountability of assets is maintained pursuant to generally accepted accounting
|
||
principles.
|
||
(f) Only authorized personnel have access to assets.
|
||
(g) Internet wagering account balances are complete and accurate, and appropriate
|
||
action is taken with respect to discrepancies.
|
||
(h) Internet wagering accounts and personal identifiable information are adequately
|
||
protected.
|
||
(i) The functions, duties, and responsibilities are appropriately segregated and
|
||
performed pursuant to sound practices by competent, qualified personnel and that no
|
||
employee of the internet gaming operator, the internet gaming platform provider, a
|
||
supplier, a registered vendor, or a third-party provider is in a position to perpetuate and
|
||
conceal errors or irregularities in the normal course of the employee’s duties.
|
||
(j) Internet gaming is conducted with integrity and in accordance with the act and
|
||
these rules.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.663 Board approval of internal control standards and requirements.
|
||
Rule 663. (1) Unless otherwise provided for by the board, before beginning internet
|
||
gaming, an internet gaming operator or internet gaming platform provider, or both, must
|
||
submit its administrative and accounting procedures in detail in a written system of
|
||
internal control for board review and written approval. A written system of internal
|
||
controls must include a detailed narrative description of the administrative and
|
||
accounting procedures designed to satisfy the requirements of these rules.
|
||
(2) The written system of internal controls must address the following items, at a
|
||
minimum:
|
||
(a)Procedures for responding to a failure of the internet gaming platform (i.e., game,
|
||
system, communications, or platform malfunction), including procedures for
|
||
restoring internet gaming. The internet gaming operator or internet gaming
|
||
platform provider, or both, must also file with the board an incident report for
|
||
each significant platform failure and document the date, time, and reason for the
|
||
failure along with the date and time the system is restored.
|
||
(b) User access controls for all internet gaming personnel.
|
||
(c)Segregation of duties.
|
||
(d) Automated and manual risk management procedures.
|
||
(e)Procedures for identifying and reporting fraud and suspicious conduct.
|
||
(f)Procedures to prevent wagering by prohibited persons.
|
||
(g) Procedures for internet gaming operator-imposed or internet gaming platform
|
||
provider-imposed exclusion of authorized participants, including the following:
|
||
Page 60
|
||
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|
||
(i) Providing a notification containing operator-imposed or internet gaming
|
||
platform provider-imposed exclusion status and general instructions for
|
||
resolution.
|
||
(ii) Ensuring that immediately upon executing the operator-imposed or internet
|
||
gaming platform provider-imposed exclusion order, no new wagers or
|
||
deposits are accepted from the authorized participant, until such time as the
|
||
operator-imposed or internet gaming platform provider-imposed exclusion
|
||
has been revoked.
|
||
(iii) Ensuring that the authorized participant is not prevented from withdrawing
|
||
any or all of his or her account balance, if the internet gaming operator or
|
||
internet gaming platform provider acknowledges that the funds have
|
||
cleared, and that the reason or reasons for exclusion would not prohibit a
|
||
withdrawal.
|
||
(h) Description of anti-money laundering compliance standards.
|
||
(i) Process for submitting or receiving approval of all types of internet games and
|
||
wagers available.
|
||
(j) Description of process for accepting wagers and issuing payouts, plus any
|
||
additional controls for accepting wagers and issuing payouts in excess of
|
||
$10,000.00.
|
||
(k) Description of process for voiding or cancelling wagers and refunding the
|
||
authorized participant in accordance with these rules.
|
||
(l) Description of process for accepting multiple wagers from one authorized
|
||
participant in a 24-hour cycle, including process to identify authorized
|
||
participant structuring of wagers to circumvent recording and reporting
|
||
requirements.
|
||
(m)Procedure for the recording of and reconciliation of internet gaming transactions.
|
||
(n) Procedures for issuance and acceptance of promotional funds for internet gaming.
|
||
(o) Description of all integrated third-party platforms.
|
||
(p) Procedures for identifying and restricting prohibited persons.
|
||
(q) Description of process to close out dormant accounts.
|
||
(r) Procedures for making adjustments to an internet wagering account, providing a
|
||
method for an authorized participant to close out an account and how an
|
||
authorized participant will be refunded after the closure of an account or how
|
||
funds will be escheated.
|
||
(s) Procedures to verify each authorized participant's physical location pursuant to
|
||
part 3 of these rules.
|
||
(t) Procedures for the security and sharing of personal identifiable information of an
|
||
authorized participant, funds or financial information in an internet wagering
|
||
account, and other information as required by the board. The procedures must
|
||
include the means by which an internet gaming operator or internet gaming
|
||
platform provider, or both, will provide notice to an authorized participant
|
||
related to the sharing of personal identifiable information.
|
||
(u) Detailed responsible gaming measures.
|
||
(v) Method for securely implementing the responsible gaming database.
|
||
(w)Methods for securely issuing, modifying, and resetting an authorized participant’s
|
||
account password, personal identification number (PIN), or other approved
|
||
Page 61
|
||
Courtesy of Michigan Administrative Rules
|
||
security feature, if applicable. Any method must include notification to the
|
||
authorized participant following any modification via electronic or regular mail,
|
||
text message, or other manner approved by the board. Such methods must
|
||
include, at a minimum, one of the following:
|
||
(i) Proof of identity, if in person.
|
||
(ii) The correct response to 2 or more challenge questions.
|
||
(iii) Strong authentication.
|
||
(x) Procedures for receiving, investigating, and responding to all authorized
|
||
participant complaints.
|
||
(y) In detail, the location of the internet gaming servers, including any third-party
|
||
remote location servers, and what controls will be in place to ensure security of
|
||
the internet gaming servers.
|
||
(z) Technical security standards (controls) required by these rules.
|
||
(aa) Procedures for registration of authorized participants and establishing internet
|
||
wagering accounts, including a procedure for authenticating the age, identity,
|
||
and physical address of an applicant for an internet wagering account and
|
||
whether the applicant is prohibited from establishing or maintaining an account
|
||
under applicable laws or regulations.
|
||
(bb) Procedures for terminating an internet wagering account and the return of any
|
||
funds remaining in the internet wagering account to the authorized participant or
|
||
confiscation of funds in accordance with these rules.
|
||
(cc) Procedures for the logging in and authentication of an authorized participant to
|
||
enable the authorized participant to commence internet gaming and the logging
|
||
off of the authorized participant when the authorized participant has completed
|
||
play, including a procedure to automatically log an authorized participant out of
|
||
the internet wagering account after a specified period of inactivity.
|
||
(dd) Procedures for the crediting and debiting of an internet wagering account.
|
||
(ee) Procedures for withdrawing funds from an internet wagering account by the
|
||
authorized participant.
|
||
(ff) Procedures for the protection of an authorized participant’s funds, including the
|
||
segregation of an authorized participant’s funds from operating funds of the
|
||
internet gaming operator or internet gaming platform provider, or both.
|
||
(gg) Procedures and security for the calculation and recording of gross receipts,
|
||
adjusted gross receipts, and winnings.
|
||
(hh) Procedures and security standards as to receipt, handling, and storage of internet
|
||
gaming equipment.
|
||
(ii) Procedures and security standards to protect and respond to an individual's
|
||
suspected or actual hacking of or tampering with the internet gaming operator’s
|
||
or internet gaming platform provider’s internet gaming website or internet
|
||
gaming devices and associated equipment.
|
||
(jj) Procedures and appropriate measures implemented to deter, detect, and, to the
|
||
extent possible, prevent cheating, including collusion, and use of cheating
|
||
devices, including the use of software programs that make bets according to
|
||
algorithms.
|
||
(kk) Procedures to govern emergencies, including suspected or actual cyber-attacks
|
||
on, hacking of, or tampering with the internet gaming platform, internet gaming
|
||
Page 62
|
||
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|
||
website or internet gaming devices and associated equipment. The procedures
|
||
must include the process for the reconciliation or repayment of an authorized
|
||
participant's internet wagering account.
|
||
(ll) Policies and procedures in connection with the internal audit function of its
|
||
internet gaming operations.
|
||
(mm)Establishing policies and procedures with respect to credit.
|
||
(nn) Any other items considered necessary by the board.
|
||
(3) To the extent a third-party is involved in or provides any of the internal controls
|
||
required in these rules, the internet gaming operator’s or internet gaming platform
|
||
provider’s internal controls, or the controls of both of them, must document the roles and
|
||
responsibilities of the third-party and must include procedures to evaluate the adequacy
|
||
of and monitor compliance with the third-party’s internal control procedures.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.663a Amendments to internal controls.
|
||
Rule 663a. Unless otherwise provided by the board, all of the following provisions
|
||
apply to amendments to the internal control procedures:
|
||
(a) Amendments to any portion of the internal control procedures must be submitted
|
||
to the board for approval. If within 30 days the board has not approved, denied, or
|
||
otherwise provided written notice, an internet gaming operator or internet gaming
|
||
platform provider, or both, may implement the amended internal controls as submitted
|
||
with the board retaining its authority to require further amendment, approval, or denial.
|
||
(b) The board may, in writing, approve, deny, or require a revision to the amendment
|
||
to the internal control procedures. If the internet gaming operator or internet gaming
|
||
platform provider, is notified of a required revision, the internet gaming operator or
|
||
internet gaming platform provider must work with the board to address the revision.
|
||
(c) If the board requests additional information, clarification, or revision of an
|
||
amendment to an internal control and the internet gaming operator or internet gaming
|
||
platform provider, or both, fail to satisfy the request within 30 days after the board
|
||
request, the board shall consider the amendment denied and it cannot be implemented
|
||
or, if previously implemented under subdivision (a) of this rule, the internet gaming
|
||
operator or internet gaming platform provider has 15 days to cease implementation of
|
||
that amendment. If the internet gaming operator or internet gaming platform provider
|
||
subsequently wants to pursue the amendment, it must resubmit the request along with
|
||
the additional information previously requested by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.663b Emergency procedures.
|
||
Rule 663b. (1) In the event of an emergency, the internet gaming operator or
|
||
internet gaming platform provider, or both, may temporarily amend an internal control
|
||
procedure. The executive director or his or her designee must be notified that an
|
||
emergency exists before temporarily amending an internal control procedure.
|
||
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||
(2) An internet gaming operator or internet gaming platform provider, or both, must
|
||
submit the temporary emergency amendment of the internal control procedures to the
|
||
executive director or his or her designee within 3 days of the amendment. The
|
||
submission must include the detailed emergency procedures that will be implemented
|
||
and the time period the emergency procedures will be temporarily in place. Any
|
||
concerns the board has with the submission must be addressed with the internet
|
||
gaming operator or internet gaming platform provider, or both.
|
||
(3) As soon as the circumstances necessitating the emergency amendment to the internal
|
||
control procedures abate, an internet gaming operator or internet gaming platform
|
||
provider, or both, shall resume compliance with the approved internal control
|
||
procedures.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.663c Failure to comply with requirements.
|
||
Rule 663c. If the board determines that the administrative or accounting procedures
|
||
or written internal control procedures of the internet gaming operator or internet gaming
|
||
platform, or both, do not comply with the requirements of these rules or require
|
||
improvement, the board shall notify the internet gaming operator or internet gaming
|
||
platform provider, or both, in writing. Within 15 days after receiving the notification, the
|
||
internet gaming operator or internet gaming platform provider must amend its procedures
|
||
and written internal control procedures accordingly and must submit, for board approval,
|
||
a copy of the written internal control procedures, as amended, and a description of any
|
||
other remedial measure taken.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.664 Compliance with internal controls.
|
||
Rule 664. (1) Internet gaming operators and internet gaming platform providers
|
||
must comply with all internal controls.
|
||
(2) If an internet gaming operator or internet gaming platform provider fails to comply
|
||
with any provision of its internal controls, the board may initiate a disciplinary action.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.665 Accounting records.
|
||
Rule 665. (1) An internet gaming operator and internet gaming platform provider must
|
||
maintain complete, accurate, and legible records of all transactions related to their
|
||
internet gaming, including transactions pertaining to revenues, expenses, assets,
|
||
liabilities, and equity in conformance with generally accepted accounting principles.
|
||
(2) The board may direct an internet gaming operator and internet gaming platform
|
||
provider to alter the manner in which the records are maintained if the internet gaming
|
||
operator’s and internet gaming platform provider’s records are not in accordance with
|
||
generally accepted accounting principles or if the records are not in sufficient detail.
|
||
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|
||
(3) The accounting records must be maintained using a double entry system of
|
||
accounting with transactions recorded on the accrual basis and supported by detailed
|
||
subsidiary records.
|
||
(4) The detailed subsidiary records must include, at a minimum, all of the following:
|
||
(a) Detailed general ledger accounts identifying all revenue, expenses, assets,
|
||
liabilities, and equity.
|
||
(b) A record of all investments, advances, loans, and accounts receivable balances
|
||
due the establishment.
|
||
(c) A record of all loans and other accounts payable.
|
||
(d) A record of all accounts receivable written off as uncollectible.
|
||
(e) Journal entries prepared.
|
||
(f) Tax work papers used in preparation of any state or federal tax return if applicable.
|
||
(g) Records supporting the accumulation of the costs for complimentary services and
|
||
items. A complimentary service or item provided to individuals in the normal course
|
||
of an internet gaming business must be recorded in an amount based upon the full
|
||
retail price normally charged for the service or item or as is otherwise consistent with
|
||
generally accepted accounting principles.
|
||
(h) Records required by the internal control system.
|
||
(i) Other records that the board requires to be maintained.
|
||
(5) The internet gaming operator and internet gaming platform provider must maintain all
|
||
records supporting the adjusted gross receipts.
|
||
(6)If an internet gaming operator or internet gaming platform provider, or both, fails to
|
||
maintain the records used by it to calculate the adjusted gross receipts, the board may
|
||
compute and determine the amount upon the basis of an audit conducted by the board
|
||
using available information.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.665a Annual audits and annual compliance reports.
|
||
Rule 665a. (1) All of the following provisions apply to annual and special audits and
|
||
other reports:
|
||
(a) The board requires an annual audit of the financial condition of the internet
|
||
gaming operator’s and internet gaming platform provider’s total internet gaming
|
||
operations. For an internet gaming operator licensed as a casino under the Michigan
|
||
Gaming Control and Revenue Act, the audit prepared pursuant to section 14 of the
|
||
Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.214, satisfies this
|
||
requirement. An independent certified public accountant must perform the annual
|
||
audit.
|
||
(b) The annual audit must be performed and presented in accordance with generally
|
||
accepted accounting principles and contain the opinion of the independent certified
|
||
public accountant as to its fair preparation and presentation in accordance with
|
||
generally accepted accounting principles.
|
||
(c) To assure the integrity of internet gaming and compliance with the act and these
|
||
rules, the board may require a special audit of an internet gaming operator or an
|
||
internet gaming platform provider, or both, to be conducted by board personnel or an
|
||
independent certified public accountant. The board shall establish the scope,
|
||
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||
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|
||
procedures, and reporting requirements of a special audit. For an internet gaming
|
||
operator who is an Indian tribe, the scope of the special audit must be limited to the
|
||
internet gaming operator’s internet gaming operations.
|
||
(2) The board shall require annual compliance reports to be prepared by the internet
|
||
gaming operator or the internet gaming platform provider, or both, and submitted in a
|
||
manner and form prescribed by the board. The annual compliance report must address all
|
||
of the following areas:
|
||
(a) Compliance with procedures to ascertain that adjusted gross receipts are
|
||
determined and state and local taxes or payments are paid, in conformity with the act
|
||
and these rules.
|
||
(b) Compliance with applicable ordinances and agreements with other governmental
|
||
authorities.
|
||
(c) Compliance with internal control procedures, accounting procedures, credit
|
||
procedures, dispute procedures, and board-imposed security and safety requirements.
|
||
(d) A material deviation from the internal control procedures, accounting procedures,
|
||
credit and dispute procedures, and board-imposed security and safety requirements.
|
||
(e) Corrective action taken to resolve deficiencies observed in subdivisions (a) to (d)
|
||
of this subrule.
|
||
(f) Other matters required by the board to measure compliance with the act and these
|
||
rules.
|
||
(3) The board shall determine the date of filing and the number of copies of audits or
|
||
reports required under this rule. The audits or reports must be received by the board or
|
||
postmarked no later than the required filing date.
|
||
(4) The reporting year-end of the internet gaming operator and internet gaming platform
|
||
provider is December 31 unless otherwise approved by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.665b Board access to platform data.
|
||
Rule 665b. The internet gaming operator or internet gaming platform provider must
|
||
provide access to internet gaming platform related data as considered necessary by the
|
||
board and in a manner approved by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.666 Records retention.
|
||
Rule 666. (1) Each internet gaming operator or internet gaming supplier must
|
||
maintain, in a place secure from theft, loss, or destruction, adequate records of its
|
||
business and accounting operations. An internet gaming operator or internet gaming
|
||
supplier must make the records available to the board, upon request, within a time
|
||
provided for by the board. An internet gaming operator or internet gaming supplier must
|
||
hold the records for not less than 5 years. The records must include, but not be limited to,
|
||
all of the following:
|
||
(a) All correspondence with, or reports to, the board or any local, state, tribal, or
|
||
federal governmental agency.
|
||
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|
||
(b) All correspondence concerning the business of an internet gaming operator or
|
||
internet gaming supplier.
|
||
(2) An internet gaming operator or internet gaming supplier must keep and maintain, in a
|
||
manner and form required by the board, accurate, complete, and legible records of
|
||
any books, records, or documents pertaining to, prepared in, or generated by, the
|
||
internet gaming operator or internet gaming supplier, including, but not limited to, all
|
||
of the following:
|
||
(a)Forms.
|
||
(b) Reports.
|
||
(c)Accounting records.
|
||
(d) Ledgers.
|
||
(e)Subsidiary records.
|
||
(f)Computer generated data.
|
||
(g) Internal audit records.
|
||
(h) Correspondence.
|
||
(i) Personnel records.
|
||
(3) An internet gaming operator or internet gaming supplier must keep and maintain the
|
||
books, records, or documents in a manner and form approved or required by the board.
|
||
(4) An internet gaming operator or internet gaming supplier must organize and index all
|
||
required records in a manner that enables the board to locate, inspect, review, and analyze
|
||
the records with reasonable ease and efficiency.
|
||
(5) For an internet gaming operator that is an Indian tribe, records required to be
|
||
maintained under this rule are limited to those records related to the internet gaming
|
||
operator’s internet gaming operations.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.667 Taxes and payments.
|
||
Rule 667. (1) The internet gaming platform must be able to generate reports
|
||
supporting adjusted gross receipts, wagering liability, winnings, and any other reports
|
||
considered necessary by the board or as required by the internal controls. The reporting
|
||
must be done on a form and in the manner prescribed by the board.
|
||
(2) An internet gaming operator who fails to remit to the board the tax or payment
|
||
imposed under the act is liable for payment of a fine, as determined by the board of up to
|
||
25% per month of the amounts ultimately found to be due, to be recovered by the board.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.668 Write-offs/amounts returned/disputed credit or debit charges.
|
||
Rule 668. (1) An internet gaming operator shall not receive a deduction from gross
|
||
receipts unless written approval is granted by the board for the following:
|
||
(a) Amounts returned to an authorized participant because of a game, platform, or
|
||
system malfunction or because the internet wager must be voided because of
|
||
concerns regarding integrity of the wager or game that were previously included
|
||
in the computation of gross receipts.
|
||
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||
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|
||
(b) Uncollectible markers or successfully disputed credit or debit card charges that
|
||
were previously included in the computation of gross receipts. Discretionary
|
||
write-offs by the internet gaming operator do not constitute an uncollectible
|
||
marker.
|
||
(2) An internet gaming operator must submit for board review and approval a written
|
||
request, including all supporting documentation, of the deductions it would like to
|
||
take against gross receipts.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
PART 7. RESPONSIBLE GAMING; PROHIBITED PERSON
|
||
R 432.671 Establishment and maintenance of the responsible gaming database.
|
||
Rule 671. (1) The board shall establish a responsible gaming database that contains
|
||
a list of individuals who are prohibited from establishing an internet wagering account or
|
||
participating in internet wagering offered by an internet gaming operator.
|
||
(2) The executive director may place an individual’s name in the responsible gaming
|
||
database for any of the following reasons:
|
||
(a) The individual has been convicted in any jurisdiction of a felony, a crime of moral
|
||
turpitude, or a crime involving gaming.
|
||
(b) The individual has violated the act or another gaming-related law.
|
||
(c) The individual has performed an act or has a notorious or unsavory reputation
|
||
such that the individual's participation in internet wagering under the act would
|
||
adversely affect public confidence and trust in internet gaming.
|
||
(d) The individual's name is on a valid and current exclusion list maintained by this
|
||
state or another jurisdiction in the United States.
|
||
(e) A court has ordered the placement of an individual’s name in the responsible
|
||
gaming database.
|
||
(f) The internet gaming operator or internet gaming platform provider has requested
|
||
an individual’s name be included in the responsible gaming database.
|
||
(g) Any other reason the executive director considers appropriate to protect the
|
||
integrity of internet gaming under the act and these rules.
|
||
(3) An internet gaming operator or internet gaming platform provider may request an
|
||
individual’s name be included in the responsible gaming database. The request must be
|
||
done in the manner and form prescribed by the executive director, but must at a minimum
|
||
include all of the following:
|
||
(a) The individual’s name and other identifying information.
|
||
(b) The reason why the internet gaming operator or internet gaming platform
|
||
provider believes the individual should be included.
|
||
(c) Any evidence that supports the request.
|
||
(d) Any other information requested by the executive director.
|
||
(4) If the executive director places an individual in the responsible gaming database,
|
||
it shall notify the individual. This notification must include the basis for the individual’s
|
||
placement in the responsible gaming database and explain that the individual is
|
||
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||
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|
||
prohibited from establishing an internet wagering account or making an internet wager as
|
||
authorized by the act and these rules.
|
||
(5) An excluded person may request a hearing under these rules to contest placement
|
||
in the responsible gaming database. It is the excluded person’s responsibility to prove by
|
||
clear and convincing evidence why he or she should not be in the responsible gaming
|
||
database.
|
||
(6) Involuntary placement in the responsible gaming database is permanent, unless
|
||
removed by the executive director. The executive director shall only remove an excluded
|
||
person from the responsible gaming database if the excluded person no longer satisfies
|
||
the criteria for placement.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.672 Voluntary placement in the responsible gaming database.
|
||
Rule 672. (1) An individual may have his or her name placed in the responsible
|
||
gaming database for a period of 1 or 5 years by submitting a request in the manner and
|
||
form prescribed by the executive director.
|
||
(2) An individual seeking voluntary placement in the responsible gaming database must
|
||
agree to release the state, the board and its employees and agents, the internet gaming
|
||
operator, the internet gaming platform provider, and each of their respective officers,
|
||
directors, employees, and agents from any harm, monetary or otherwise, that may arise as
|
||
a consequence of placing his or her name in the responsible gaming database.
|
||
(3) The executive director shall not include an individual in the responsible gaming
|
||
database until the individual has provided all necessary information.
|
||
(4) If an internet gaming operator or internet gaming platform provider prohibits a
|
||
voluntarily-excluded person in the responsible gaming database from engaging in other
|
||
forms of gaming authorized by law in this state or in another jurisdiction, the limitation
|
||
shall only be for the 1 or 5 year placement chosen by the voluntarily-excluded person.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.673 Distribution of the responsible gaming database.
|
||
Rule 673. (1) The executive director shall provide the internet gaming operator and
|
||
internet gaming platform provider with information the executive director considers
|
||
necessary to carry out the purposes of the act and these rules.
|
||
(2) Internet gaming operators and internet gaming platform providers may only use the
|
||
information as provided for in the internal controls and as is consistent with the act and
|
||
these rules.
|
||
(3) Use of information from the responsible gaming database for a purpose other than
|
||
what is provided for in the act or these rules may result in disciplinary action by the board
|
||
against the licensee or a civil fine. Nothing in this part is intended to preclude the
|
||
disclosure of such information pursuant to subpoena or other legal process.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
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||
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|
||
R 432.674 Self-exclusion list.
|
||
Rule 674. (1) Each internet gaming operator and internet gaming platform provider
|
||
must establish and maintain a self-exclusion list as prescribed in the act, in these rules, by
|
||
direction of the executive director, and in accordance with internal controls.
|
||
(2) The self-exclusion list must be designed to safeguard the confidentiality of the
|
||
information.
|
||
(3) An individual may have his or her name added to the self-exclusion list
|
||
maintained by the internet gaming operator or internet gaming platform provider if he or
|
||
she agrees to release the state, the board and its employees and agents, the internet
|
||
gaming operator, the internet gaming betting platform provider, and each of their
|
||
respective officers, directors, employees, and agents from any harm, monetary or
|
||
otherwise, that may arise as a consequence of placing his or her name in the responsible
|
||
gaming database or self-exclusion list.
|
||
(4) Any individual requesting placement in the self-exclusion list must submit
|
||
through his or her internet wagering account or by another means authorized by the
|
||
board, a completed request for self-exclusion.
|
||
(5) An internet gaming operator or internet gaming platform provider may disclose
|
||
the names of voluntarily-excluded persons on the self-exclusion list to a person licensed
|
||
or registered by the board for the purpose of allowing the third-party to remove the names
|
||
of such individuals from a targeted mailing or other advertising or promotion to be made
|
||
on behalf of an internet gaming operator or internet gaming platform provider.
|
||
(6) A licensed or registered third-party that obtains the self-exclusion list from an
|
||
internet gaming operator or internet gaming platform provider is permitted to use the list
|
||
solely to exclude names and other information from targeted mailings or other advertising
|
||
or promotion made on behalf of the internet gaming operator or internet gaming platform
|
||
provider. The third-party to whom the information is disclosed shall not distribute or
|
||
disclose the information to the public or any other person. Disclosure may result in
|
||
disciplinary action or civil fine.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.675 Prohibited persons.
|
||
Rule 675. (1) An internet gaming operator and an internet gaming platform provider
|
||
must make reasonable efforts to prevent a prohibited person from establishing an internet
|
||
wagering account and not permit the prohibited person to place an internet wager based
|
||
on the most current information available to the internet gaming operator and internet
|
||
gaming platform provider. This subrule shall not be construed to prevent an individual
|
||
from creating an internet gaming account and depositing funds to such an account even if
|
||
they are prohibited from placing certain wagers.
|
||
(2) If an internet gaming operator or internet gaming platform provider detects, or is
|
||
notified of, an individual suspected of being a prohibited person who had engaged or is
|
||
engaging in prohibited internet wagering, the internet gaming operator or internet
|
||
gaming platform provider, or both, must use reasonable measures to verify whether the
|
||
individual is prohibited or not. If the internet gaming operator or internet gaming
|
||
platform provider cannot establish by reasonable measures that the individual is
|
||
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||
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|
||
prohibited, the individual is presumed to not be a prohibited person for the purposes of
|
||
this rule.
|
||
(3) Upon verification of a prohibited status, the internet gaming operator or internet
|
||
gaming platform provider, or both, must do both of the following:
|
||
(a) Immediately prohibit access to the individual’s internet wagering account.
|
||
(b) Seize from the individual any winnings or things of value obtained from engaging
|
||
in internet wagering.
|
||
(4) The internal controls of an internet gaming operator or internet gaming platform
|
||
provider must contain procedures for processing any winnings or things of value
|
||
confiscated or withheld from a prohibited person.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020.
|
||
R 432.676 Duty of internet gaming operator and internet gaming platform
|
||
provider.
|
||
Rule 676. (1) An internet gaming operator and internet gaming platform provider must
|
||
make reasonable efforts to prohibit a prohibited person from establishing an internet
|
||
wagering account and from participating in internet wagering offered under the act and
|
||
these rules. This subrule shall not be construed to prevent an individual from creating an
|
||
internet gaming account and depositing funds to such an account even if they are
|
||
prohibited from placing certain wagers.
|
||
(2) If an internet gaming operator or internet gaming platform provider becomes aware
|
||
that a prohibited person has established an internet wagering account or has participated
|
||
in internet wagering, the internet gaming operator or internet gaming platform provider
|
||
must provide written notice to the executive director. Any wager made by a prohibited
|
||
person must be cancelled and the internet wagering account used to place the wager must
|
||
be suspended or closed.
|
||
History: 2020 MR 22, Eff. Dec. 2, 2020. |