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Courtesy of Michigan Administrative Rules
DEPARTMENT OF TREASURY
MICHIGAN GAMING CONTROL BOARD
INTERNET GAMING RULES
(By authority conferred on the Michigan Gaming Control Board by section 10 of the
lawful internet gaming act, 2019 PA 152, MCL 432.310)
PART 1. GENERAL PROVISIONS
R 432.611 Definitions.
Rule 611. As used in these rules:
(a) “Act” means the lawful internet gaming act, 2019 PA 152, MCL 432.301 to MCL
432.322.
(b) “Affiliate” means a person that, directly or indirectly, through 1 or more
intermediaries, controls or is controlled by an internet gaming operator.
(c) “Affiliate marketer” means a person involved in promoting, marketing, and directing
business to online gaming sites who is compensated based on the volume of customer
referrals to an online gaming site or customer activity, including but not limited to,
number of registrations, number of depositing registrations, or wagering activity, or
both.
(d) “Agent” means any individual who is employed by any agency of this state, other
than the board, the state police, or attorney general, and who is assigned to perform
full-time services on behalf of or for the benefit of the board regardless of the title or
position held by that individual.
(e) “Authorized game” means any internet game that the board determines to be suitable
for use for wagering through the internet, which must include, but need not be limited
to, poker, blackjack, cards, slots, games played with dice or tiles, or both, such as
roulette, craps, pai gow, and other games typically offered at a casino. An authorized
game does not include any of the following: pick numbers or other lottery games
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
any lawful internet sports betting.
(f) “Authorized participant session” means the period of time that an authorized
participant is logged on to an internet gaming platform.
(g) “Conflict of interest” means a situation, relationship, or association in which the
private interest of employees, agents, and contractors of the board may influence the
judgment of the employee, agent, or contractor in the performance of his or her public
duty under the act.
(h) “Contractor” means any individual not employed by this state who performs services
on behalf of or for the benefit of the board and requires unescorted access to board
facilities.
(i) "Excluded person" means any individual who has been involuntarily placed in the
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
both, offered under the act or these rules.
(j) “Executive Director” means the executive director of the Michigan gaming control
board, appointed under section 4 of the Michigan Gaming Control and Revenue Act,
1996 IL 1, MCL 432.204.
(k) “Game server” means a server that contains game software and control programs.
(l) “Internet gaming network” means the linking of authorized participants of 1 or more
Internet gaming operators to participate in peer-to-peer gaming in this state. An
internet gaming network does not include linking of authorized participants pursuant
to a multijurisdictional internet gaming agreement entered into in accordance with the
act.
(m)“Interactive gaming system” means the hardware, software, firmware,
communications technology and other equipment that allows an authorized
participant to remotely bet or wager through the internet or a similarly distributed
networking environment, and the corresponding equipment related to game outcome
determination, the display of the game and game outcomes, and other similar
information necessary to facilitate play of the game. The internet gaming platform
provides the authorized participant with the means to play authorized games. The
internet gaming platform provides the internet gaming operator with the means to
review internet wagering accounts, disable games, generate various gaming/financial
transaction and account reports, input outcomes for live internet games, and set any
configurable parameters. The term does not include computer equipment or
communications technology used by an authorized participant to access the
interactive gaming system. Unless otherwise specified in these rules, the term
internet gaming platform includes the entire interactive gaming system inclusive of
remote gaming systems.
(n) “Key person” means any of the following except as otherwise provided in paragraph
(vii):
(i) A director of the applicant.
(ii) A managerial employee of the applicant that performs the function of principal
executive officer, principal operations officer, or principal accounting officer.
(iii) A person who holds more than 5% ownership interest in the applicant.
(iv) An affiliate of the applicant.
(v) A director of an affiliate of the applicant.
(vi) A managerial employee of an affiliate of an applicant that performs the function
of principal executive officer, principal operations officer, or principal
accounting officer.
(vii) “Key person” does not include an elected or appointed representative of any
applicant or licensee that is a federally recognized Indian tribe located in this state
unless the representative is also a full-time employee of the applicants or licensees
internet gaming operations. A key person for an Indian tribe includes a primary
management official of the applicant who has management responsibilities for the
applicants internet gaming operations.
(o) “Licensee” means a person who holds a license under the act.
(p) “Live game” means a game conducted by a gaming attendant (e.g., dealer, croupier,
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
have the ability to review game play and communicate game decisions through the
internet gaming platform. Live games include, but are not limited to, live card games,
live table games, and live play of gaming devices, and other live authorized games.
(q) “Live game environment” means a physical location that utilizes live video streaming
technology to provide live games to a remote player device that permits the
authorized participant to participate in live streamed games, interact with game
attendants, and interact with fellow authorized participants.
(r) “Peer-to-peer gaming” means all gaming activity, such as poker, where authorized
participants are directly competing against each other but not the licensee.
(s) "Prohibited person" means any excluded person, any voluntarily-excluded person,
and all of the following:
(i) An individual who is under the age of 21.
(ii) Any employee of, or appointee to, the Michigan gaming control board.
(iii)Employees of an internet gaming operator. An employee of an internet gaming
operator shall not create an internet wagering account or place an internet wager
with the internet gaming operator for which he or she is employed unless using a
test account under R 432.639a.
(iv)Employees of an internet gaming platform provider. An employee of an internet
gaming platform provider shall not create an internet wagering account or place
an internet wager with the internet gaming operator for which the internet
gaming platform provider supplies the internet gaming platform unless using a
test account under R 432.639a.
(v) Employees or appointees of a tribal gaming regulatory agency with jurisdiction
over internet gaming being operated under the tribes gaming ordinance and the
Indian gaming regulatory act, 18 USC 1166 to 1168 and 25 USC 2701 to 2721.
(vi) Occupational licensees and applicants. Occupational licensees and applicants
shall not place wagers with the internet gaming operator or internet gaming
platform provider for which they are employed or for which they had to qualify.
(vii) An individual not in an authorized location to make a wager.
(viii) An individual placing an internet wager on behalf of another
(ix)An individual wagering in violation of state, tribal, or federal law.
(x) Other prohibited persons as determined by the board.
(t) “Publicly traded corporation” means any corporation or other legal entity regulated
by the U.S. Securities and Exchange Commission under the securities exchange act of
1934, 15 USC 78a to 78qq, or securities act of 1933, 15 USC 77a to 77aa.
(u) “Random number generator” or “RNG” means a computational or physical device,
algorithm, or system designed to produce numbers in a manner indistinguishable from
random selection. .
(v) “Remote gaming system” means hardware and software used to provide authorized
internet games to an authorized participant on an internet gaming platform. The
remote gaming system may contain features common to game offerings, game
configurations, the random number generator, and reporting. The remote gaming
system may be a standalone system or integrated within another part of the internet
gaming platform.
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(w) “Remote player device” means an authorized participant-owned device that at a
minimum will be used for the execution of game play. Examples of a remote player
device include a personal computer, mobile phone, tablet, etc.
(x) “Secure transaction file” means a file that contains data that cannot be modified
without detection.
(y) “Self-authentication process” means a method used by a system to verify the validity
of software and includes the following:
(i) The method requires the calculation of an output digest that is compared to
a secure embedded value.
(ii) The output digest must be of 128-bit complexity, at a minimum.
(iii) Software is authenticated if the calculated digest equals the secure embedded
value.
(z) "Self-exclusion list" means a list of individuals who voluntarily excluded themselves
from establishing or maintaining an internet wagering account with an internet
gaming operator or internet gaming platform provider.
(aa) “Strong authentication” means a method that has been demonstrated to the
satisfaction of the board to effectively provide higher security than a username and
password alone.
(bb) "Suspended account" means an internet wagering account that has been
temporarily disabled from engaging in wagering activity.
(cc) "Targeted mailing" means an advertisement or promotional offer from an internet
gaming operator or an internet gaming supplier directed to an individual on the basis
of specific criteria, such as being a member or former member of a rewards club or a
participant in social games. "Targeted mailing" does not include mass
communication, including mailings or e-mailings, made to an entire area or zip code
or targeted list, nor does it include an advertisement that arrives in a packet of 5 or
more non-gaming advertisements, if the packet of advertisements is addressed to
"resident," "occupant," or some similar wording and not to a specific individual.
"Targeted mailing" further does not include any "pop-up" advertisement that appears
on an individuals computer or mobile device on the basis of his or her IP Address.
(dd) “Theoretical return to player” or “RTP” means the expected percentage of bets or
wagers that a specific game will return to the player in the long run. The RTP can be
calculated via either a theoretical or simulated approach. The method used for
calculation depends on the game type.
(ee) "Things of value" means anything of value that may be used to place an internet
wager.
(ff) “Voluntarily-excluded person” means any individual whose name is included, at his
or her own request, in the responsible gaming database or on a self-exclusion list, or
both.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.612 Terms defined in act.
Rule 612. Terms defined in the act have the same meaning when used in these rules.
History: 2020 MR 22, Eff. Dec. 2, 2020.
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R 432.613 Board duties, jurisdiction, and authority.
Rule 613. (1) To execute and administer the act for the purpose of licensing,
regulating, and enforcing lawful internet gaming, the board may do all of the following:
(a) Determine its practices and internal policies or procedures.
(b) Delegate to the executive director all powers and authority to act in the name
of the board with respect to all reasonable, necessary, and appropriate actions to
administer and carry out the administrative and executive functions of the board
including, but not limited to, the power to do any of the following:
(i) Execute and enter into contracts on behalf of the board.
(ii) Hire and fire employees of the board and administer oaths.
(iii) Issue subpoenas for the attendance of witnesses and the production of
documents.
(iv) Issue and renew licenses.
(v) Register vendors.
(vi) Conduct investigations, inspections, and audits, share information with law
enforcement agencies, conduct hearings, and settle alleged violations of the act and
these rules.
(vii) Engage in other functions necessary to the proper administration and
enforcement of the act and these rules.
(viii) Grant requests and waivers, answer inquiries, issue interpretations, and
otherwise take any action that is reasonably requested by applicants, licensees, and
vendors in furtherance of, and consistent with, the efficient administration and
enforcement of the act and these rules, as determined to be necessary or
appropriate by the executive director.
(2) The board may set hiring standards for employees.
(3) The board has general responsibility for the implementation of the act. The
boards duties include, but are not limited to, all of the following:
(a) Deciding in a reasonable period of time all license applications.
(b) Investigating applicants for licenses or registration. The board may grant
licenses or register persons in accordance with the act and these rules.
(c) Supervising internet wagering authorized by the act.
(d) Investigating alleged violations of the act or these rules and taking appropriate
disciplinary action against a licensee or any other person, or instituting appropriate
legal action for enforcement, or both.
(e) Conducting investigative and contested case hearings, issuing subpoenas, and
administering oaths and affirmations to the witnesses to exercise and discharge the
powers and duties of the board under the act.
(f) Revoking or suspending licenses and registrations, and imposing fines as the
board considers necessary and in compliance with applicable laws of this state.
(g) Imposing fines against individuals, internet gaming operators and internet
gaming suppliers for engaging in a fraudulent practice, for each violation of the act,
these rules, or any resolution or order of the board, or for any other action that the
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
and these rules.
(4) The board may seek and shall receive the cooperation and assistance of other
departments and agencies in conducting background investigations and in fulfilling its
responsibilities under the act.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.613a Member, employee, or agent of board; conduct generally.
Rule 613a. (1) By January 31 of each year, each member, the executive director,
and all employees of the board shall file 1 or more board disclosure forms. The board
shall determine the contents of the form, but it must include such information as
necessary to ensure the integrity of internet gaming and disclosure of all relevant
financial information. The form may be combined with similar forms required by other
acts or rules.
(2) If a member, the executive director, an employee, or an agent of the board
negotiates for, or acquires by any means, any interest in a licensee, applicant, or person
affiliated with a licensee or applicant, he or she must immediately provide written notice
of the details of the interest to the chairperson. The member, executive director,
employee, or agent of the board must not act on behalf of the board with respect to that
licensee, applicant or person affiliated with the licensee or applicant.
(3) A member, the executive director, an employee, or an agent of the board may
enter into any negotiations for employment with a licensee, applicant or affiliate of a
licensee or applicant. The member, executive director, employee, agent, licensee,
applicant, or affiliate must immediately notify the chairman and the executive director
once the invitation to negotiate has been extended. A potential employer asking if an
individual would be interested in a position or explaining the nature of a position does not
constitute negotiations for employment. Further, an individual completing an
employment application does not constitute negotiations for employment. The member,
executive director, employee, or agent of the board must not take any action on behalf of
the board with respect to that licensee, applicant, or person affiliated with a licensee or
applicant while the negotiations are ongoing. All members, the executive director, board
employees, agents, and contractors must, to the maximum extent possible, avoid
situations, relationships, or associations that may represent or lead to an actual or
perceived conflict of interest.
(4) A member, the executive director, an employee, or an agent, or their spouse, may
not accept any gift, gratuity, compensation, travel, lodging, or anything of value, directly
or indirectly, from any licensee, applicant, or an affiliate or representative of an applicant
or licensee, unless the acceptance conforms to a written policy issued by the chairperson.
The chairman may exempt attendance at a reception, and food and drink for immediate
consumption, from this policy. The policy must be publicly available and shared with all
licensees.
(5) A licensee, applicant, or an affiliate or representative of an applicant or licensee,
shall not, directly or indirectly, give or offer to give any gift, gratuity, compensation,
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
accepting under subrule (4) of this rule.
(6) A licensee, applicant, or an affiliate or representative of an applicant or licensee
must not engage in ex parte communications with a member of the board. A member of
the board must not engage in any ex parte communications with a licensee, applicant, or
affiliate or representative of an applicant or licensee.
(7) Any member, licensee, applicant, or affiliate or representative of a board member,
licensee, or applicant who receives any ex parte communication in violation of subrule
(6) of this rule, or who is aware of an attempted communication in violation of subrule
(6) of this rule, must immediately report details of the communication or attempted
communication in writing to the chairperson.
(8) A member, the executive director, an employee, or an agent of the board must not
have an internet wagering account or participate in or wager on any internet gaming
conducted in this state except as part of the individuals surveillance, security, or other
official duty authorized by the board.
(9) Violation of this rule by a licensee, applicant, or affiliate or a representative of a
licensee, applicant, or affiliate, may result in denial of an application for licensure,
revocation or suspension of a license, or other action by the board.
(10) Violation of this rule does not create a civil cause of action.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.614 Denial or non-renewal hearings.
Rule 614. (1) A person whose application for a license or a transfer of ownership
has been denied, whose license has not been renewed, or who has been denied an
approval from the board required in these rules may request a hearing. The hearing must
be de novo.
(2) The person must submit an original hearing request, pleading, or other written
document to the board, serve each party or attorney of record, and provide a proof of
service on each party or attorney of record.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.614a Request for hearing.
Rule 614a. (1) A request for hearing must meet all of the following requirements:
(a) Be in writing.
(b) State the name, current address, and current telephone number of the
petitioner.
(c) State in detail the reasons why, and the facts upon which the petitioner will
rely to show that, the petitioner's application for a license should not have been
denied, the license should have been renewed, the transfer of ownership should have
been approved, or approval should have been granted.
(d) Be signed, verified, and dated. A petitioner must have the verification
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
and belief it is true, complete, and correct."
(2) A request for hearing must be submitted within 21 days after service of the notice
of denial, notice of nonrenewal, or disapproval. A request for a hearing submitted by
certified mail or overnight express mail is considered submitted in a timely manner if it is
postmarked no later than 21 days after service of a notice of denial, notice of nonrenewal,
or disapproval.
(3) A request for a hearing is considered granted unless denied.
(4) A request for a hearing may be withdrawn by the petitioner. If the request for
hearing is withdrawn, then the initial denial, nonrenewal, or disapproval becomes a final
board order.
(5) Unless the board denies a request for hearing, the board shall submit the request
for hearing to the appropriate state agency.
(6) Default judgment or dismissal may result at any stage of the proceeding.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.614b Proceedings.
Rule 614b. (1) The burden of proof is at all times on the petitioner. The petitioner
has the affirmative responsibility of establishing, by clear and convincing evidence, any
of the following:
(a) The petitioner should have been awarded a license.
(b) The license should have been renewed.
(c) The transfer of ownership should have been approved.
(d) Approval should have been granted.
(2) The hearing must be conducted in accordance with the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except as otherwise provided in these
rules or the act.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.614c Prohibition on ex parte communication.
Rule 614c. A party or its attorney must not communicate directly or indirectly with
the hearing officer regarding any pending matter, except upon notice and opportunity for
all parties to participate. A party that engages in ex parte communication with the hearing
officer may be subject to sanctions and penalties.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.614d Sanctions and penalties.
Rule 614d. (1) The hearing officer may recommend sanctions and penalties if the
hearing officer finds that a party has failed to appear at a scheduled hearing, has acted in
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
directed finding on 1 or more issues.
(2) If a petitioner refuses to testify on his or her own behalf with respect to any
question propounded to him or her, then the hearing officer may infer that the testimony
or answer would have been adverse to the case of the petitioner.
(3) If the petitioner or attorney of record fails to answer a subpoena or refuses to
testify fully at the request of the board, then the failure may be considered independent
grounds for a finding that the petitioner should have been denied a license or the transfer
of ownership. The hearing officer may also infer from the failure to answer a subpoena or
refusal to testify fully that the testimony would have been adverse to the petitioner.
History: 2020 MR 22, Eff. Dec. 2, 2020.
R 432.614e Recording proceedings; transmittal of record and board action.
Rule 614e. (1) Oral proceedings involving contested issues must be recorded to
ensure the preservation of the testimony. A party may request a transcript of the
proceedings. The requesting party must pay for the transcript.
(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.
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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 petitioners 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
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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.
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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
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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
applicants or licensees 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
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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 licensees 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
licensees 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.
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(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
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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.
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R 432.621j Review of information at licensees or applicants 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.
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(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 tribes 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.
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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.
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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 licensees 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.
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(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.
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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 operators or internet gaming suppliers 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 applicants 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 applicants 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
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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
suppliers 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 applicants 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.
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(3) If the internet gaming suppliers provisional license expires, or is suspended or
revoked, the executive director shall forward the applicants 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.
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(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.
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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.
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(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
licensees 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 licensees 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, cashiers
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.
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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 vendors 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 individuals or authorized participants
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.
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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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(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
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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
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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
boards 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
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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.
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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.
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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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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 operators or internet gaming platform providers 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 participants
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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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 platforms 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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(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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(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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(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 operators or internet gaming platform
providers 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 operators staff, the internet
gaming platform providers 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.
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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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(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
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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 operators or internet gaming platform
providers 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 operators or internet gaming platform providers 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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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 operators or internet gaming platform providers
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 operators or internet gaming platform
providers 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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(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 operators or internet gaming platform providers 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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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 operators or internet gaming platform
providers 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 participants internet wager for
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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
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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.
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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 individuals 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 participants activity or other
individuals 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.
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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
persons 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
participants 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 participants right to set responsible gaming limits and to selfexclude.
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(j) Authorized participants 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 participants 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.
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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 operators 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 operators 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 operators or internet gaming platform
providers 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 participants legal name.
(ii) The authorized participants date of birth.
(iii) The authorized participants 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 participants internet wagering account number or username.
(v) The authorized participants residential address. A post office box is not
acceptable.
(vi) The authorized participants electronic mail address.
(vii) The authorized participants 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 participants 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 participants Social Security number or equivalent
identification number for a noncitizen authorized participant, such as a passport or
taxpayer identification number.
(ii) The authorized participants passwords and PINs.
(iii) The authorized participants personal financial information.
(c) Verify the authorized participants 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
operators or internet gaming platform providers 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 participants 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 participants acceptance of the internet gaming operators or
internet gaming platform providers internet wagering terms and conditions to participate
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in internet gaming through the internet gaming operators or internet gaming platform
providers website.
(g) Record the authorized participants certification that the information provided to the
internet gaming operator or internet gaming platform provider is accurate.
(h) Record the authorized participants 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 participants internet wagering account may be funded
through the use of any of the following:
(a) An authorized participants credit or debit card.
(b) An authorized participants deposit of cash or cash equivalent at a cashiering location
approved by the board.
(c) An authorized participants 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 participants 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 participants 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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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 participants
internet wagering account to another authorized participants 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 participants 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 operators or internet gaming platform providers internal controls. All other
adjustments must be authorized by supervisory personnel before being entered.
History: 2020 MR 22, Eff. Dec. 2, 2020.
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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 participants identification upon reasonable suspicion that the
authorized participants 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
operators or internet gaming platform providers 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 operators or internet
gaming platform providers 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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(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 participants 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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(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 employees 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:
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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 participants
account password, personal identification number (PIN), or other approved
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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 participants funds, including the
segregation of an authorized participants 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 operators
or internet gaming platform providers 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
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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 operators or internet gaming platform
providers 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-partys 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
operators and internet gaming platform providers 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 operators and internet gaming platform providers 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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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 operators 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
operators 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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(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 individuals 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 individuals name in the responsible
gaming database.
(f) The internet gaming operator or internet gaming platform provider has requested
an individuals 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
individuals 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 individuals 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 individuals
placement in the responsible gaming database and explain that the individual is
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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 persons 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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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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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 individuals 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.