This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3770:2-8-01 | Scope and purpose of the Ohio voluntary exclusion program.
Effective:
September 25, 2022
(A) The purpose of this chapter is to
establish a statewide voluntary exclusion program, administered jointly by the
Ohio lottery commission and the Ohio casino control commission, to help curtail
problem gambling in the state of Ohio. As used in this chapter, the statewide
voluntary exclusion program will be referred to as the "Ohio voluntary
exclusion program" or "Ohio VEP." This chapter is to be read in
conjunction with Chapter 3772-12 of the Administrative Code. (B) Participants in the Ohio VEP agree
to exclude themselves from all casino facilities and all video lottery terminal
facilities in the state of Ohio, including the restaurants, gaming and
entertainment areas of such facilities. These facilities are collectively
referred to in this chapter as "excluded facilities." Except as
described in rule 3772-12-07 of the Administrative Code, a participant in the
Ohio VEP will agree to refrain from entering excluded facilities during the
term of the program and will not have the option to select one or more
facilities or types of facilities from which to be excluded. (C) Participants in the Ohio VEP agree to
exclude themselves from lottery sports gaming offered by type C sports gaming
proprietors. These proprietors are collectively referred to in this chapter as
"excluded entities." (D) Nothing in this chapter will prohibit participants in
the Ohio VEP from entering an excluded facility for the purpose of carrying out
the duties of their employment.
Last updated September 26, 2022 at 8:42 AM
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Rule 3770:2-8-02 | Application to participate in the Ohio voluntary exclusion program.
Effective:
September 25, 2022
(A) An application to participate in the
Ohio VEP is available for completion at all Ohio casino facilities and all
video lottery terminal facilities. If an individual is unable to appear in
person at any of these facilities to complete an application, the individual
may contact staff from the Ohio lottery commission or the Ohio casino control
commission during regular business hours to make alternative arrangements to
complete the application. (B) All applications to participate in
the Ohio VEP must be completed in the presence of a staff member from the Ohio
lottery commission or the Ohio casino control commission on a prescribed form
or through the online Ohio VEP portal. Applications that are not completed in
this manner will not be accepted. (C) An individual who applies to
participate in the Ohio VEP will refrain from entering all excluded facilities
for one of the following time periods: (1) A minimum of one
year; (2) A minimum of five
years; or (3) Lifetime exclusion
subject to paragraph (C) of rule 3770:2-8-05 of the Administrative
Code. (D) If, at any time while completing an application to
participate in the Ohio VEP, it appears in the sole discretion of an Ohio
lottery commission or the Ohio casino control commission staff member, in whose
presence the application is being completed, that an individual is doing so
involuntarily or is otherwise impaired, the application will be
rejected. (E) After a request for voluntary exclusion has been
processed, confirmation of participation in the Ohio VEP will be sent to the
applicant in the manner requested on the application. Once approved, the Ohio
VEP agreement is effective regardless of whether delivery of a confirmation is
successful.
Last updated September 26, 2022 at 8:42 AM
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Rule 3770:2-8-03 | Responsibilities of voluntarily excluded individuals.
Effective:
September 25, 2022
(A) Participants in the Ohio VEP agree to
abide by all terms of the program, including refraining from entering all
excluded facilities or otherwise participating or attempting to participate in
any gambling or wagering activity offered at an excluded facility. (B) Except as provided in paragraph (C)
of this rule, a participant who violates the terms of the Ohio VEP at a video
lottery facility on a video lottery terminal, or at a type C sports gaming host
facility on a type C sports gaming proprietor system agrees to surrender to the
Ohio lottery commission any money or thing of value the individual has
converted or attempted to convert into a wagering instrument, and any prize
won, claimed, or attempted to be claimed, at the excluded facility. Any money
surrendered to the Ohio lottery commission will be used for the benefit of
problem gambling programs in Ohio. Participants who violate the terms of the
Ohio VEP at a casino or sports gaming facility, or on an online sports pool,
are subject to rule 3772-12-03 of the Administrative Code. (1) Seized assets at a
casino facility will be deposited into the state problem gambling and
addictions fund. (2) Seized assets at a
video lottery terminal facility will be deposited to the Ohio lottery
commission for the sole use of problem gambling prevention and
treatment. (3) Assets seized from a
type C sports gaming proprietor's system will be deposited to the Ohio
lottery commission for the sole use of problem gambling prevention and
treatment. (C) Participants in the Ohio VEP agree to
forfeit all points, complimentaries, or promotional credits earned by the
individual on or before the date the individual completed an application for
the Ohio VEP. If at the time the individual completes an application to
participate in the Ohio VEP, the individual is owed a cash amount from the
excluded facility, the individual will retain the right to receive that amount
from an excluded facility, even after enrollment in the Ohio VEP. No sports
gaming wager that is currently pending at the time of a participant's
enrollment in the Ohio VEP may be voided or canceled by either party solely due
to that participant's enrollment. To the extent that points,
complimentaries, or promotional credits earned on or before the date an
application is completed are redeemable for cash under an excluded
facility's marketing program, the individual may claim that
amount. (D) An individual who violates the terms
of the Ohio VEP by entering an excluded facility may be subject to criminal
prosecution. (E) The individual must remain a
participant in the Ohio VEP for at least the minimum duration of exclusion
selected by the individual before requesting to be removed, subject to rule
3770:2-8-05 of the Administrative Code. (F) An Ohio VEP participant may request
to increase the duration of participation in the program at any
time.
Last updated September 26, 2022 at 8:43 AM
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Rule 3770:2-8-04 | Responsibilities of excluded facilities under the jurisdiction of the Ohio lottery commission.
Effective:
October 27, 2022
(A) This section applies only to excluded
facilities and excluded entities under the jurisdiction of the Ohio lottery
commission. Each excluded facility and excluded entity must maintain a system
for indicating whether an individual is in the Ohio VEP and must update that
system with changes in the enrollment status of these individuals at least once
every seven days. (B) An excluded facility must immediately
notify an Ohio lottery commission employee if an Ohio VEP participant is found
on the premises of the excluded facility. Within seventy-two hours of the
incident, the excluded facility must provide a written report to the Ohio
lottery commission containing the following information: (1) The individual's
name; (2) The individual's
date of birth; (3) The circumstances of
discovery of the individual's presence at the facility; (4) The individual's
gaming activity, if any; and (5) The amount of any
jackpots, VLT credits and/or vouchers in the possession of the individual, or
any prize won, claimed, or attempted to be claimed, at an excluded
facility. (C) Nothing in this rule requires an
excluded facility or excluded entity to notify the Ohio lottery commission of
an individual found on premises who was on property solely for purposes of:
(1) Seeking removal from
the Ohio VEP; or (2) Claiming payments
owed to the participant. (D) Each excluded facility and excluded
entity must comply with the Ohio lottery commission's operating standards
to reports on Ohio VEP participants who violated the terms of the Ohio VEP
contained in Chapters 3770:2-8 and 3772-12 of the Administrative
Code. (E) Any amounts of money or things of value reported in
paragraph (B)(5) of this rule will be remitted to the Ohio lottery commission
in accordance with financial processing procedures. Each excluded entity must
notify an Ohio lottery commission employee if an Ohio VEP participant attempts
to claim a prize that is reportable to the IRS. Any amounts of money must be
remitted to the Ohio lottery commission in accordance with financial processing
procedures. (F) Nothing in this chapter will prohibit an excluded
facility, an excluded entity, or its employees and agents from seeking payment
of a debt from an Ohio VEP participant if the debt was accrued prior to the
individual's participation in the program. (G) No sports gaming wager that is
currently pending at the time of a participant's enrollment in the Ohio
VEP may be voided or canceled by either party solely due to that
participant's enrollment.
Last updated October 27, 2022 at 8:38 AM
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Rule 3770:2-8-05 | Removal from the Ohio voluntary exclusion program.
Effective:
September 25, 2022
(A) A participant in the Ohio VEP is not
automatically removed from the program at the end of the applicable exclusion
period. (B) An individual may be removed from the
one-year or five-year exclusion list by requesting and completing an unaltered
application for removal. (C) An individual may be removed from the
lifetime exclusion list, if the individual has: (1) Remained in the Ohio
VEP for at least five years; (2) Completed the Ohio
VEP education program on problem gambling awareness; and (3) Requested and
completed an unaltered application for removal.
Last updated September 26, 2022 at 8:43 AM
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Rule 3770:2-8-06 | Responsible gambling plan.
Effective:
September 25, 2022
(A) Each video lottery facility and type
C sports gaming proprietor shall comply with the Ohio lottery commission's
operating standards and provide a responsible gambling plan, which includes the
Ohio VEP procedures subject to approval of the director.
Last updated September 26, 2022 at 8:43 AM
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Rule 3770:2-8-07 | Prior voluntary exclusions.
Effective:
September 25, 2022
(A) This rule applies only to those
individuals who submitted their application to join the Ohio VEP between March
1, 2019, and the effective date of this rule, and have not yet sought removal
from the applicable program. (B) The individuals who submitted their application to join
the Ohio VEP prior to the effective date of this rule may continue their
participation and voluntary exclusion from only the four casino facilities and
seven video lottery terminal facilities in the state of Ohio. (C) The application for voluntary exclusion signed by the
individual at the time of enrollment governs their participation. These
individuals may submit an Ohio VEP application, pursuant to rule 3770:2-8-02 of
the Administrative Code. The individual's selected length of exclusion on
this application will supersede their previously selected length of exclusion
and will expand to all excluded entities and facilities. (D) Notwithstanding any rules to the contrary, or the terms
of the applicable application to join the voluntary exclusion program, those
individuals who selected the lifetime exclusion are permitted to seek removal
from the Ohio VEP if they comply with the requirements set forth in paragraph
(C) of rule 3770:2-8-05 of the Administrative Code.
Last updated September 26, 2022 at 8:43 AM
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