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May 5, 2016 Filing: Five-Year Review

Created by Executive Order 2011-01K, the Common Sense Initiative (CSI), and Senate Bill 2 of the 129th General Assembly, require state agencies, including the Casino Control Commission, to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the business community (as defined by Senate Bill 2), and provide opportunity for the affected public to provide input on the rules. 

The Ohio Casino Control Commission submitted the following proposed rules to the CSI office for review on May 5, 2016: 

Brief Explanation of the Rules 

Ohio law mandates that agencies review existing rules to determine if the rules would benefit from modification or repeal. This review must occur within five years of a rule’s effective date. This batch involves rules of general application and the Commission, generally. Many of these amendments are small housekeeping changes to tighten up and clarify rule language. Several amendments are aimed at harmonizing Ohio Adm. Code 3772 with the Legislative Service Commission’s (LSC) Rule Drafting Manual. Most notably, the changes ensure that provisions of general applicability apply to all Commission rules by replacing the words “this chapter” with “rules adopted by the commission.”

3772-1 General Provisions (6 rules)

  • 3772-1-01 (amendment), titled “Definitions.” Presently, this rule defines words that have general application throughout all Commission rules. The changes to the rule are made to comport with the LSC Rule Drafting Manual and are to ensure that these definitions do apply to all Commission rules and not just Chapter 1 of Ohio Adm. Code 3772.
  • 3772-1-02 (amendment), titled “Authority and Purpose.” Presently, this rule amplifies the Commission’s statutory authority to adopt rules under Chapter 3772 of the Revised Code for the purpose of ensuring the integrity of casino gaming. The changes to this rule are solely the LSC Rule Drafting Manual changes noted in the opening paragraph. This ensures the Commission’s authority and purpose applies to all Commission rules instead of solely Chapter 1 of Ohio Adm. Code 3772.
  • 3772-1-03 (no change), titled “Adoption, amendment and repeal.” This rule is not being amended. Presently, the rule provides that the Commission may adopt, amend, or repeal any rule it deems necessary and proper to ensure the successful and efficient regulation of casino gaming, so long as the Commission follows the procedures established under Chapter 119 of the Revised Code.
  • 3772-1-04 (amendment), titled “Waivers and variances.” Presently, this rule specifies the process through which an applicant or licensee may seek a waiver from provisions of rules adopted by the Commission. The changes to this rule are mostly housekeeping amendments intended to clarify and streamline rule language. For instance, “licensee and applicant” has been replaced with “requestor” in certain instances to clarify that more than just applicants and licensees may request waivers. The amendment also clarifies that waivers of the reapplication “cool off” period must be made in writing.
  • 3772-1-05 (amendment), titled “Construction.” Presently, this rule provides how the Commission will construe its rules, specifically that the Commission will follow the generally accepted principles of statutory construction and that ambiguities should be resolved in the favor of what would best protect the integrity of casino gaming. The changes to this rule are made to comport with the LSC Rule Drafting Manual, which will help ensure this rule is applied to all Commission rules and not just those in Chapter 1 of Ohio Adm. Code 3772.
  • 3772-1-06 (no change), titled “Minimum licensure requirements.” This rule is not being amended. Presently, this rule provides that the Commission shall issue a license for not more than three years, if the applicant has met all conditions imposed by the Code and Commission rule. The rule also specifies that no minimum education or experiential requirement for licensure exists.

3772-2 Ohio Casino Control Commission (12 rules)

  • 3772-2-01 (amendment), titled “Organization.” This rule reaffirms some basics of the Commission, including its makeup and the authority of the Chair, Vice-Chair, and Executive Director. The changes to this rule are solely capitalization changes to correct typographical errors.
  • 3772-2-02 (amendment), titled “Commission procedure.” The rule specifies that the Commission shall follow its own internal rules of procedure unless Chapter 3772 of the Revised Code specifies otherwise. In the absence of specified Commission procedures, Robert’s Rules of Order Newly Revised apply. The only amendment to this rule is to fix a typographical error by adding the word “of.”
  • 3772-2-03 (amendment), titled “Commission meetings.” This rule presently sets out general provisions for Commission meetings, including the amount of Commissioners needed for a quorum, the amount of votes needed for Commission action, and that records shall be kept of Commission proceedings. The changes to the rule are all housekeeping amendments.
  • 3772-2-04 (amendment), titled “Requests to address the commission.” Presently, this rule sets out the procedure by which any person can request to address the Commission. The rule requires a written request submitted at least five business days prior to a Commission meeting and that certain documents and requests for time be submitted three days in advance. The Executive Director has the power to approve the request. All changes to this rule are housekeeping amendments aimed at clarifying and tightening rule language.
  • 3772-2-05 (amendment), titled “Delegation of commission authority.” This rule sets out the parameters for delegation of Commission authority to staff. The Commission can delegate any of its functions, through formal action, but the Commission retains authority to review determinations made by staff. The amendments to this rule are largely housekeeping and are intended to clarify and streamline language. One clarifying change of note is that the new language makes clear that any determination by staff can be reviewed, not just determinations objected to by an adversely affected party.
  • 3772-2-06 (amendment), titled “Subpoena power.” This rule amplifies the Commission’s power to require testimony under oath and the issuance of subpoenas in order to discharge its duties under Chapter 3772 of the Revised Code, including certain enforcement mechanisms. The only change to this rule moves around language in order to streamline the rule.
  • 3772-2-07 (amendment), titled “Ethics and code of conduct.” This rule requires the Commission to adopt and adhere to a code of ethics, as well as to adhere to certain ethical provisions in the Revised Code. The only amendments to this rule are not of substance and are intended to streamline the rule.
  • 3772-2-08 (amendment), titled “Definitions.” This rule provides definitions for rules 3772-2-08 through 3772-2-12, which were adopted pursuant to section 1347.15 of Revised Code. These rules, which are required by statute, are intended to ensure that all confidential information the Commission keeps is securely kept. The only amendment to this rule is to clarify that for purposes of these rules, “agency” means the Ohio Casino Control Commission.
  • 3772-2-09 (no change), titled “Procedures for accessing confidential personal information.” This rule is not being amended. This rule prescribes that access to systems containing confidential personal information be accessible on a need-to-know basis. The rule also details how the Commission will handle notifying an individual of improper access and requires that the Commission appoint a data privacy point of contact to ensure adherence with confidential personal information provisions.
  • 3772-2-10 (no change), titled “Valid reasons for accessing confidential personal information.” This rule is not being amended. This rule prescribes the reasons for which a Commission employee may access confidential personal information. Broadly, an employee can access such information for the purpose of fulfilling their authorized job duties.
  • 3772-2-11 (no change), titled “Confidentiality statutes.” This rule is not being amended. The rule provides a list of what statutes make what information confidential. These include social security numbers under the federal Privacy Act, BCI criminal records checks under Ohio law, and certain other information designated as such under Section 3772.16 of the Revised Code.
  • 3772-12 (no change), “Restricting and logging access to confidential personal information in computerized personal information systems.” This rule is not being amended. This rule prescribes the manner in which the Commission shall limit access to computer systems containing confidential personal information. The crux of this limitation is requiring a password to access such information and a log of when such information is accessed.

Associated CSI Documents
Business Impact Analysis

Contact Information for Comments

The Commission welcomes comments regarding these proposed rules. To ensure your comments are considered as part of the Common Sense Initiative (“CSI”) review period, the Commission should receive them no later than May 20, 2016.

Any questions or comments with respect to these rules may be directed to William Cox via email at William.Cox@casinocontrol.ohio.gov or U.S. Mail at 10 West Broad Street, 6th Floor, Columbus, Ohio 43215. Comments may also be directed to the CSI Office at csipubliccomments@governor.ohio.gov.


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