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 19, 2021:
Brief Explanation of the Rules
The rules presented here are being reviewed pursuant to the state’s rule-review requirement in R.C. 106.03. Many of the revisions are meant to improve clarity or readability or to reduce redundancies in and between the Administrative and Revised Codes.
3772-22-01 (amendment), titled “Sanctions.” This rule permits the Commission to discipline any licensee or applicant for specific actions. The rule further provides that the Commission may impose any discipline set forth in R.C. Chapter 3772 and lists the criteria that the Commission may take into effect in considering punishment. The purpose of the rule is to permit the Commission to effectively regulate the integrity of casino gaming by ensuring that those who violate R.C. Chapter 3772 or the rules adopted thereunder are held accountable. Additionally, this rule is required by R.C. 3772.03(D)(23). The amendments to this rule are simply to improve readability and clarity.
3772-23-01 (new), titled “Involuntary exclusion list.” This rule, while new, is comprised of current Ohio Adm.Code Chapter 3772-23, which is being completely rescinded and combined into this one rule. The rule contains those provisions from current Ohio Adm.Code Chapter 3772-23 that were not already spelled out in the Revised Code or other provisions of the Administrative Code. This includes provisions describing the involuntary exclusion list, explicit statements both that individuals on the list cannot enter casino facilities and that operators must exclude individuals on the list from entering their facility, and requiring that operators notify the Commission’s gaming agents should a person on the list be discovered on site. The purpose of this rule is to refine involuntary exclusion list requirements not covered elsewhere in the Revised Code. Additionally, this rule is required by R.C. 3772.031.
3772-23-06 (rescind), titled “Casino operator duties.” This rule established the responsibilities of casino operators with regards to the involuntary exclusion list, including requiring operators to adopt internal controls and train their employees on the involuntary exclusion list. The rule is being rescinded since it is duplicative of other provisions in the Revised and Administrative Codes. However, the requirements that an operator exclude individuals on the list and notify Commission gaming agents if a person on the list is found in the facility will continue in new Ohio Adm.Code 3772-23-01(C) and (D).
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 June 4, 2021.
Any questions or comments with respect to these rules may be directed to Matt Oyster via email at Matt.Oyster@casinocontrol.ohio.gov or U.S. Mail at 100 East Broad Street, 20th Floor, Columbus, Ohio 43215. Comments may also be directed to the CSI Office at firstname.lastname@example.org.
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