[48 Pa.B. 2631]
[Saturday, May 5, 2018]
[Continued from previous Web Page]
CHAPTER 812. INTERACTIVE GAMING PLAYER ACCOUNTS—TEMPORARY REGULATIONS Sec.
812.1. Definitions. 812.2. Player account registration. 812.3. Account security. 812.4. Single account requirement. 812.5. Account terms and conditions disclosures. 812.6. Self-exclusion list. 812.7. Player funding of accounts. 812.8. Player loyalty programs. 812.9. Player account controls. 812.10. Player withdrawals. 812.11. Player account statements. 812.12. Suspended accounts. 812.13. Dormant accounts. 812.14. Use of player data. § 812.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Electronic identifier—A unique identifier, other than personal identifying information (for example, a Social Security number), used to identify a player.
Player session—A player session consists of all activities and communications performed by an authorized registered player and the interactive gaming system between the time the registered player logs in to the interactive gaming system and the time the registered player logs out or is logged out of the interactive gaming system.
Strong authentication—A method that is intrinsically stringent enough to ensure the security of the system it protects by withstanding any attacks it is likely to encounter by combining at least two mutually-independent factors so that the compromise of one method should not lead to the compromise of the second and includes one nonreusable element, which cannot easily be reproduced or stolen from the Internet, to verify the identity of a registered player.
§ 812.2. Player account registration.
(a) Prior to engaging in interactive gaming, a player shall establish an interactive gaming account.
(b) To establish an interactive gaming account, the player shall provide all of the following information:
(1) The player's legal name.
(2) The player's date of birth.
(3) The entire or last four digits of the player's Social Security number, if voluntarily provided, or equivalent for a foreign player such as a passport or taxpayer identification number.
(4) The player's address.
(5) The player's e-mail address.
(6) The player's telephone number.
(7) Any other information collected from the player to verify his identity.
(c) An interactive gaming certificate holder or interactive gaming operator licensee shall create and maintain an electronic player file containing the information the player submitted to establish the player account.
(d) The electronic player file created by an interactive gaming certificate holder or interactive gaming operator licensee must encrypt the information in an electronic player file.
(e) The interactive gaming certificate holder or interactive gaming operator licensee shall verify the player's identity and record the document number of the govern- ment-issued credential examined, or other methodology for remote, multisourced authentication, which may include third-party and governmental databases, as approved by the Board.
(f) The interactive gaming certificate holder or interactive gaming operator licensee shall verify that the player is of the legal age of 21 years of age, not self-excluded or otherwise prohibited from participation in interactive gaming.
(g) The interactive gaming certificate holder or interactive gaming operator licensee shall require the player to affirm that the information provided to the interactive gaming certificate holder is accurate.
(h) The interactive gaming certificate holder or interactive gaming operator licensee shall record the player's acceptance of the interactive gaming certificate holder's terms and conditions to participate in interactive gaming.
(i) The interactive gaming certificate holder or interactive gaming operator licensee shall record the player's acknowledgement that the legal age for interactive gaming is 21 years of age and that he is prohibited from allowing any other person to access or use his interactive gaming account.
(j) The interactive gaming certificate holder or interactive gaming operator licensee shall record the player's acknowledgement that any violations of the interactive gaming regulations are subject to the penalties provided in the act and may result in criminal prosecution under 18 Pa.C.S. (relating to Crimes Code).
(k) The interactive gaming certificate holder or interactive gaming operator licensee shall require the player to establish a password or other access security feature as approved by the Board and advise the player of the ability to utilize strong authentication login protection.
(l) The interactive gaming certificate holder or interactive gaming operator licensee shall notify the player of the establishment of the account by e-mail or first class mail.
§ 812.3. Account security.
(a) An interactive gaming system must utilize sufficient security to ensure player access is appropriately limited to the registered account holder. Unless otherwise authorized by the Board, security measures must include, at a minimum, all of the following:
(1) A username.
(2) A password of sufficient length and complexity to ensure its effectiveness.
(3) Upon account creation, the option for users to choose strong authentication login protection.
(4) When a player logs into his registered interactive gaming account, the system must display the date and time of the player's previous log on.
(5) An option to permit a player to elect to receive an electronic notification to the player's registered e-mail address, cellular phone or other device each time an interactive gaming account is accessed.
(6) The interactive gaming system must require a player to re-enter his username and password after 15 minutes of user inactivity.
(b) An interactive gaming certificate holder or interactive gaming operator licensee may not permit the creation of anonymous interactive gaming accounts or accounts using fictitious names. A registered player may, while engaged in interactive gaming, represent himself using a screen name other than his actual name.
(c) An interactive gaming system must provide an account statement with account details to a player, on demand, which must include information as required under this chapter.
(d) An interactive gaming system must utilize sufficient security to ensure third-party access to player accounts is limited as follows:
(1) Network shared drives containing application files and data for interactive gaming system must be secured so that only authorized personnel may gain access.
(2) Login accounts and passwords required to administer network and other equipment are secured so that only authorized IT personnel from the interactive gaming certificate holder or interactive gaming operator licensee may gain access to these devices.
(3) Remote access by vendor personnel to any component of the interactive gaming system is allowed for purposes of support or updates and is enabled only when approved by authorized IT personnel employed by the technology provider.
(e) Interactive gaming certificate holders and interactive gaming operator licensees may utilize third-party vendors to verify player information so long as those vendors are licensed by the Board when required and the agreements related to the provided services is submitted to the Board.
§ 812.4. Single account requirement.
(a) A player shall have only one interactive gaming account for each interactive gaming certificate holder or interactive gaming operator licensee. Each interactive gaming account must be nontransferable, unique to the player who establishes the account, and distinct from any other account number that the player may have established with the interactive gaming certificate holder or interactive gaming operator licensee for noninteractive gaming activity.
(b) Each registered player account shall be treated independently and players may not be permitted to transfer funds between accounts held with different interactive gaming certificate holders or interactive gaming operator licensees. Registered players are prohibited from transferring funds to an account held by another player.
(c) To ensure compliance with this subpart, interactive gaming certificate holders and interactive gaming operators shall:
(1) Record and maintain the physical location of the registered player while logged in to the interactive gaming account.
(2) Ensure that a registered player does occupy more than one position at a game at any given time.
§ 812.5. Account terms and conditions disclosures.
(a) During the registration process the player shall agree to the terms and conditions which govern the relationship between the interactive gaming certificate holder or interactive gaming operator licensee and the player. The terms and conditions must include a privacy policy which governs the protection and use of the player's data.
(b) The terms and conditions provided to players by interactive gaming certificate holders and interactive gaming operator licensees shall be submitted to the Bureau of Gaming Operations for review. The terms and conditions must contain, at minimum, all of the following:
(1) The name and address of the interactive gaming certificate holder or interactive gaming operator licensee.
(2) A statement that the interactive gaming certificate holder or interactive gaming operator licensee is licensed and regulated by the Board for the purposes of operating and offering interactive gaming services in this Commonwealth.
(3) A requirement that the player acknowledges that he has read the terms and conditions and agrees to be bound by them.
(4) A requirement that the player will comply with all applicable laws, statutes and regulations.
(5) A statement that no individual under 21 years of age may participate in interactive gaming and that it is a criminal offense to allow a person who is not legally of age to participate in interactive gaming in this Commonwealth.
(6) A statement that the player consents to verification of registration information including name, address, date of birth, Social Security number, passport identification (for non-United States residents) and any other identification information required to confirm age and identity.
(7) A statement that the player consents to verification of his location for the duration of play of interactive games.
(8) A statement that players have the right to set responsible gaming limits and to self-exclude from interactive gaming.
(9) A dispute resolution policy including notifying players of their right to file a complaint with the Board.
(10) A player disconnection policy.
(11) Any other information that may be required by the Board.
§ 812.6. Self-exclusion list.
(a) All interactive gaming certificate holders and interactive gaming operator licensees shall have a link to the self-exclusion page of the Board web site.
(b) Any person seeking to place his name on the self-exclusion list shall follow the procedures in the Board's regulations.
§ 812.7. Player funding of accounts.
(a) A player's interactive gaming account may be funded through the use of all of the following:
(1) Cash deposits made directly with the interactive gaming certificate holder or interactive gaming operator licensee.
(2) Personal checks, cashier's checks, wire transfer and money order deposits made directly or mailed to the interactive gaming certificate holder or interactive gaming operator licensee.
(3) A player's credit card or debit card, including prepaid cards.
(4) A player's deposit of cash, gaming vouchers or gaming chips at a cashiering location approved by the Board.
(5) A player's reloadable prepaid card, which has been verified as being issued to the player and is nontransferable.
(6) Cash complimentaries, promotional credits or bonus credits.
(7) Winnings.
(8) Automated clearing house (ACH) transfer, provided that the interactive gaming certificate holder or interactive gaming operator licensee has security measures and controls to prevent ACH fraud. A failed ACH deposit attempt may not be considered fraudulent if the player has successfully deposited funds through an ACH transfer on a previous occasion with no outstanding chargebacks. If the interactive gaming certificate holder or interactive gaming operator licensee suspects fraud after multiple failed ACH deposit attempts, the interactive gaming certificate holder or interactive gaming operator licensee may temporarily freeze or suspend the player's account to investigate and, if the interactive gaming certificate holder or interactive gaming operator licensee determines that fraud has occurred, suspend the player's account.
(9) Adjustments made by the interactive gaming certificate holder or interactive gaming operator licensee following the resolution of disputes provided there is documented notification to the player.
(10) Any other means as approved by the Board.
(b) An interactive gaming certificate holder or interactive gaming operator licensee shall neither extend credit to a player nor allow the deposit of funds into an interactive gaming account that are derived from the extension of credit by affiliates or agents of the interactive gaming certificate holder or interactive gaming operator licensee.
(c) A player's interactive gaming account may not have a negative account balance.
(d) Player account balances must be updated after each game cycle to ensure that sufficient funds are available for any future real money games the player may choose to play.
(e) Interactive gaming certificate holders or interactive gaming operator licensees may not accept or facilitate a wager:
(1) On any interactive game not approved by the Board for play in this Commonwealth.
(2) On any interactive game which the operator knows or reasonably should know is not between individuals.
(3) On any interactive game which the operator knows or reasonably should know is made by a person on the self-exclusion or the Board's exclusion lists.
(4) From a person who the interactive gaming certificate holder or interactive gaming operator licensee knows or reasonably should know is placing the wager in violation of State or Federal law.
(5) From any licensed individual who is not permitted to participate in interactive gaming by virtue of his position with an interactive gaming certificate holder, interactive gaming operator licensee or other affiliated entity.
(f) All adjustments to interactive gaming accounts for amounts of $500 or under shall be periodically reviewed by supervisory personnel as set forth in the interactive gaming certificate holder's or interactive gaming operator licensee's internal controls. All other adjustments shall be authorized by supervisory personnel prior to being entered.
§ 812.8. Player loyalty programs.
If player loyalty programs are supported by an interactive gaming system, all of the following must apply:
(1) Redemption of registered player loyalty points earned must be by a secure transaction that automatically debits the points balance for the value of the prize redeemed.
(2) All registered player loyalty database transactions are to be recorded by the interactive gaming system. If the player loyalty program is provided by an external service provider, the interactive gaming system must be capable of securely communicating with that service.
(3) The interactive gaming system must make readily accessible to the registered player all terms and conditions governing each available promotional or bonus feature.
(4) The terms and conditions must be clear and unambiguous, especially when bonuses or promotions are limited to certain tables or nontournament play, or when other specific conditions apply.
§ 812.9. Player account controls.
(a) A player session is started when a player logs in to the interactive gaming system.
(1) A player must be provided with the electronic identifier created by the interactive gaming certificate holder or interactive gaming operator, if applicable, and a password to start a session.
(2) The interactive gaming system must allow players to change their passwords.
(3) When a player has forgotten his password/PIN, the interactive gaming system must provide a secure process for the reauthentication of the player and the retrieval or resetting, or both, of the password/PIN. Processes for dealing with lost player user IDs or passwords must be clearly described to the player.
(4) When a player logs in to the interactive gaming system, the date and time of his prior player session must be displayed.
(5) Each player session must have a unique identifier assigned by the interactive gaming system which distinguishes the current session from previous and future sessions.
(b) During a peer-to-peer game, the software must permit a player to set an away from computer status (that is, self-imposed session inactivity). This functionality must be fully described in the help screens or applicable terms and conditions.
(1) The away from computer status must disallow all play and also cause the player's turn to be automatically skipped during any round of play which takes place while this status is active.
(2) If a player sets an away from computer status during the middle of a round of play, he automatically forfeits play for that round (for example, for a round of poker, the software must automatically fold the player's hand during the next round of betting).
(3) If a player performs any game action within the game window while in an away from computer status, the status must be removed and the player will be enrolled into the next round of play. Nongame sensitive actions, such as accessing the help menu from the game window do not require this status to be removed.
(4) If action has not been taken by the player within the time period specified in the help screens or the terms and conditions, or both, the player must be automatically placed into the away from computer status.
(5) If a player has been in the away from computer status for over 30 minutes, the player must be automatically logged out of the game or player account, or both.
(c) Interactive gaming systems must employ a mechanism that detects session inactivity and terminates a player session when applicable.
(1) If the interactive gaming system fails to receive a response from the interactive gaming device within 30 minutes, whether the player has been in away from computer mode or not, the interactive gaming system must implement a user inactivity timeout and terminate the player session.
(2) If a player session is terminated due to player inactivity timeout, the interactive gaming device must display to the player the player session termination (that is, the user inactivity timeout) upon the player's next attempted action on the interactive gaming system.
(3) Further game play is not permitted until the interactive gaming system and the interactive gaming device establish a new session.
(d) A player session ends when:
(1) The player notifies the interactive gaming system that the session is finished (for example, logs out).
(2) A session inactivity timeout is reached.
(3) The interactive gaming system terminates the session.
(i) When the interactive gaming system terminates a player session, a record must be written to an audit file that includes the termination reason.
(ii) The interactive gaming system must attempt to send a session finished message to the interactive gaming device each time a session is terminated by the interactive gaming system.
(e) A responsible gaming page must be readily accessible from any screen where game play may occur. The responsible gaming page must contain, at a minimum, all of the following:
(1) Information about potential risks associated with gambling and where to get help for a gambling problem.
(2) A list of the responsible gaming measures that can be invoked by the player, such as player session time limits and bet limits, and an option to enable the player to invoke those measures.
(3) Mechanisms which detect unauthorized use of the player's account, such as observing the Last Log in Time Display, the IP address of the last login and reviewing financial account information.
(4) A link to the terms and conditions that the player agreed to be bound to by entering and playing on the site.
(5) A link to the applicable privacy policy.
(6) A link to Board's web site.
(f) All links to player protection services (for example, self-exclusion and other player imposed limits) provided by third parties are to be tested by the interactive gaming certificate holder or interactive gaming operator licensee periodically as required by the Board. Game play may not occur when links used to supply information on player protection services are not displayed or are not operational. When the link to player protection services is no longer available, the interactive gaming certificate holder or interactive gaming operator licensee shall provide an alternative support service.
(g) Players must be provided with a clear mechanism to impose self-limitations for gaming parameters including deposits, wagers, losses and player session durations as required by the Board. The self-limitation mechanism must provide all of the following functionality:
(1) Any decrease to self-limitations for gaming must be effective no later than the player's next login. Any increase to these limits must become effective only after the time-period of the previous limit has expired and the player reaffirms the requested increase.
(2) A deposit limit as determined by the player must be offered on a daily, weekly and monthly basis, and must specify the maximum amount of money a player may deposit into his interactive gaming account during the designated period of time.
(3) A spend limit as determined by the player must be offered on a daily, weekly and monthly basis, and must specify the maximum amount of player deposits that may be put at risk during a designated period of time.
(4) A time-based limit as determined by the interactive gaming account holder must be offered on a daily basis and must specify the maximum amount of time that a player may spend playing on an interactive gaming system, provided that if the time-based limit is reached a player will be permitted to complete any round of play, or active or prepaid tournament.
(i) The self-limitations set by a player may not override any system imposed limitations or contradict information within the game rules.
(ii) Once established by a player and implemented by the interactive gaming system, it must only be possible to reduce the self-limitations upon 24-hour notice.
(h) The interactive gaming system must be capable of applying system-imposed limits as required by the terms and conditions agreed to by the player upon registration and as required by the Board. System-imposed limits must adhere to all of the following:
(1) Players must be notified in advance of any system-imposed limits and their effective dates.
(2) Once updated, system-imposed limits must be consistent with what is disclosed to the player.
(3) Upon receiving any system-limitation request, the interactive gaming system must ensure that all specified limits are correctly implemented immediately or at a specified time (that is, next login, next day, and the like) that was clearly indicated to the player.
(4) In cases when system-imposed limitation values (for example, deposit, wager, loss and player session duration) are greater than self-imposed player limit values, the system-imposed limitations must take priority.
(i) Players must be provided with an easy and obvious mechanism to self-exclude from game play. The self-exclusion mechanism must provide all of the following functionality:
(1) The player must be provided with the option to self-exclude temporarily for a specified period of time as defined in the terms and conditions, or indefinitely.
(2) In the case of temporary self-exclusion, the interactive gaming system must ensure that:
(i) Immediately upon receiving the self-exclusion order, new bets or deposits are not accepted from that player until the temporary self-exclusion has expired.
(ii) During the temporary self-exclusion period, the player is not prevented from withdrawing any or all of his account balance, provided that the interactive gaming system acknowledges that the funds have cleared.
(iii) In the case of indefinite self-exclusion, the interactive gaming system must ensure that:
(A) The player is paid in full for his account balance, provided that the interactive gaming system acknowledges that the funds have cleared.
(B) All player accounts must be closed or deactivated.
(j) The interactive gaming system must provide a clear mechanism to advise the player of the right to make a complaint against the interactive gaming certificate holder, interactive gaming operator licensee or another player (that is, when collusion is suspected or when a player is disruptive or abusive).
§ 812.10. Player withdrawals.
(a) An interactive gaming certificate holder or interactive gaming operator licensee shall establish protocols for players to withdraw funds, whether an interactive gaming account is open or closed.
(b) An interactive gaming certificate holder or interactive gaming operator licensee shall prevent unauthorized withdrawals from an interactive gaming account.
(c) Funds may be withdrawn from a player's interactive gaming account for all of the following:
(1) The funding of game play.
(2) A cash-out at the cashier's cage immediately upon player's request.
(3) A cash-out through the issuance of a check from the interactive gaming certificate holder or interactive gaming operator licensee.
(4) A cash-out transfer to a player's reloadable prepaid cash card, which has been verified as being issued to the player and is nontransferable.
(5) Adjustments made by the interactive gaming certificate holder or interactive gaming operator licensee following the resolution of disputes provided there is documented notification to the player.
(6) Cash-out transfers directly to the player's individual account with a bank or other financial institution (banking account) provided that the interactive gaming certificate holder or interactive gaming operator licensee verifies the validity of the account with the financial institution.
(7) Any other means approved by the Board.
(d) An interactive gaming certificate holder or interactive gaming operator licensee may not permit a player to transfer funds to another player.
§ 812.11. Player account statements.
(a) At the request of a player, interactive gaming systems must provide an interactive gaming account statement which must include detailed account activity for at least the 6 months preceding the request. In addition, an interactive gaming system must, upon request, be capable of providing a summary statement of all player activity during the past year. Information to be provided on the summary statement must include, at a minimum, all of the following:
(1) Deposits to the interactive gaming account.
(2) Withdrawals from the interactive gaming account.
(3) Win or loss statistics.
(4) Beginning and ending account balances.
(5) Self-imposed responsible gaming limit history, if applicable.
(b) Account statements must be sent to the registered address (e-mail or first class) of the player upon request for the time period specified.
§ 812.12. Suspended accounts.
(a) Interactive gaming systems must employ a mechanism to place an interactive gaming account in a suspended mode:
(1) When requested by the player for a specified period of time, which may not be less than 72 hours.
(2) When required by the Board.
(3) When initiated by an interactive gaming certificate holder or interactive gaming operator licensee that has evidence to indicate all of the following:
(i) Illegal activity.
(ii) A negative player account balance.
(iii) A violation of the terms of service has taken place on an authorized registered player's interactive gaming account.
(b) When an interactive gaming account is in a suspended mode, the interactive gaming certificate holder or interactive gaming operator licensee may not remove funds from the account without prior approval from the Board. In addition, the interactive gaming system must do all of the following:
(1) Prevent the player from engaging in interactive gaming.
(2) Prevent the player from depositing funds.
(3) Prevent the player from withdrawing funds from his interactive gaming account, unless the suspended mode was initiated by the player.
(4) Prevent the player from making changes to his interactive gaming account.
(5) Prevent the removal of the interactive gaming account from the interactive gaming system.
(6) Prominently display to the authorized player that the account is in a suspended mode, the restrictions placed on the account and any further course of action needed to remove the suspended mode.
(c) An interactive gaming certificate holder or interactive gaming operator licensee shall notify the player by mail (first class or e-mail) whenever his interactive gaming account has been closed or placed in a suspended mode. The notification must include the restrictions placed on the account and any further course of action needed to remove the restriction.
(d) A suspended account may be restored:
(1) Upon expiration of the time period established by the player.
(2) When permission is granted by the Board.
(3) When the interactive gaming certificate holder or interactive gaming operator licensee has lifted the suspended status.
§ 812.13. Dormant accounts.
(a) An interactive gaming account will be deemed dormant if there is no activity (login, game play, withdrawal, and the like) for 1 year.
(b) Interactive gaming certificate holders and interactive gaming operator licensees shall provide notification to the player at the player's registered address (physical or electronic) if the player's interactive gaming account remains dormant for 1 year.
(c) Funds remaining on deposit in an interactive gaming account which is dormant and for which the player has not requested payment must be abandoned 60 days after the notice in subsection (b) is provided. Interactive gaming certificate holders and interactive gaming operator licensees shall report abandoned funds from dormant accounts in accordance with rules and regulations on abandoned and unclaimed property set forth by the Pennsylvania Treasury, Bureau of Abandoned and Unclaimed Property.
§ 812.14. Use of player data.
(a) An interactive gaming certificate holder, interactive gaming operator licensee, or an employee or other person engaged in duties related to the conduct of interactive gaming may not disclose information about the name of a player, or other identifying information.
(b) Interactive gaming certificate holders or interactive gaming operator licensees with employees who have direct contact with players by phone, e-mail, electronic chat or other means shall implement training for those employees, at the start of their employment and at regular intervals thereafter, addressing recognition of the nature and symptoms of problem gambling behavior and how to assist players in obtaining information regarding help for a gambling problem and self-exclusion program.
CHAPTER 814. COMPULSIVE AND PROBLEM GAMBLING REQUIREMENTS—TEMPORARY REGULATIONS Sec.
814.1. General requirements. 814.2. Responsible gaming self-limits. 814.3. Compulsive and problem gambling plan. 814.4. Employee training program. 814.5. Reports. 814.6. Website requirements. § 814.1. General requirements.
(a) Interactive gaming shall only be engaged in by registered players who have established an interactive gaming account for interactive gaming.
(b) The message ''IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE, CALL 1-800-GAMBLER,'' or comparable language approved the Board, must be prominently displayed to a person visiting or logging onto and logging off of the interactive gaming certificate holder or interactive gaming operator licensee's interactive gaming skin.
(c) When a registered player logs on to an interactive gaming system, the system must display the date and time of the registered player's previous log on.
(d) If a registered player has suspended his account, an interactive gaming certificate holder or interactive gaming operator licensee may not send gaming-related electronic or direct postal mail to that player while the account is suspended.
(e) Software utilized for interactive gaming must display the all of following information, in addition to the minimum display standards in this subpart:
(1) The current time in the time zone where the registered player is physically located and the time elapsed while in the current registered player session.
(2) Cause a pop-up notification, at least every hour, to be prominently displayed on the interactive gaming device advising the registered player of the amount of time elapsed since his log on, and the amount of money wagered since his log on.
(3) Offer the registered player the option to select a pop-notification, in 15-minute and 30-minute increments, advising the registered player of the amount of money wagered since his log on.
(4) Offer the option to activate self-imposed limits during the player account registration process.
(f) An interactive gaming certificate holder or interactive gaming operator licensee offering interactive gaming shall have a dedicated employee responsible for notifying the Board upon detecting a person participating in interactive gaming who is required to be excluded under Board regulations or any person who is otherwise prohibited from engaging in interactive gaming. This employee shall be licensed as a key employee.
(g) All terms and conditions for interactive gaming must be included as an appendix to the internal controls or, when specified, as part of the interactive gaming compulsive and problem gambling plan of the interactive gaming certificate holder or interactive gaming operator licensee addressing all aspects of the operation, including all of the following:
(1) Registered player's right to set responsible gaming limits and to self-exclude.
(2) Registered player's right to suspend his account for any selected period of time.
(3) Information to be displayed on a registered player protection page, which shall be accessible to a registered player during a registered player session. The registered player protection page must contain, at a minimum, all of the following:
(i) A prominent message, which states ''If you or someone you know has a gambling problem, help is available. Call 1-800-Gambler'' in a size and font as approved the Director of the Office of Compulsive and Problem Gaming (OCPG).
(ii) A direct link to all of the following:
(A) The Council on Compulsive Gambling of Pennsylvania's web site.
(B) The Department of Drug and Alcohol Programs' (or successor agency) gambling addiction participating provider list webpage.
(C) The OCPG webpage.
(iii) All of the following responsible gaming information that shall be approved by the Board's Director of the OCPG:
(A) A clear statement of the interactive gaming certificate holder or interactive gaming operator licensee's policy and commitment to responsible gaming.
(B) Informational documents, which shall be reviewed and updated annually by the interactive gaming certificate holder or interactive gaming operator licensee, regarding all of the following subjects, or a direct link to information regarding all of the following subjects, if available, from an organization based in this Commonwealth or the United States dedicated to helping people with potential gambling disorders and labeled as:
(I) Rules of responsible gambling.
(II) Myths about gambling.
(III) Risks associated with gambling.
(IV) Signs and symptoms of gambling disorders.
(V) The Board's self-exclusion brochure.
(C) Rules governing self-imposed responsible gaming limits, including all of the following:
(I) List of each type of self-imposed limit.
(II) How to enroll in each type of self-imposed limit.
(iv) The following statement: ''A person who has enrolled in interactive gaming self-exclusion or has otherwise been excluded from interactive gaming activities, and individuals who are under the age of 21, shall not participate in interactive gaming or interactive gaming activities and will have their winnings forfeited and interactive gaming accounts suspended upon violation.'' The text and font size of the notices shall be submitted for approval to the Director of the OCPG.
(h) An interactive gaming system must comport with all requirements regarding player accounts in Chapter 812 (relating to interactive gaming player accounts—temporary regulations).
§ 814.2. Responsible gaming self-limits.
An interactive gaming system must be capable of allowing a registered player to establish the following responsible gaming limits. Any decrease to these limits may not be effective later than the registered player's next login. Any increase to these limits must become effective only after the time period of the previous limit has expired and the registered player reaffirms the requested increase:
(1) A deposit limit must be offered on a daily, weekly and monthly basis and must specify the maximum amount of money a registered player may deposit into his interactive gaming account during a particular period of time.
(2) A limit on the amount of money lost within a daily, weekly and monthly basis must be offered. The registered player shall be unable to participate in gaming for the remainder of the time selected if the registered player reaches the loss limit.
(3) A limit on the maximum amount of any single wager on any interactive game.
(4) A time-based limit must be offered on a daily basis and must specify the maximum amount of time, measured hourly from the registered player's login to log off, a registered player may spend engaging in interactive gaming, provided that if the time-based limit is reached a registered player is permitted to complete any round of play, or active or prepaid tournament.
(5) A temporary suspension of interactive gaming through the interactive gaming account must be offered for any number of hours or days, as selected by the registered player.
(6) The interactive gaming certificate holder or interactive gaming operator licensee shall provide a mechanism by which a registered player may change the controls of paragraphs (1)—(5). Notwithstanding any other provision in this section, the registered player may not change gaming controls while an interactive gaming account is suspended. The registered player shall continue to have access to the interactive gaming account and shall be permitted to withdraw funds from the account upon proper application for the funds to the interactive gaming certificate holder or interactive gaming operator licensee.
§ 814.3. Compulsive and problem gambling plan.
(a) An interactive gaming certificate or interactive gaming operator applicant shall submit a compulsive and problem gambling plan for review at the time of submission of the application that conforms with § 501a.2 (relating to compulsive and problem gambling plan).
(b) In addition to the requirements in § 501a.2, an interactive gaming certificate holder's or interactive gaming operator applicant's compulsive and problem gambling plan must include all of the following:
(1) The goals of the plan.
(2) The identification of the individual who will be responsible for the implementation and maintenance of the plan.
(3) Policies and procedures including all of the following:
(i) The commitment of the interactive gaming certificate holder or interactive gaming operator licensee to train appropriate employees.
(ii) The duties and responsibilities of the employees designated to implement or participate in the plan, including the dedicated employee who is responsible for ensuring the operation and integrity of interactive gaming and reviewing all reports of suspicious behavior.
(iii) The responsibility of registered players with respect to responsible gambling.
(iv) Procedures to identify registered players and employees with suspected or known compulsive and problem gambling behavior.
(v) Procedures for prominently posting the message ''IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE, CALL 1-800-GAMBLER,'' or comparable language approved by the Board, on all interactive gaming sites and displaying the message to a person visiting or logging onto and logging off the interactive gaming certificate holder or interactive gaming operator licensee's interactive gaming skin or interactive gaming web site.
(vi) Procedures on displaying the date and time of the registered player's previous log on each time that registered player logs on to his interactive gaming account.
(vii) Procedures for preventing an underage person or a person on the interactive gaming self-exclusion list from being mailed any advertisement, promotion or other target mailing, including those sent electronically, no later than 5 business days after receiving notice from the Board that the person has been placed on the interactive gaming self-exclusion list.
(viii) A policy and procedures for the display of the time in the time zone where the registered player is physically located and the time elapsed while in the current registered player session and the cause of a pop-up notification, at least every hour, to be prominently displayed on the interactive gaming device advising the registered player of the amount of money wagered since his log on.
(ix) Procedures for offering registered players the option to select a pop-up notification in 15-minute and 30-minute increments advising the registered player of the amount of money wagered since his log on.
(x) Procedures for reviewing, updating and posting information on the interactive gaming certificate holder or interactive gaming operator licensee's web site regarding gambling addiction treatment services, gamblers anonymous programs, compulsive gambling organizations and informational documents on all of the following:
(A) Rules of responsible gambling.
(B) Myths about gambling.
(C) Risks associated with gambling.
(D) Signs and symptoms of gambling disorders.
(E) Randomness of play.
(xi) Procedures for posting links to all of the following organizations' web sites on the interactive gaming certificate holder/operator licensee's web site:
(A) The Council on Compulsive Gambling of Pennsylvania.
(B) The National Council on Problem Gambling.
(C) The Department of Drug and Alcohol Programs' (or successor agency) gambling addiction participating provider list.
(D) Gamblers Anonymous of PA.
(E) Gam-Anon of PA.
(F) The Board's Office of Compulsive and Problem Gambling.
(G) A Pennsylvania or United States suicide prevention organization's webpage and telephone number.
(xii) Procedures for responding to patron requests for information regarding gambling addiction treatment services, gamblers anonymous programs, compulsive gambling organizations, and other and informational documents.
(A) The interactive gaming certificate holder or interactive gaming operator licensee shall provide examples of the materials to be used as part of its plan, including the problem gambling helpline number and message, informational documents and other posted material, including all of the following
(I) Rules of responsible gambling.
(II) Myths about gambling.
(III) Risks associated with gambling.
(IV) Signs and symptoms of gambling disorders.
(V) Randomness of play.
(VI) Self-exclusion brochure.
(4) Policies and procedures on the governing of self-imposed limits and suspension.
(5) An employee training program as required under this chapter, including training materials to be utilized and a plan for annual reinforcement training.
(6) A certification process established by the interactive gaming certificate holder or interactive gaming operator licensee to verify that each employee has completed the training required by the plan.
(7) An estimation of the cost of development, implementation and administration of the plan.
(8) Procedures to prevent underage gambling as required under § 513a.3(b) (relating to responsibilities of licensees, permittees, registrants and certification holders).
(9) Procedures to prevent excluded persons from gambling.
(10) Procedures to monitor all interactive gaming sites for suspicious activity including those who are:
(i) Engaging in or attempting to engage in, or who are reasonably suspected of, cheating, theft, embezzlement, collusion, money laundering or any other illegal activities.
(ii) Required to be excluded under Board regulations.
(iii) Prohibited by the interactive gaming certificate holder or interactive operator licensee from interactive gaming.
(11) Procedures on the reporting of those who may have or have a known gambling disorder.
(12) Details of outreach programs which the interactive gaming certificate holder or interactive gaming operator licensee intends to offer to employees and individuals who are not employees of the interactive gaming certificate holder or interactive gaming operator licensee.
(13) The plan for posting the statement ''If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER'' on the interactive gaming certificate holder's or interactive gaming operator licensee's webpage and each skin.
(c) The compulsive and problem gambling plan of an applicant for an interactive gaming certificate or interactive gaming operator license that has been approved to receive an interactive gaming certificate or interactive gaming operator license shall be approved by the Director of the Office of Compulsive and Problem Gaming (OCPG). An applicant for an interactive gaming certificate or interactive gaming operator license who has been approved to receive an interactive gaming certificate or interactive gaming operator license will be notified in writing of any deficiencies in the plan and may submit revisions to the plan to the Director of the OCPG. An interactive gaming certificate holder or interactive gaming operator licensee may not commence operations until the Director of the OCPG approves the plan.
(d) Compliance with the plan approved under this chapter will be a condition of interactive gaming certificate or interactive gaming operator license renewal.
(e) An interactive gaming certificate holder or interactive gaming operator licensee shall submit any other policies and procedures intended to be used beyond what is required under subsection (d) to prevent and raise awareness of gambling disorders.
(f) An interactive gaming certificate holder or interactive gaming operator licensee shall submit amendments to the compulsive and problem gambling plan to the Director of the OCPG for review and approval at least 30 days prior to the intended implementation date of the amendments. The interactive gaming certificate holder or interactive gaming operator licensee may implement the amendments on the 30th calendar day following the filing the amendments unless the interactive gaming certificate holder or interactive gaming operator licensee receives a notice under subsection (h) objecting to the amendments.
(g) If during the 30-day review period the Director of the OCPG determines that the amendments may not promote the prevention of compulsive and problem gambling or assist in the proper administration of responsible gaming programs, the Director of the OCPG may, by written notice to the interactive gaming certificate holder or interactive gaming operator licensee, object to the amendments. The objection will:
(1) Specify the nature of the objection and, when possible, an acceptable alternative.
(2) Direct that the amendments not be implemented until approved by the Director of the OCPG.
(h) When amendments have been objected to under subsection (h), the interactive gaming certificate holder or interactive gaming operator licensee may submit revised amendments for review in accordance with subsections (g) and (h).
§ 814.4. Employee training program.
(a) The annual employee training program required under this chapter must include instruction on all of the following:
(1) Characteristics and symptoms of compulsive behavior, including compulsive and problem gambling.
(2) The relationship of gambling disorders to other addictive behavior.
(3) The social and economic consequences of a gambling disorder, including debt, treatment costs, suicide, criminal behavior, unemployment and domestic issues.
(4) Techniques to be used when a gambling disorder is suspected or identified.
(5) Techniques to be used to discuss a gambling disorder with registered players and advise registered players to contact 1-800-GAMBLER to receive information regarding community, public and private treatment services.
(6) Procedures for suspending an interactive gaming account belonging to an underage individual or a person on the interactive gaming self-exclusion list, if necessary, procedures that include obtaining the assistance of appropriate law enforcement personnel.
(7) Procedures for preventing an excluded person or a person on the interactive gaming self-exclusion list from being mailed any advertisement, promotion or other target mailing no later than 5 business days after receiving notice from the Board that the person has been placed on the interactive gaming self-exclusion list.
(8) Procedures for preventing an individual under 21 years of age from receiving any advertisement, promotion or other target mailing.
(9) Procedures to prevent an individual under 21 years of age or a person on the interactive gaming self-exclusion list from having access to or from receiving complimentary services, or other like benefits.
(b) Training and training materials shall be updated annually and include current research and information on responsible and problem gambling.
(c) As part of each employee's orientation, and prior to the start of their job duties, responsible and problem gambling training for employees shall be conducted by a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs as part of the employee's orientation. If an online training program is utilized, the training shall be created and maintained by a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs.
(d) Employees who have received training shall be certified by the interactive gaming certificate holder or interactive gaming operator licensee under this chapter upon completion of the training.
(e) Employees are required to receive periodic reinforcement training at least once every calendar year starting with the year following the year in which the employee was hired. The date of the reinforcement training shall be recorded in each employee's personnel file.
(f) Employees shall report persons with a suspected or identified gambling disorder to a designated key employee or other supervisory employee.
(g) The identity of an individual with suspected or known problem gambling behavior must be confidential except as provided under Board regulations regarding interactive gaming self-exclusion list and section 1516(d) of the act (relating to list of persons self excluded from gaming activities).
(h) An interactive gaming certificate holder or interactive gaming operator licensee may collaborate with a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs to develop an in-house or Internet-based employee training program to provide the training and reinforcement training required under this chapter.
(i) Policies or procedures, or both, that interactive gaming certificate holder or interactive gaming operator licensees may enact that are more stringent than those listed in these regulations, including stricter rules for those who sign up for a self-exclusion list.
§ 814.5. Reports.
(a) An interactive gaming certificate holder or interactive gaming operator licensee shall submit to the Director of the Office of Compulsive and Problem Gaming (OCPG) an annual summary of its compulsive and problem gambling program by the last business day of July.
(b) The annual summary must contain, at a minimum, detailed information regarding all of the following:
(1) Employee training, including all of the following:
(i) The dates of new hires and annual reinforcement compulsive gambling training.
(ii) The individual or group who conducted the training.
(iii) The number of employees who completed the new hire compulsive gambling training.
(iv) The number of employees who completed the annual reinforcement compulsive gambling training.
(2) The amount spent on the Compulsive and Problem Gambling Plan for all of the following:
(i) Employee training.
(ii) Outreach including community training and sponsorships.
(3) Additional information including all of the following:
(i) The number of underage individuals who were denied interactive gaming access.
(ii) The number of self-excluded individuals who were denied interactive gaming access.
(iii) A summary of any community outreach conducted by the certificate holder/operator licensee.
§ 814.6. Website requirements.
Under section 1509(c) of the act (relating to compulsive and problem gambling program), each interactive gaming certificate holder/operator licensee shall cause the words ''IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE, CALL 1-800-GAMBLER'' or comparable language approved by the Board, which must include the words ''gambling problem'' and ''call 1-800-GAMBLER'' to be prominently displayed to a person visiting or logging onto the interactive gaming certificate holder or interactive gaming operator licensee's interactive gaming skin or interactive gaming web site.
CHAPTER 815. INTERACTIVE GAMING SELF-EXCLUDED PERSONS—TEMPORARY REGULATIONS Sec.
815.1. Scope. 815.2. Definitions. 815.3. Requests for interactive gaming self-exclusion. 815.4. Interactive gaming self-exclusion list. 815.5. Certificate holder and licensee duties. 815.6. Removal from the interactive gaming self-exclusion list. 815.7. Exceptions for individuals on the interactive gaming self-exclusion list. 815.8. Disclosures of information related to persons on the self-exclusion list. § 815.1. Scope.
The purpose of this chapter is to provide players with a process to self-exclude from interactive gaming activities in this Commonwealth, and detail the process by which individuals may exclude themselves from interactive gaming activity and restore their ability to participate in interactive gaming activity in this Commonwealth.
§ 815.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Fully executed gaming transaction—An activity involving interactive gaming which occurs in this Commonwealth which results in an individual obtaining any money or thing of value from, or being owed any money or thing of value by an interactive gaming certificate holder or interactive gaming operator licensee.
Gaming activity—The play of interactive gaming including play during contests, tournaments or promotional events.
Gaming related activity—An activity related to interactive gaming including applying for player club memberships or credit, cashing checks or accepting a complimentary gift, service, promotional item or other thing of value from an interactive gaming certificate holder, interactive gaming operator licensee or an affiliate thereof.
Interactive gaming self-exclusion list—A list of names and identifying information of persons who, under this chapter, have voluntarily agreed to be:
(i) Excluded from engaging in interactive gaming in this Commonwealth.
(ii) Prohibited from collecting any winnings or recovering any losses resulting from interactive gaming activity in this Commonwealth.
Self-excluded person—A person whose name and identifying information is included, at the person's own request, on the self-exclusion list maintained by the Board.
Winnings—Any money or thing of value received from, or owed by, an interactive gaming certificate holder or interactive gaming operator licensee as a result of a fully executed gaming transaction.
§ 815.3. Requests for interactive gaming self-exclusion.
(a) A person requesting placement on the interactive gaming self-exclusion list shall submit electronically a completed Request for Voluntary Self-Exclusion from Interactive Gaming Only Activities Form available on the Board's web site.
(b) A request for self-exclusion from interactive gaming must include all of the following identifying information:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number.
(5) Social Security number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).
(6) A physical description of the person that may assist in the identification of the person.
(c) The length of self-exclusion requested by a person must be one of the following:
(1) One year (12 months).
(2) Five years.
(3) Lifetime.
(d) A request for self-exclusion from interactive gaming activities in this Commonwealth must include a signed release which:
(1) Acknowledges that the request for self-exclusion has been made voluntarily.
(2) Certifies that the information provided in the request for self-exclusion is true and accurate.
(3) Acknowledges that the individual requesting self-exclusion is a problem gambler.
(4) Acknowledges that self-exclusions for a 1-year or 5-year period remain in effect until the period of exclusion expires.
(5) Acknowledges that if the individual is discovered participating in interactive gaming, that the individual's interactive gaming account will be suspended and the individual's winnings will be subject to confiscation and remittance to support compulsive and problem gambling programs.
(6) Releases, indemnifies, holds harmless and forever discharges the Commonwealth, the Board and all interactive gaming certificate holders or interactive gaming operator licensees from claims, damages, losses, expenses or liability arising out of, by reason of or relating to the self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:
(i) The failure of an interactive gaming certificate holder or interactive gaming operator licensee to withhold interactive gaming privileges from or restore interactive gaming privileges to a self-excluded person.
(ii) Otherwise permitting or not permitting a self-excluded person to engage in interactive gaming activities in this Commonwealth while on the list of interactive gaming self-excluded persons.
(iii) Confiscation of the individual's winnings.
(e) A person submitting an interactive gaming self-exclusion request shall provide a valid government-issued photo identification containing the person's signature and photograph when the person submits the request. If the request is made electronically, the individual shall present a scanned copy of a valid government-issued photo identification containing the person's signature and photograph when the person submits the request.
(f) A person requesting self-exclusion under this chapter shall upload a photo of his current valid government-issued photo identification during self-exclusion enrollment.
§ 815.4. Interactive gaming self-exclusion list.
(a) The Board will maintain the official interactive gaming self-exclusion lists and notify each interactive gaming certificate holder and interactive gaming operator licensee of additions to or deletions from the lists within 5 business days of the verification of the information received under this chapter by first class mail or by transmitting the self-exclusion list electronically directly to each interactive gaming certificate holder and interactive gaming operator licensee.
(b) The notice provided to interactive gaming certificate holders or interactive gaming operator licensees by the Board will include all of the following information concerning a person who has been added to the interactive gaming self-exclusion list:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number.
(5) Social Security number, when voluntarily provided by the person requesting interactive gaming self-exclusion under section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).
(6) A physical description of the person that may assist in the identification of the person.
(7) A person requesting self-exclusion under this chapter shall upload a photo of his current valid government-issued photo identification during self-exclusion enrollment.
(c) The notice provided to interactive gaming certificate holders and interactive gaming operator licensees by the Board concerning a person whose name has been removed from the interactive gaming self-exclusion list will include the name and date of birth of the person.
(d) An interactive gaming certificate holder and interactive gaming operator licensee shall maintain a copy of the interactive gaming self-exclusion list and establish procedures to ensure that the copy of the interactive gaming self-exclusion list is updated and that all appropriate employees and agents of the interactive gaming certificate holder or interactive gaming operator are notified of any addition to or deletion from the list within 5 business days after the day notice is mailed to each interactive gaming certificate holder or interactive gaming operator or transmitted electronically under subsection (a).
(e) Information furnished to or obtained by the Board under this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter.
(f) Interactive gaming certificate holders or interactive gaming operator licensees, employees or agents thereof may not disclose the name of, or any information about, a person who has requested self-exclusion from interactive gaming to anyone other than employees and agents of the interactive gaming certificate holder or interactive gaming operator licensee whose duties and functions require access to the information. Notwithstanding the foregoing, an interactive gaming certificate holder or interactive gaming operator licensee may disclose the identity of an interactive gaming self-excluded person to appropriate employees of affiliated gaming entities in this or other jurisdictions for the limited purpose of assisting in the proper administration of responsible gaming programs.
(g) An interactive gaming self-excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any interactive gaming activity for the entire period of time that the person is on the Board's interactive gaming self-exclusion lists.
(h) Winnings incurred by an interactive gaming self-excluded person shall be remitted to the Board to support compulsive and problem gambling programs of the Board.
(i) For the purposes of this section, winnings issued to, found on or about or redeemed by an interactive gaming self-excluded person's interactive gaming account shall be presumed to constitute winnings subject to remittance to the Board.
§ 815.5. Certificate holder and licensee duties.
(a) An interactive gaming certificate holder or interactive gaming operator licensee shall train its employees and establish procedures to do all of the following:
(1) Refuse wagers from and deny gaming privileges to an interactive gaming self-excluded person.
(2) Deny gaming related activities and benefits to an interactive gaming self-excluded person.
(3) Ensure that interactive gaming self-excluded persons do not receive, either from the interactive gaming certificate holder, interactive gaming operator licensee or any agent thereof, targeted mailings, telemarketing promotions, player club materials or other promotional materials relating to interactive gaming activities.
(4) Make available to patrons materials explaining the interactive gaming self-exclusion program.
(b) An interactive gaming certificate holder or interactive gaming operator licensee shall submit a copy of its procedures and training materials established under this subsection to the Director of the Office of Compulsive and Problem Gaming (OCPG) for review and approval at least 30 days prior to initiation of interactive gaming activities on interactive gaming sites. The interactive gaming certificate holder or interactive gaming operator licensee will be notified in writing of any deficiencies in the procedures and training materials and may submit revisions to the procedures and training materials to the Director of the OCPG. An interactive gaming certificate holder or interactive gaming operator licensee may not commence operations until the Director of the OCPG approves the procedures and training.
(c) An interactive gaming certificate holder or interactive gaming operator licensee shall submit amendments to the procedures and training materials required under this subsection to the Director of the OCPG for review and approval at least 30 days prior to the intended implementation date of the amendments. The interactive gaming certificate holder or interactive gaming operator licensee may implement the amendments on the 30th calendar day following the filing of the amendments unless the interactive gaming certificate holder or interactive gaming operator licensee receives a notice under this subsection objecting to the amendments.
(d) If during the 30-day review period the Director of the OCPG determines that the amendments to the procedures and training materials may not promote the prevention of interactive gaming by self-excluded individuals or assist in the proper administration of the interactive gaming self-exclusion program, the Director of the OCPG may, by written notice to the interactive gaming certificate holder or interactive gaming operator licensee, object to the amendments. The objection will:
(1) Specify the nature of the objection and, when possible, an acceptable alternative.
(2) Direct that the amendments not be implemented until approved by the Director of the OCPG.
(e) When the amendments to the procedures and training materials have been objected to under this subsection, the interactive gaming certificate holder or interactive gaming operator licensee may submit revised amendments in accordance with this subsection.
(f) The list of interactive gaming self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of the act.
(g) An interactive gaming certificate holder or interactive gaming operator licensee shall report the discovery of an interactive gaming self-excluded person that did or attempt to engage in interactive gaming related activities to the Director of the OCPG within 24 hours.
§ 815.6. Removal from the interactive gaming self-exclusion list.
(a) For individuals who are on the interactive gaming self-exclusion list for 1 year or 5 years, upon the conclusion of the period of self-exclusion, the individual will be removed from the interactive gaming self-exclusion list without further action on his part.
(b) For individuals who have elected to be interactive gaming self-excluded for less than lifetime, the individual may be removed from the interactive gaming self-exclusion list if all of the following has occurred:
(1) The individual has filed a petition with the Board's Office of Hearings and appeals requesting to be removed from the interactive gaming self-exclusion list.
(2) The individual has presented facts and circumstances which, in the Board's discretion, demonstrate a compelling reason for the Board to grant early removal from the interactive gaming self-exclusion list.
(3) The Board has found by a preponderance of the evidence that the person should be removed from the interactive gaming self-exclusion list and issues an order to that effect.
(c) For individuals who have elected to be interactive gaming self-excluded for lifetime, the individual will not be removed from the interactive gaming self-exclusion list until all of the following has occurred:
(1) At least 10 years has elapsed since the individual placed himself on the video gaming self-exclusion list for lifetime.
(2) The individual has filed a petition with the Board's Office of Hearings and appeals requesting to be removed from the interactive gaming self-exclusion list.
(3) The individual has presented facts and circumstances which, in the Board's discretion, demonstrate a compelling reason for the Board to grant early removal from the lifetime interactive gaming self-exclusion list.
(4) The Board has found by a preponderance of the evidence that the person should be removed from the interactive gaming self-exclusion list and issues an order to that effect.
§ 815.7. Exceptions for individuals on the interactive gaming self-exclusion list.
The prohibition against allowing interactive gaming self-excluded persons to engage in activities related to interactive gaming does not apply to an individual who is on the interactive gaming self-exclusion list if all of the following apply:
(1) The individual is carrying out the duties of employment or incidental activities related to employment.
(2) The individual does not otherwise engage in any interactive gaming activities.
§ 815.8. Disclosures of information related to persons on the self-exclusion list.
(a) The Board may periodically release to the public demographics and general information regarding the interactive gaming self-exclusion lists such as the total number of individuals on the list, gender breakdown and age range.
(b) The Board may make selected data available, upon request, for the limited purpose of assisting in the proper administration of responsible gaming programs.
(c) The Board will not disclose identifying information or confirm or deny the existence of an individual's name on the Board's interactive gaming self-exclusion lists.
CHAPTER 818. INTERACTIVE GAMING COMMENCEMENT OF OPERATIONS—TEMPORARY REGULATIONS Sec.
818.1. Definitions. 818.2. Commencement of operations generally. 818.3. Interactive gaming skins. § 818.1. Definitions.
The following terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise:
Remote game server or remote game content—Interactive gaming system hardware and software separate from that which comprises the gaming platform which allows access to games or may drive the features common to game offerings, game configurations, random number generators, reporting, and the like. The registered player initially communicates directly with the interactive gaming platform which can be integrated with one or more remote game servers or include remote game content, or both.
§ 818.2. Commencement of operations generally.
(a) Prior to the commencement of interactive gaming operations, an interactive gaming certificate holder or interactive gaming operator licensee shall submit all of the following:
(1) Documentation verifying the platform and related information to include all of the following:
(i) Platform version number.
(ii) A list of all submitted games.
(iii) Documentation listing the entity that created the submitted games.
(iv) Certification that the system operates in accordance with Commonwealth law and regulations.
(v) A list of all critical files within the interactive gaming system.
(vi) A list of any remote game content providers that will work in conjunction with the submitted platform.
(2) Testing results for the platform as well as all games.
(3) Documentation that provides a detailed overview of the interactive gaming system including system architecture, encryption methods utilized, user roles and permission settings, configuration settings, and logical and physical security.
(4) Documentation that provides an overview of the random number generator which must include a method that allows for extraction of the random number generator values for statistical analysis
(5) A list of devices that will work in conjunction with the submitted platform.
(6) Details regarding the location and security standards for the primary and secondary equipment as well as data warehouses, data safes and other system related equipment.
(7) Copies of signed contracts between the interactive gaming certificate holder or interactive gaming operator licensee and any third party integrating with the submitted platform.
(8) Documentation demonstrating, to the satisfaction of Board staff, implementation of all accounting and internal controls governing all of the following:
(i) Age and identity verification procedures.
(ii) Geolocation compliance.
(iii) Procedures on establishing and maintaining player accounts.
(iv) Procedures for ensuring player confidentiality.
(v) Procedures for ensuring accurate and timely submission of revenue and tax information to the Department.
(vi) Procedures governing player complaints.
(vii) Procedures for compiling and maintaining all requisite reports and logs.
(viii) Procedures regarding player protection, including implementation of compulsive and problem gambling and self-exclusion links on the certificate holder's web site.
(b) Prior to commencement of operations, the interactive gaming certificate holder's or interactive gaming operator's employees required to be licensed or permitted by the Board shall be appropriately licensed or permitted and trained in the performance of their responsibilities.
(c) Prior to commencement of operations, the interactive gaming certificate holder or interactive gaming operator licensee shall ensure that new and existing employees of the certificate holder and interactive gaming operator licensee are regularly informed about the restrictions on placing wagers by the interactive gaming sites offered by or associated with the interactive certificate holder.
(d) Prior to commencement of operations, the interactive gaming certificate holder or interactive gaming operator licensee shall have successfully completed a test period.
(e) The Board will establish a commencement date upon which interactive gaming may commence in this Commonwealth.
(f) All interactive gaming certificate holders and interactive gaming operator licensees shall commence operations on the date established by the Board unless granted an extension by the Board, upon a showing of good cause by the interactive gaming certificate holder or interactive gaming operator licensee, up to 12 months from that date. Failure to commence interactive gaming operations within the time directed by the Board may result in administrative sanctions up to and including revocation of the certificate or license to operate interactive gaming in this Commonwealth.
§ 818.3. Interactive gaming skins.
(a) Under the act, the Board may issue an interactive gaming certificate to slot machine licensees to conduct interactive gaming in this Commonwealth, directly or through an interactive gaming operator licensee acting on behalf of the interactive gaming certificate holder pursuant to the terms of an interactive gaming agreement that has been approved by the Board. For purposes of this subpart, ''slot machine licensee'' includes all Category 1, 2 and 3 slot machine licensees, and eligible qualified gaming entities.
(b) Under the act, the Board may authorize interactive gaming certificate holders or interactive gaming operator licensees operating an interactive gaming system on behalf of an interactive gaming certificate holder to deploy interactive gaming skins or interactive gaming web sites, including through mobile applications, to facilitate the conduct of interact gaming activities for registered players in this Commonwealth or registered players in any other state or jurisdiction which the Commonwealth has entered into an interactive gaming reciprocal agreement.
(c) Interactive gaming operator licensees are not permitted to offer interactive games in this Commonwealth independent from an interactive gaming certificate holder and the interactive gaming certificate holder's webpage or the webpage of an entity within the interactive gaming certificate holder's organizational structure.
(d) Interactive gaming certificate holders and interactive gaming operator licensees acting on behalf of an interactive gaming certificate holder may only offer interactive gaming in this Commonwealth through the interactive gaming certificate holder's webpage or mobile application or the webpage or mobile applicaion of an entity within the interactive gaming certificate holder's organizational structure.
(e) Interactive gaming certificate holders and interactive gaming operator licensees operating an interactive gaming system on behalf of an interactive gaming certificate holder shall obtain Board approval of all interactive gaming skins operated on behalf of the interactive gaming certificate holder for purposes of conducting interactive gaming in this Commonwealth.
(f) To ensure compliance with the act:
(1) A slot machine licensee or eligible qualified gaming entity shall petition for and obtain its own interactive gaming certificate to operate interactive gaming operations in this Commonwealth.
(2) All interactive gaming webpages, web sites, skins or mobile applications must, at all times, clearly identify the interactive gaming certificate holder or an entity within the interactive gaming certificate holder's organizational structure on the display screen visible to players.
(g) Nothing in this section is intended to prohibit interactive gaming certificate holders from entering into interactive gaming operation agreements with multiple licensed interactive gaming operators to offer interactive games the Board has authorized the interactive gaming certificate holder to conduct.
(h) Nothing in this section is intended to prohibit interactive gaming operator licensees from entering into interactive gaming operation agreements with multiple interactive gaming certificate holders to offer interactive games the Board has authorized the interactive gaming certificate holder to conduct.
(i) Nothing in this section is intended to prohibit interactive gaming certificate holders or interactive gaming operator licensees operating an interactive gaming system on behalf of an interactive gaming certificate holder from conducting interactive gaming utilizing players registered in other jurisdictions with which the Commonwealth has entered into a reciprocal agreement permitting interstate interactive gaming.
[Pa.B. Doc. No. 18-685. Filed for public inspection May 4, 2018, 9:00 a.m.]
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