Draft regulation 11VAC5-70-230(K) provides that sports governing bodies must receive prior approval from the Director to disclose information reported under the regulations for integrity-related investigations.  There is no provision in the Virginia Sports Betting Law that requires this; the regulations give the Director a power not provided to him or her by the law. Moreover, prior approval from the Director (and regulators in other jurisdictions) may not be practicable in certain instances, e.g., a potential integrity issue that materially threatens the league and requires immediate public comment.  Also, information reported to a sports governing body under this provision (that may relate to multiple states) may not be decipherable from information reported under other operative regulations in other jurisdictions, leading to confusion as to whether Director approval is required for certain disclosures.  We thus respectfully request that this section be revised as follows:

K. A regulated entity shall promptly report information relating to conduct described in subdivision I. 2.- 4. above, to the relevant sports governing body and provide written notice of that communication to the Director. With respect to information provided by a permit holder or supplier to a sports governing body, the sports governing body may use such information only for integrity purposes and shall maintain the confidentiality of such information unless disclosure is required by the Director, the sports betting or other law, or a court order; or if the permit holder or supplier consents to disclosure; . A sports governing body may make disclosures upon notice to Director and if the Director determines that the disclosures are or if disclosure is necessary to allow the sports governing body to conduct and resolve integrity-related investigations.  The sports governing body shall endeavor to provide the Director with prior notice of any such disclosure to conduct or resolve integrity-related investigations to the extent reasonably practicable.