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9/7/20  12:55 pm
Commenter: Major League Baseball

11VAC5-70-230(M)
 

Virginia Lottery Law; Sports Betting, Section 58.1-4031(D)(1) requires that "[i]f a sports governing body notifies the Department that real-time information-sharing for bets placed on its sporting events is necessary and desirable, permit holders shall, as soon as is commercially reasonable, share the information required to be retained pursuant to subdivision B 1 of § 58.1-4034 with the sports governing body or its designee."  The law does not give the Director of the Virginia Lottery Board the discretion to decide whether information sharing is "necessary."  In order to trigger the requirement that information be shared, the sports governing body need only notify the Department that such sharing is "necessary."  The language in draft regulation 11VAC5-70-230(M) that gives the Director "sole discretion" to determine whether real-time information sharing is necessary violates the Virginia law.  In fact, the Director has no discretion under the law to deny the sports governing bodies' request as long as they make the required notification.  This draft regulation giving the Director such power is quite obviously illegal.

CommentID: 84467