11 VAC 5-60-NEW Individuals on the Involuntary Exclusion List

GLI Recommendations

1. The Board may place a person on the involuntary exclusion list pending a hearing if the person has:

1. 1. Violated or conspired to violate laws related to gaming activities;
   2. Engaged in cheating or fraudulent behavior related to gambling activities;
   3. Violated the Act or these rules
   4. Been placed on any valid and current exclusion list from another jurisdiction in the United States;
   5. Willfully evaded the payment of taxes;
   6. Performed an act or acts such that the person’s involvement in gaming activities would adversely affect public confidence and trust in the gaming industry, and in the sole judgment of the Board, leads to a finding that their involvement in gaming activities poses the potential of injurious threat to the interests of the Commonwealth.

2. Upon a determination that a person comes under any one (1) of the criteria listed in subsection A, this person shall be deemed a candidate for exclusion, and the Board shall file a Notice of Exclusion. This notice shall include the identity of the candidate, the nature and scope of the circumstances or reasons that the person should be placed on the exclusion list, names of potential witnesses and a recommendation as to whether the exclusion or ejection shall be permanent. The notice shall also inform the person of the availability of a hearing by the Board. A request for a hearing must be made within thirty (30) days from the date the Notice of Exclusion was filed.
3. If the Board or a subsequent judicial review finds in favor of the candidate or excluded person, then their name shall be removed from the exclusion list and their exclusion shall be terminated as of the date of the action by the Board or the court.
4. Individuals on the involuntary exclusion list shall be prohibited from participating in any form of legalized gaming in the Commonwealth and are prohibited from collecting any winnings or recovering any losses resulting from violation of these restrictions.
5. Each individual who has been listed on the involuntary exclusion list and wishes to contest being placed on the involuntary exclusion list may request a review of such action in accordance with Department regulations and Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act in the Circuit Court of the City of Richmond. Further appeals shall also be in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

GLI recommends addition of Involuntary exclusion list based on what has been seen in other markets.