11 VAC 5-60-20 Request for Voluntary Exclusion

GLI Recommendations

1. A request for voluntary self-exclusion shall be in a form prescribed by the Department, which shall include:

1. The following identifying information concerning the individual submitting the request:

1. 1. 1. Name, including any aliases or nicknames;
      2. Date of birth;
      3. Street address of current residence;
      4. Telephone number;
      5. Social Security Number, which information is voluntarily provided in accordance with section 7 of the Privacy Act, 5 U.S.C. § 552a; and
      6. A physical description of the individual, including height, weight, gender, hair color, eye color, and any other physical characteristic that may assist in the identification of the individual;

2. The length of voluntary self-exclusion requested by the individual:

1. One year;
2. Two years;
3. Five years; or
4. Lifetime;

GLI recommends adding option for one-year voluntary exclusion as seen in other markets.

2. An acknowledgment that Individuals on the voluntary self-exclusion list during any period of voluntary exclusion 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 the restrictions to which such individuals have agreed.

GLI recommends update to the rule based on what has been seen in other markets as well as adding the last sentence from the “voluntary exclusion list” definition from 11 VAC 5-60-10

3. An acknowledgment that The Department shall coordinate the administration of the voluntary self-exclusion program with the Department of Agriculture and Consumer Services, the Office of Charitable and Regulatory Programs and the Virginia Racing Commission pursuant to procedures developed by the Department.

GLI recommends

1. Update to the rule based on what has been seen in other markets.
2. Adding “the Department of Agriculture and Consumer Services,” since fantasy contests, as mentioned in § 58.1-4015.1, are regulated by them.
3. Generalizing “permit holders” to cover all forms of gaming mentioned in § 58.1-4015.1.

4. A request for voluntary exclusion shall include a waiver and release, which shall release and forever discharge the Commonwealth of Virginia, the Department, its employees and agents, all permit holders of permits to operate a sports betting platform and their employees and agents, the Department of Agriculture and Consumer Services, the Office of Charitable and Regulatory Programs and the Virginia Racing Commission and their employee and agents, from any liability to the individual requesting voluntary self-exclusion, as applicable, and his or her heirs, administrators, executors, and assigns for any harm, monetary or otherwise, which may arise out of or by reason of any act or omission relating to the request for voluntary self-exclusion, or request for removal from the voluntary self-exclusion list, including:

1. Its processing or enforcement;
2. The failure to withhold gaming privileges from, or restore gaming privileges to, a voluntarily self-excluded individual;
3. Permitting a voluntarily self-excluded individual to engage in gaming activity while on the list of voluntarily self-excluded individuals;
4. Disclosure of the information contained in the voluntary self-exclusion list, except for a willfully unlawful disclosure of such information;