(1) Grounds for Action. A Sports Wagering Operator license may be conditioned, suspended, or revoked, or a Sports Wagering Operator assessed a civil administrative penalty if it is determined that a Sports Wagering Operator has:

1. (a) knowingly or recklessly failed to exclude or eject from the Sports Wagering Area or the Sports Wagering Facility any individual placed on the voluntary self-exclusion list, or knowingly or recklessly failed to reject or block an attempted Sports Wager by any individual placed on the voluntary self-exclusion list. Provided, it shall not be deemed a knowing or reckless failure if an individual on the voluntary self-exclusion list shielded their identity or otherwise attempted to avoid identification while present at a Sports Wagering Area, Sports Wagering Facility, or on a Sports Wagering Platform; or
2. (b) failed to abide by any provision of 205 CMR 233.00, M.G.L. c. 23N, § 13(e)(2), a Sports Wagering Operator's approved written policy for compliance with the voluntary self-exclusion program pursuant to 205 CMR 233.00, or any law related to the voluntary self-exclusion of patrons from a Sports Wagering Area, Sports Wagering Facility or Sports Wagering Platform. Provided, a Sports Wagering Operator shall be deemed to have marketed to an individual on the voluntary self-exclusion list only if marketing materials are sent directly to an address, email address, telephone number, or other contact identified by the individual on their application.