1. A. The Commission shall notify each State facility operator of the placement of an individual on the voluntary exclusion list established in COMAR 36.01.03.

2. B. A facility operator may disclose information about an individual on the voluntary exclusion list to:

   1. (1) The Commission;

   2. (2) The facility’s:

      1. (a) Manager;
      2. (b) Security department;
      3. (c) Surveillance department; or
      4. (d) Employees who are directly responsible for excluding unauthorized individuals from the facility; and

   3. (3) If the facility operator pursues criminal charges against an individual on the voluntary exclusion list who is suspected of trespassing at a video lottery facility, to:

      1. (a) A law enforcement officer; or
      2. (b) A person who is legally authorized to be involved in the criminal prosecution of an individual on the voluntary exclusion list who is suspected of trespassing at a video lottery facility.

3. C. If a facility operator uses technology for the purpose of complying with §E of this regulation, the facility operator shall ensure that the technology:

   1. (1) Complies with all applicable State requirements; and
   2. (2) Is designed to prevent unauthorized access to confidential records.

4. D. If an individual on the voluntary exclusion list is found on the premises of a video lottery facility, the operator:

   1. (1) Shall immediately notify the Commission; and
   2. (2) May pursue criminal charges against the individual for trespassing or any other appropriate criminal charge.

5. E. A facility operator may not:

   1. (1) Permit an individual on the voluntary exclusion list to:

      1. (a) Enter into the video lottery facility; or
      2. (b) Play a video lottery terminal or table game;
   2. (2) Knowingly fail to exclude from the premises an individual on the voluntary list; or
   3. (3) Disclose information about individuals on the voluntary exclusion list beyond the disclosures that are authorized under §B of this regulation.

Authority: State Government Article, §9-1A-24, Annotated Code of Maryland

Effective date:

Regulations .01— .03 adopted as an emergency provision effective March 1, 2013 (40:6 Md. R. 470); emergency action expired effective July 20, 2013

Regulations .01— .03 adopted effective adopted effective August 19, 2013 (40:16 Md. R. 1347)

Regulation .01 amended effective October 19, 2020 (47:21 Md. R. 905)

Regulation .01B, C amended effective February 3, 2014 (41:2 Md. R. 93)

Regulation .02A, D amended effective February 3, 2014 (41:2 Md. R. 93)

Regulation .02D amended effective October 19, 2020 (47:21 Md. R. 905)

Regulation .03 amended effective May 25, 2026 (53:10 Md. R. 459)

Regulation .03A amended effective January 7, 2016 (42:26 Md. R. 1597)

Regulation .03B amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)