1. A. A manufacturer may not install, and a facility operator may not make available for play, a wide area progressive system without Commission approval in writing of:

   1. (1) A wide area progressive agreement under §C of the regulation;
   2. (2) A progressive proposal under Regulation .30 of this chapter; and
   3. (3) Internal controls submitted under COMAR 36.03.10.05 addressing the payment of a progressive jackpot on a video lottery terminal participating in a wide area progressive system.
2. B. A manufacturer may not modify the terms of a progressive jackpot offered through a wide area progressive system, and a facility operator may not make available for play, a video lottery terminal which offers a progressive jackpot that differs from its approved progressive proposal without the approval in writing of the Commission under Regulation .30(B) of this chapter.

3. C. A wide area progressive system shall operate under the terms and conditions of a wide area progressive agreement between:

   1. (1) The Commission;
   2. (2) A manufacturer; and
   3. (3) Participating facility operators in or outside the State.

4. D. A wide area progressive agreement shall assign responsibility for the operation and administration of a wide area progressive system to a designated system operator who may be a:

   1. (1) Participating facility operators in or outside the State; or
   2. (2) Manufacturer.

5. E. A wide area progressive agreement shall address:

   1. (1) The duties and responsibilities of the:

      1. (a) Participating:

         1. (i) Manufacturer; and
         2. (ii) Facility operators in or outside the State; and
      2. (b) System operator;
   2. (2) The terms of compensation for a system operator including to what extent the system operator is to receive compensation based, directly or indirectly, on an interest, percentage or share of the proceeds of a wide area progressive system;
   3. (3) Responsibility for progressive jackpots, proceeds, and expenses associated with the operation of a wide area progressive system;
   4. (4) Control and operation of a system monitor room under §F of this regulation;
   5. (5) Service and maintenance of a wide area progressive system;
   6. (6) Responsibility for generating, filing and maintaining the records and reports required under this subtitle;
   7. (7) If applicable, terms with regard to establishing and servicing any trust agreement associated with an annuity jackpot offered by a wide area progressive system under COMAR 36.03.10.39; and
   8. (8) If requested by the Commission, additional documentation with regard to a wide area progressive agreement.

6. F. A wide area progressive system shall be controlled and operated from a system monitor room:

   1. (1) Under the sole possession of, and maintained and operated by, the system operator designated in a wide area progressive agreement;
   2. (2) In a location approved by the Commission;
   3. (3) If required by the Commission, staffed by individuals licensed as gaming employees; and

   4. (4) Subject to:

      1. (a) Surveillance coverage satisfactory to the Commission; and
      2. (b) Access controls satisfactory to the Commission including a monitor room access log in accordance with §G of this regulation.

7. G. A system operator shall maintain a monitor room access log:

   1. (1) Signed by each individual entering the system monitor room except an employee of a system operator assigned to the system monitor room on his assigned shift;
   2. (2) Maintained in a book with bound numbered pages that cannot be readily removed;

   3. (3) Utilized to document the following:

      1. (a) Date and time of entry;
      2. (b) Entering individual's signature; and
      3. (c) Reason for entering the system monitor room including the identification of areas inspected or repaired; and
   4. (4) Retained by a system operator for a minimum of 3 years from the date of the last entry unless a request for destruction is submitted in writing and approved in writing by the Commission.

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-15, 9-1A-22, and 9-1A-24, Annotated Code of Maryland

Effective date:

Regulations .01—.32 adopted as an emergency provision effective March 1, 2013 (40:6 Md. R. 470); adopted permanently effective April 29, 2013 (40:8 Md. R. 725)

Regulation .01A amended effective October 27, 2014 (41:21 Md. R. 1262)

Regulation .11 amended effective November 14, 2022 (49:23 Md. R. 997)

Regulation .11D amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 Md. R. 529)

Regulation .11E, I amended effective January 7, 2016 (42:26 Md. R. 1597)

Regulation .12C adopted effective October 7, 2019 (46:20 Md. R. 848)

Regulation .18 amended effective October 19, 2020 (47:21 Md. R. 905)

Regulation .18D, E amended effective October 22, 2018 (45:21 Md. R. 976)

Regulation .20A amended effective October 23, 2017 (44:21 Md. R. 985)

Regulation .20B amended effective February 16, 2015 (42:3 Md. R. 319)

Regulation .21 amended effective October 7, 2019 (46:20 Md. R. 848)

Regulation .21E amended effective October 22, 2018 (45:21 Md. R. 976)

Regulation .27B, D amended effective September 6, 2021 (48:18 Md. R. 695)

Regulation .28F amended effective September 26, 2016 (43:19 Md. R. 1073); October 19, 2020 (47:21 Md. R. 905)

Regulation .30D amended effective October 22, 2018 (45:21 Md. R. 976); September 6, 2021 (48:18 Md. R. 695)

Regulation .30D, E amended effective January 7, 2016 (42:26 Md. R. 1597)

Regulation .31C amended effective October 23, 2017 (44:21 Md. R. 985); October 22, 2018 (45:21 Md. R. 976); October 7, 2019 (46:20 Md. R. 848)