1. A. Permissible Sanctions. The Commission may:

   1. (1) Impose a penalty on the licensee not exceeding $5,000 for each day and each violation; and

   2. (2) In addition to any penalty assessed:

      1. (a) Revoke the licensee’s license;
      2. (b) Suspend the licensee’s license for a period of time;
      3. (c) Reprimand the licensee; or

      4. (d) Impose conditions upon the licensee that must be met within a specified time as to:

         1. (i) Training;
         2. (ii) Staffing;
         3. (iii) Supervision;
         4. (iv) Compliance with internal controls;
         5. (v) Probationary periods; or
         6. (vi) Any other directive to address the violation.

2. B. Penalty — Required Considerations. To determine the amount of a penalty to impose on a licensee, the Commission shall consider:

   1. (1) The seriousness of the violation;
   2. (2) The harm caused by the violation; and
   3. (3) Whether the person who committed the violation acted in good faith.

3. C. Sanction — Considerations. To determine the appropriate sanction to impose on a licensee, the Commission may consider the factors in §B of this regulation, and:

   1. (1) Whether a violation was willful;
   2. (2) Whether the licensee had, or should have had, control of the situation;

   3. (3) Whether the violation may have occurred in connection with unclear or insufficient:

      1. (a) Information;
      2. (b) Training;
      3. (c) Communication; or
      4. (d) Requirements;
   4. (4) Any extraordinary circumstances;
   5. (5) Prior disciplinary history with the Commission;
   6. (6) Profit that resulted, or may have resulted, from the violation;
   7. (7) Harm that resulted, or may have resulted, from the violation;
   8. (8) How the violation was detected;
   9. (9) Action taken by the licensee to prevent recurrence of the violation;
   10. (10) Action taken by the Commission to address similar violations; and
   11. (11) Any other information that the Commission finds relevant.
4. D. Ignorance No Defense. A licensee is presumed to be familiar with applicable statutes and regulations governing the State’s Sports Wagering Program, and a claim of ignorance of the statutes and regulations may not be used as a defense to a finding of a violation or to the imposition of a sanction.
5. E. Imposition of Sanction. A separate sanction may be imposed for each violation.

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-20, 9-1A-25 and 9-1E-01—9-1E-15, Annotated Code of Maryland

Effective date:

Regulations .01—.11 adopted as an emergency provision effective August 5, 2021 (48:18 Md. R. 690); adopted permanently effective January 13, 2022 (49:1 Md. R. 16)