Title of Regulation: 11VAC5-60. Self-Exclusion Program (amending 11VAC5-60-10 through 11VAC5-60-60).

Statutory Authority: §§ 58.1-4007 and 58.1-4015.1 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: August 17, 2022.

Effective Date: September 2, 2022.

Agency Contact: Amy Dilworth, General Counsel, Virginia Lottery Board, 600 East Main Street, 22nd Floor, Richmond, VA 23219, telephone (804) 664-0717, or email adilworth@valottery.com.

Basis: Sections 58.1-4101, 58.1-4102, and 58.1-4103 provide statutory authority for the Virginia Lottery to promulgate this action.

Purpose: The changes to 11VAC5-60 that incorporate casino gaming into the self-exclusion program conform the program to statute. The purpose of the amendments is to continue to protect the public health, safety, and welfare by lessening the sociological, financial, and psychological damage that can occur to individuals who exhibit problem gambling behaviors, and by extension, to their families.

Rationale for Using the Fast-track Rulemaking Process: The amendments are deemed to be noncontroversial because they include the addition of definitions and the incorporation of casino gaming into the self-exclusion program just as it already incorporates sports betting.

Substance: The amendments to 11VAC5-60 mirror the self-exclusion provisions in 11VAC5-90, Casino Gaming, to include casino gaming in the self-exclusion program, including defining the terms "casino gaming establishment," "casino," and "casino gaming," to clearly show that the self-exclusion program applies to casino gaming as well as sports betting.

Issues: The advantage of the amendments for the public and the Commonwealth is that they provide the most straightforward and least onerous requirements necessary to maintain the Voluntary Self-Exclusion list and to accommodate those individuals who choose to be included in it. There are no disadvantages associated with the amendments.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. The Virginia Lottery Board (Board) proposes to amend the Self-Exclusion Program regulation (regulation) in order to incorporate casinos and casino gaming.

Background. Chapters 1197, 1218, 1248, and 1256 of the 2020 Acts of Assembly all mandated that the Board adopt regulations to establish and implement a voluntary exclusion program. The text for the four different chapters was not completely identical,² but all four essentially had the following for the definition of "voluntary exclusion program" and the requirements for voluntary exclusion programs.

Definition of voluntary exclusion program: a program established by the Board that allows individuals to voluntarily exclude themselves from engaging in certain gambling activities (described in provision #1 below) by placing their name on a voluntary exclusion list and following the procedures set forth by the Board.

Requirements for Voluntary Exclusion Programs:

1. Except as provided by a regulation of the Board, a person who participates in the voluntary exclusion program agrees to refrain from (i) playing any account-based lottery game; (ii) participating in sports betting as such activity is regulated by the Board; (iii) engaging in any form of casino gaming that may be allowed under the laws of the Commonwealth; (iv) participating in charitable gaming, as defined in Code of Virginia (COV) 18.2-340.16; (v) participating in fantasy contests, as defined in COV 59.1-556; or (vi) wagering on horse racing, as defined in COV 59.1-365. Any state agency, at the request of the Virginia Lottery, shall assist in administering the voluntary exclusion program pursuant to the provisions of this section.

2. A person who participates in the voluntary exclusion program may choose an exclusion period of two years, five years, or lifetime.

3. Except as provided by regulation of the Board, a person who participates in the voluntary exclusion program may not petition the Board for removal from the program for the duration of his exclusion period.

4. The name of a person participating in the program shall be included on a list of excluded persons. The list of persons entering the voluntary exclusion program and the personal information of the participants shall be confidential, with dissemination by the Virginia Lottery limited to licensed lottery sales agent, owners and operators of casino gaming establishments, sports betting permit holders, and any other parties the Virginia Lottery deems necessary for purposes of enforcement.

5. Lottery sales agents, owners and operators of casino gaming establishments, and sports betting permit holders shall make all reasonable attempts as determined by the Board to cease all direct marketing efforts to a person participating in the program. The voluntary exclusion program shall not preclude lottery sales agents, owners and operators of casino gaming establishments, and sports betting permit holders from seeking the payment of a debt incurred by a person before entering the program. In addition, the owner or operator of a casino gaming establishment or a permit holder may share the names of individuals who self-exclude across its corporate enterprise, including sharing such information with any of its affiliates.

Regulation. The regulation was initially promulgated in an exempt action³ that became effective on October 12, 2020. The regulation includes: 1) definitions, 2) requirements for individuals wishing to add themselves to the self-exclusion list,⁴ 3) requirements for the Virginia Lottery, sports betting permit holders, the Virginia Department of Agriculture and Consumer Services (VDACS), and the Virginia Racing Commission (VRC) concerning the exchange of information and keeping information up-to-date in their copies of the self-exclusion list, 4) specific responsibilities for sports betting permit holders in regard to procedures in interacting with individuals on the self-exclusion list, 5) the process and notifications for removal from self-exclusion list, and 6) the process and requirements concerning the forfeiture of winnings by self-excluded individual. There is no mention of casinos or casino gaming in the current regulation.

Estimated Benefits and Costs. Approximately one percent of the adult population in the United States suffer from pathological gambling,⁵ a persistent and recurrent maladaptive pattern of gambling behavior.⁶ Pathological gambling is commonly associated with relationship problems,⁷ employment issues,⁸ and significant financial difficulties.⁹ Additionally, pathological gamblers are at increased risk to develop stress-related conditions, such as hypertension, sleep deprivation, cardiovascular disease, and peptic ulcer disease.¹⁰ Common psychiatric conditions associated with pathological gambling include exacerbation and initiation of major depressive episodes, anxiety disorders, or substance use disorders.¹¹

Adding casinos to the self-exclusion program would likely be beneficial in that pathological gamblers who voluntarily add themselves to the self-exclusion list would very likely gamble less at casinos (by casinos preventing participation). By gambling less, the negative impacts described may be less likely to occur. Research helps confirm that to some extent participation in self-exclusion programs is linked to a reduction of pathological gambling habits and gambling-related problems.¹²

For the most part, the proposed regulation essentially just adds "casino gaming" or "casino gaming establishment" to the provisions where "sports betting" or "sports betting permit holder" currently exist in the regulation. An exception occurs in the requirements for individuals wishing to add themselves to the self-exclusion list. Under the current regulation, applicants for two years or five years on the list must submit: a) name, including any aliases or nicknames, b) date of birth, c) street and mailing address of current residence, d) telephone number, and e) social security number. Applicants for lifetime on the list must also submit valid identification credentials containing the individual's signature and either a photograph or a general physical description. Under the proposed regulation all applicants for membership on the list, regardless of time length, must submit valid identification credentials containing the individual's signature and a photograph of the individual.¹³

According to the Virginia Lottery, valid identification containing a photograph of the individual is necessary so that casinos (where people appear in person) can accurately match the individual with the list. Thus, the proposal to require photo identification for membership on the list would be beneficial in that it would help casinos enforce the exclusion of list members from casinos and help reduce the negative impacts associated with their gambling. Photographs of individuals would also be added to the self-exclusion list sent by the Virginia Lottery to the VRC and VDACS. To the extent that these agencies use the photographs, it would help their regulants properly exclude list members from gambling on horse racing, historical horse racing, and charitable gaming. Accordingly, the proposal would be beneficial to the degree these changes reduce the negative impacts associated with pathological gambling as described above.¹⁴

For most people, providing valid identification containing a photograph would not be difficult. However, it is possible that not all potential problem gamblers have photo ID. Based on a study jointly conducted by Stanford University and the University of Michigan, approximately three percent of the total U.S. adult citizen population do not have any form of government photo ID.¹⁵ For this small percentage of the population, the proposed additional requirement of a photo ID for membership on the self-exclusion list would be costly. It could deter a relative small number of pathological gamblers from seeking or obtaining membership on the list.

Businesses and Other Entities Affected. The proposed amendments affect the 14 sports betting permit holders,¹⁶ approximate 300 individuals currently on the self-exclusion list,¹⁷ the Virginia Lottery, VDACS (Office of Charitable and Regulatory Programs), the Virginia Racing Commission, as well as future licensed operators of casino gaming establishments and future individuals wishing to go on the self-exclusion list.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹⁸ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. Most affected entities or individuals would not be adversely affected. A small number of individuals who do not possess valid identification containing a photograph may wish to be added to the self-exclusion list, and thus may be worse off. Thus, an adverse impact is indicated.

Small Businesses¹⁹ Affected:²⁰ The proposed amendments do not appear to adversely affect small businesses.

Localities²¹ Affected:²² The proposal to add casinos to the self-exclusion program may particularly affect the four cities where voters approved casinos, Danville, Bristol, Portsmouth, and Norfolk, as well as neighboring localities. There may be indirect costs for these local governments, as on the one hand the Virginia Lottery notes that local social service agencies may face reduced costs if fewer individuals and families suffer the financial and psychological damage that can be incurred by individuals who incur chronic gambling losses. On the other hand, there could be increased law enforcement costs as police officers would be called upon to process trespassing charges against individuals who gain access to a casino floor despite having opted into the program.

Projected Impact on Employment. The proposed amendments do not appear to directly affect total employment. To the extent that adding casinos to the self-exclusion program may help some pathological gamblers avoid gambling and associated negative impacts, it may help some such individuals from losing their jobs.

Effects on the Use and Value of Private Property. To the extent that adding casinos to the self-exclusion program may reduce financial losses for some pathological gamblers, the proposal may be beneficial for these individuals' net worth. The proposed amendments do not affect real estate development costs.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²Chapters 1197 and 1248 are identical to each other, and mostly pertain to casino gaming. Chapters 1218 and 1256 are identical to each other, and mostly pertain to sports betting.

³See https://townhall.virginia.gov/L/ViewAction.cfm?actionid=5609.

⁴"Self-exclusion list" appears to be synonymous with "voluntary exclusion list".

⁵Sources: Petry NM, Stinson FS, Grant BF. Comorbidity of DSM-IV pathological gambling and other psychiatric disorders: results from the national epidemiologic survey on alcohol and related conditions. Journal of Clinical Psychiatry. 2005;66:564-574.

Shaffer HJ, Hall MN, Vander Bilt J. Estimating the prevalence of disordered gambling behavior in America and Canada: a research synthesis. American Journal of Public Health. 1999;89:1369-1376.

⁶Source: Diagnostic and Statistical Manual of Mental Disorders, Washington, DC: American Psychiatric Association; 2000.

⁷Sources: Scherrer JF, Slutske WS, Xian H, Waterman B, Shah KR, Volberg R, et al. Factors associated with pathological gambling at 10-year follow-up in a national sample of middle-aged men. Addiction. 2007;102:970-978. Lorenz VC, Yaffee RA. Pathological gambling: psychosomatic, emotional and marital difficulties as reported by the spouse. Journal of Gambling Behavior. 1988;4:13-26.

⁸Source: Gerstein DR, Volberg RA, Toce MT, Harwood H, Johnson RA, Buie T, et al. Gambling Impact and Behavior Study: report to the National Gambling Impact Study Commission. New York, NY: Christiansen/Cummings Associates; 1999.

⁹Sources: Boardman B, Perry JJ. Access to gambling and declaring personal bankruptcy. Journal of Socio-Economics. 2007;36:789-801.

Garrett TA. The rise in personal bankruptcies: the Eighth Federal Reserve District and beyond. Federal Reserve Bank of St Louis Review. 2007;81:15-37.

Thalheimer R, Ali MM. The relationship of pari-mutuel wagering and casino gaming to personal bankruptcy. Contemporary Economic Policy. 2004;22:420-432.

Barron JM, Staten ME, Wilshusen SM. The impact of casino gambling on personal bankruptcy filing rates. Contemporary Economic Policy. 2002;20:440-455.

de la Vina L, Bernstein D. The impact of gambling on personal bankruptcy rates. Journal of Socio-Economics. 2002;31:503-509.

Gerstein DR, Volberg RA, Toce MT, Harwood H, Johnson RA, Buie T, et al. Gambling Impact and Behavior Study: report to the National Gambling Impact Study Commission. New York, NY: Christiansen/Cummings Associates; 1999.

¹⁰Sources: Wong TW. The Biopsychosocial Consequences of Pathological Gambling. Psychiatry. 2005:2(3):22-30.

Natelson BH. Stress, hormones, and disease. Physiology & Behavior. 2004;82(1):139-43.

Littman-Sharp N. Gambling, fatigue, and drowsy driving. Presented at the 17th Annual National Conference on Problem Gambling, Louisville, KY: 2003.

¹¹Sources: Wong TW. The Biopsychosocial Consequences of Pathological Gambling. Psychiatry. 2005:2(3):22-30.

Ladd GT, Petry NM. A comparison of pathological gamblers with and without substance abuse treatment histories. Experimental and Clinical Psychopharmacology. 2003;11(3):202-9.

Hollander E, Buchalter AJ, DeCaria CM. Pathological gambling. Psychiatric Clinics of North America. 2000;23(3):629-42.

Crockford DN, el-Guebaly N. Psychiatric comorbidity in pathological gambling: A critical review. The Canadian Journal of Psychiatry. 1998;43(1):43-50.

Briggs JR, Goodin BJ, Nelson T. Pathological gamblers and alcoholics: Do they share the same addictions? Addictive Behaviors. 1996;21(4):515-9.

¹²Sources: Gainsbury SM. Review of Self-exclusion from Gambling Venues as an Intervention for Problem Gambling. Journal of Gambling Studies. 2014:30:229-251.

Hayer T, Meyer G. Self-exclusion as a harm minimization strategy: Evidence from the casino sector from selected European countries. Journal of Gambling Studies 2011:27:685-700.

Nelson SE, Kleschinsky JH, LaBrie RA, Kaplan S, Shaffer HJ. One decade of self-exclusion: Missouri casino self-excluders four to ten years after enrolment. Journal of Gambling Studies. 2010:26:129-144.

Tremblay N, Boutin C, Ladouceur R. Improved Self-exclusion program: Preliminary results. Journal of Gambling Studies. 2008:24:505-518.

Ladouceur R, Sylvain C, Gosselin P. Self-exclusion program: A longitudinal evaluation study. Journal of Gambling Studies. 2007:23, 85-94.

¹³General physical description would no longer be an option for lifetime applicants.

¹⁴VDACS reports that the proposed amendment to add photographs of the individuals on the self-exclusion list sent by Virginia Lottery to VDACS (Office of Charitable and Regulatory Programs) will not impact the program so long as the current method of delivery of the list does not differ. Furthermore, VDACS does not anticipate any impact from the other proposed amendments.

¹⁵The 2016 study was conducted by American National Election Studies, which is a collaboration of Stanford University and the University of Michigan, with funding by the National Science Foundation. https://electionstudies.org/data-center/2016-time-series-study/

¹⁶Data source: Virginia Lottery.

¹⁷Ibid

¹⁸Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

¹⁹Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

²⁰If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

²¹"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

²²Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to the Department of Planning and Budget's Economic Impact Analysis: The Virginia Lottery is in receipt of and has reviewed the Department of Planning and Budget economic impact analysis (EIA). The Virginia Lottery is satisfied with the EIA and has no additional comments.

Summary:

The amendments (i) incorporate casinos and casino gaming into the Self-Exclusion Program as required by § 58.1-4103 of the Code of Virginia and (ii) require an individual who wants to be self-excluded to provide a photo identification containing the individual's signature to the program.

11VAC5-60-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Department" or "Virginia Lottery" means the Virginia Lottery Department, the independent department that pursuant to § 58.1-4031 of the Code of Virginia is agency responsible for the operation administration of the Commonwealth's sports betting program set forth in Articles 1 (§ 58.1-4000 et seq.) and 2 (§ 58.1-4030 et seq.) of Chapter Virginia Lottery pursuant to Chapters 40 (§ 58.1-4000 et seq.) and 41 (§ 58.1-4100 et seq.) of Title 58.1 of the Code of Virginia.

"Self-excluded individual" means any individual whose name is included, at the individual's own request, on the self-exclusion list maintained by the department.

"Self-exclusion list" means a list maintained by the department of names of individuals who, pursuant to this chapter, have voluntarily agreed to refrain from (i) playing any account based account-based lottery game authorized under the provisions of the Virginia Lottery Law; (ii) participating in sports betting, as defined in § 58.1-4030 of the Code of Virginia; and (iii) participating in casino gaming, as defined in § 58.1-4100 of the Code of Virginia; and (iv) participating in gaming activities administered by the Office of Charitable and Regulatory Programs or the Virginia Racing Commission. Self-excluded individuals whose names are on the self-exclusion list are prohibited from collecting any winnings or recovering any losses resulting from violation of the restrictions to which such individuals have agreed.

"Targeted mailing" means an advertisement or promotional offer directed to an individual on the basis of specific criteria, such as being a member or former member of a casino rewards club, a former sports betting participant, or a participant in social games. "Targeted mailing" does not include mass mailings made to an entire area or zip code nor does it include an advertisement that arrives in a packet of five or more non-gaming advertisements if such packet of advertisements is addressed to "resident," "occupant," or some similar wording and not to a specific individual. "Targeted mailing" further does not include any internet "pop-up" advertisement that appears on an individual's computer or mobile device on the basis of the individual's internet protocol address.

"Thing of value" means anything of value that may be used to engage in lottery, or sports betting, or casino gaming activity, including cash and other forms of payment permissible under Chapter Chapters 40 (§ 58.1-4000 et seq.) and 41 (§ 58.1-4100 et seq.) of Title 58.1 of the Code of Virginia, as well as free play offers and incentives.

"Winnings" means the aggregate total of proceeds from each individual winning lottery ticket or sports wager or casino game and shall not be reduced by any individual losses resulting from such activities.

11VAC5-60-20. Request for self-exclusion.

A. An individual may have his name be placed on the department's self-exclusion list by submitting a request in the form and manner required by this section.

B. An individual requesting placement on the self-exclusion list shall submit a completed request for self-exclusion over the internet or as otherwise required by this chapter. If an individual requests to be placed on the self-exclusion for life list, such request shall be made in person at department headquarters or any other location specified by the department.

C. An individual requesting placement on the self-exclusion for life list shall submit, in person, a completed request for self-exclusion as required by this chapter. The request shall be delivered to department headquarters or any other location specified by the department. Any individual submitting a self-exclusion for life request shall be required to present valid identification credentials containing the individual's signature and either a photograph or a general physical description.

D. A request for self-exclusion shall be in a form prescribed by the department that shall include:

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

a. Name, including any aliases or nicknames;

b. Date of birth;

c. Street and mailing address of current residence;

d. Telephone number; and

e. Social Security Number, which information is voluntarily provided in accordance with § 7 of the Privacy Act (5 USC § 552a); and

f. Valid identification credentials containing the individual's signature and a photograph of the individual.

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

a. Two years;

b. Five years; or

c. Lifetime;

3. An acknowledgment that individuals on the self-exclusion list 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;

4. An acknowledgment that the department shall coordinate the administration of the self-exclusion program with the Office of Charitable and Regulatory Programs and the Virginia Racing Commission pursuant to procedures developed by the department;

5. An acknowledgment that the department will share the self-exclusion list with operators of legal gambling in the Commonwealth and that such operators, pursuant to their own policies, may extend the exclusion of the individual to offerings at the operators' locations outside the borders of the Commonwealth;

6. An acknowledgment that the individual requesting self-exclusion shall notify the department within seven days if the individual's address or other contact information changes; and

7. A waiver and release that shall release and forever discharge the Commonwealth of Virginia, the department, the department's employees and agents, all holders of permits to operate a sports betting platform and licenses to operate a casino gaming establishment and their employees and agents, the Office of Charitable and Regulatory Programs, and the Virginia Racing Commission and their employees and agents from any liability to the individual requesting self-exclusion, as applicable, and the individual's heirs, administrators, executors, and assigns for any harm, monetary or otherwise, that may arise out of or by reason of any act or omission relating to the request for self-exclusion or request for removal from the self-exclusion list, including:

a. The processing or enforcement of the request for self-exclusion or request for removal from the self-exclusion list;

b. The failure to withhold gaming privileges from or restore gaming privileges to a self-excluded individual;

c. Permitting a self-excluded individual to engage in gaming activity while on the list of self-excluded individuals; and

d. Disclosure of the information contained in the self-exclusion list, except for a willfully unlawful disclosure of such information.

E. For self-exclusion submissions for a stated period of time:

1. A sports betting permit holder or casino gaming establishment shall provide a link directly to the department's self-exclusion application form.

2. The department's online self-exclusion form shall provide to the self-excluding individual for the individual's acknowledgment the following statement:

"I am voluntarily requesting exclusion from all Virginia sports betting, casino gaming, and account based account-based lottery. I also understand that the department will share my information with the Office of Charitable and Regulatory Programs, the Virginia Racing Commission, and all Virginia sports betting permit holders and casino gaming establishments, any of whom may prohibit me from participating in further gaming activities regulated or provided by those entities, including out-of-state sports betting sites or casinos in accordance with the policies of that sports betting permit holder or casino gaming establishment. I agree to notify the department within seven days if my contact information changes. I certify that the information I have provided is true and accurate, and that I have read and understand and agree to the waiver and release included with this request for self-exclusion. I am aware that my digital signature authorizes the department to prohibit me from participating in all account-based lottery games and to direct all holders of sports betting permits and casino gaming establishments in Virginia to restrict my gaming activities. I am further aware that my digital signature authorizes the department to share my information with the Office of Charitable and Regulatory Programs and the Virginia Racing Commission, who may further restrict my gaming activities. In accordance with this request and until such time as the department removes my name from the self-exclusion list under the terms of my request for voluntary self-exclusion, I am aware and agree that during any period of self-exclusion any money obtained by me in violation of the terms of my self-exclusion shall be subject to forfeiture and donated to the Commonwealth's Problem Gambling Treatment and Support Fund."

F. For lifetime self-exclusion submissions:

1. The signature of the individual submitting the request shall acknowledge the following statement:

"I am voluntarily requesting exclusion from all Virginia sports betting, casino gaming, and account based account-based lottery. In addition, I understand that my information will be shared with the Office of Charitable and Regulatory Programs, the Virginia Racing Commission, and all Virginia sports betting permit holders and casino gaming establishments, any of whom may prohibit me from participating in further gaming activities regulated or provided by those entities, including out-of-state sports betting sites or casinos in accordance with the policies of that sports betting permit holder or casino establishment. I agree to notify the department within seven days if my contact information changes. I certify that the information I have provided is true and accurate, and that I have read and understand and agree to the waiver and release included with this request for self-exclusion. I am aware that my signature authorizes the department to prohibit me from participating in all account-based lottery games and to direct all holders of sports betting permits and casino gaming establishments in Virginia to restrict my gaming activities. I am further aware that my signature authorizes the department to share my information with the Office of Charitable and Regulatory Programs and the Virginia Racing Commission, who may further restrict my gaming activities. In accordance with this request I am aware and agree that any money obtained by me in violation of the terms of my self-exclusion shall be subject to forfeiture and donated to the Commonwealth's Problem Gambling Treatment and Support Fund."

2. The department shall document the type of identification credentials that were examined containing the signature of the individual requesting lifetime self-exclusion.

3. A department employee authorized to accept a self-exclusion request shall sign the application form and confirm that the signature of the individual on the request for lifetime self-exclusion appears to agree with that contained on his the individual's identification credentials.

4 The department shall confirm the individual's request to be placed on the lifetime self-exclusion list.

11VAC5-60-30. Self-exclusion list.

A. The department shall maintain the official self-exclusion list and shall transmit notification of any addition to or deletion from the list to:

1. Each Virginia sports betting permit holder;

2. Each Virginia casino gaming establishment;

3. The Office of Charitable and Regulatory Programs; and

3. 4. The Virginia Racing Commission.

B. Each party noted in subsection A of this section shall maintain its own copy of the self-exclusion list and shall establish procedures to ensure that its copy of the list is kept up to date. All appropriate employees and agents of the parties noted in subsection A of this section who are notified of any addition to or deletion from the self-exclusion list shall update their lists accordingly. Changes to the list shall be made by each party noted in subsection A of this section within seven days after the day the notice is transmitted and any remaining balance in the individual's gaming account shall be refunded pursuant to internal control standards approved by the department and the department's regulations. The notice provided by the department shall include the following information concerning any individual whose name is added to the list:

1. Name, including any aliases or nicknames;

2. Date of birth;

3. Street and mailing address of current residence;

4. Telephone number; and

5. Social Security number if voluntarily provided by the individual requesting self-exclusion; and

6. A photograph of the individual.

C. Information furnished to or obtained by the department pursuant to this chapter shall be deemed confidential and not be disclosed except in accordance with this chapter. The voluntary self-exclusion list and the personal information of participants in the voluntary self-exclusion program shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

D. Except as provided in this subsection, no employee or agent of the department or any of the parties included in subsection A of this section shall disclose the name of or any information about any excluded individual to anyone other than employees and agents whose duties and functions require access to such information.

1. Any sports betting permit holder or casino gaming establishment may disclose the name of and information about a self-excluded individual to appropriate employees of other sports betting permit holders or casino gaming establishments in Virginia for the purpose of alerting the employees that a self-excluded individual has tried to gamble or obtain gaming related privileges or benefits from the sports betting permit holder or casino gaming establishment. In addition, the permit holder or casino may share the name of and information about self-excluded individuals across the permit holder's corporate enterprise of the permit holder or casino, including sharing such information with any of its affiliates.

2. It shall be permissible for a sports betting permit holder or casino gaming establishment, or an employee or agent thereof, to disclose the names of individuals on the self-exclusion list to a third party that is registered or, licensed, or permitted by the department pursuant to 11VAC5-70 or 11VAC5-90 for the purpose of allowing the third party to remove the names of such individuals from a targeted mailing or other advertising or promotion to be made on behalf of the sports betting permit holder or casino gaming establishment. The company third party to whom such the self-exclusion list is disclosed shall be prohibited from distributing or disclosing the list to the public or to any other party and shall be required to establish procedures approved by the department to ensure the self-exclusion list is not disclosed.

3. A registered, licensed, or registered company permitted third party that obtains the self-exclusion list from a sports betting permit holder or casino gaming establishment shall be permitted to use the list solely to exclude names or addresses from a marketing campaign on behalf of the sports betting permit holder or casino gaming establishment. Such company may not use the self-exclusion list for any other type of marketing or for any other purpose whatsoever.

11VAC5-60-40. Duties of sports betting permit holder and casino gaming establishment.

A. A sports Sports betting permit holder holders and casino gaming establishments shall establish procedures that are designed, to the greatest extent practicable, to:

1. Prevent an individual on the self-exclusion list from opening a new sports betting or casino gaming player's account and from entering onto the gaming floor of a casino;

2. Identify and suspend any sports betting or casino gaming accounts of an individual on the self-exclusion list;

3. Refund any remaining balance to an individual on the self-exclusion list consistent with the department's regulations and the permit holder's department-approved internal control standards as approved by the department controls of the permit holder or casino;

4. Ensure that self-excluded individuals do not receive, either from the permit holder or casino or any agent thereof, targeted mailings, telemarketing promotions, player club materials, or other targeted promotional materials relating to sports betting or casino gaming; and

5. Enforce the provisions of this chapter.

B. Upon notification that an individual has been added to or deleted from the self-exclusion list, each sports betting permit holder and casino gaming establishment shall comply with all relevant provisions of 11VAC5-60-50.

C. Each sports betting permit holder shall maintain on file a current copy of the permit holder's internal control standards procedures established pursuant to 11VAC5-60-60 and 11VAC5-70.

D. Each casino gaming establishment shall maintain on file a current copy of the casino's internal control standards procedures established pursuant to 11VAC5-60-60 and 11VAC5-90.

11VAC5-60-50. Removal from self-exclusion list.

A. Upon expiration of the period of self-exclusion requested pursuant to 11VAC5-60-20, the department shall remove the individual's name from the self-exclusion list and notify each sports betting permit holder, each casino gaming establishment, the Office of Charitable and Regulatory Programs, and the Virginia Racing Commission of the removal.

B. Within seven days of receipt of notice from the department, the parties notified in subsection A of this section shall delete the name of the individual from the parties' self-exclusion lists.

11VAC5-60-60. Forfeiture of winnings by self-excluded individual.

A. If a sports betting permit holder or casino gaming establishment detects or is notified of the presence of a sports bettor suspected of being a self-excluded individual who has engaged in or is engaging in gaming activity, the permit holder or casino gaming establishment shall take reasonable measures to verify that the sports bettor individual is a self-excluded individual and the evidence of the individual's exclusion.

B. Upon verification of the individual's self-excluded status, the sports betting permit holder or casino gaming establishment shall:

1. Immediately prohibit access to the individual's sports betting or casino gaming player's account, prohibit any further gaming activity, return the balance accrued prior to the exclusion request, and seize any winnings that accrue after the exclusion request; and

2. Issue a Payout Receipt and Notice of Forfeiture to the excluded player in person or via electronic or regular mail, containing the following:

a. The total value and a detailed description of winnings that were seized;

b. The date of the incident;

c. The name of the self-excluded individual, if known, and basis for determining the individual is a self-excluded individual;

d. The street and mailing address of the self-excluded individual, if known, at which the individual may be notified regarding any future proceedings;

e. The date of the in-person, internet, or mobile wagering session during which the self-excluded individual was engaged in a gaming transaction; and

f. Notice to the self-excluded individual that the department shall be seeking forfeiture of the winnings seized, that the individual has the right to be heard about the forfeiture, and that failure to respond to a forfeiture notice from the department shall be deemed a waiver of the right to be heard.

C. The original Payout Receipt and Notice of Forfeiture prepared and signed as required in subsection B of this section shall be maintained on file by the sports betting permit holder or casino gaming establishment. Copies of the document shall be provided to the self-excluded individual and filed with the department, which filing may be made electronically.

D. All funds identified by a permit holder or casino as subject to forfeiture shall be maintained separately and held by the sports betting permit holder or casino until further order of the department or upon notice from the department that the funds may be released.

E. Pursuant to the self-excluded individual's request submitted under 11VAC5-60-20, any winnings seized from a self-excluded individual shall be subject to forfeiture, following notice to the self-excluded individual and an opportunity to be heard. A failure to respond to a forfeiture notice shall result in the waiver of the right to be heard.

F. The internal control standards of a sports betting permit holder or casino gaming establishment shall contain procedures for processing any winnings seized from a self-excluded individual as if the winnings were paid and reported in accordance with normal procedures applicable to such payouts. Such procedures shall include, however, such modification to forms or additional documentation as necessary to record and report the payout as a payout withheld from a self-excluded individual. This documentation shall be compared by the sports betting permit holder's accounting department of the permit holder or casino at the end of the gaming day to the copy of the Payout Receipt and Notice of Forfeiture. Any winnings withheld from a self-excluded individual that are paid and reported in accordance with the normal procedures applicable to such payouts, as modified in this section, shall be deducted in the calculation of gross revenue as if the winnings were actually paid to the self-excluded individual.

G. The department may initiate forfeiture of a self-excluded individual's winnings by sending notice to the self-excluded individual via personal service or regular mail sent to the address provided by the individual. Notice shall include a description of the winnings subject to forfeiture and the self-excluded individual's right to a hearing.

H. If the self-excluded individual wishes to contest the forfeiture, the individual shall submit a written request for a hearing within 15 days of the date of the notice of the forfeiture. If no response is filed by the self-excluded individual within 15 days of the date of the notice of the forfeiture, the winnings shall be deemed forfeited and transmitted to the Commonwealth's Problem Gambling Treatment and Support Fund. The decision of the board department shall be final and may not be appealed.