68 IAC 6-3-2 - Request for voluntary exclusion
Authority: IC 4-33-4; IC 4-35-4
Affected: IC 4-33; IC 4-35
Sec. 2.
(a) Except
as provided in section 1(c) of this rule, a voluntarily excluded person agrees
to refrain from entering the gaming area of all casinos.
(b) Any person requesting voluntary exclusion
may make a request for voluntary exclusion by following the procedures set
forth in this section. The request for voluntary exclusion may be made only by
the person requesting voluntary exclusion and not by any other person. A person
requesting voluntary exclusion must not be under the influence of alcoholic
beverages, controlled substances, or prescription drugs at the time he or she
makes a request for voluntary exclusion.
(c) Any person requesting voluntary exclusion
must submit a completed request for voluntary exclusion as outlined in
subsection (d). The person requesting voluntary exclusion must appear in person
at a commission office or another location designated by the executive director
to complete the request for voluntary exclusion. Commission offices are located
on the property of each casino in addition to an office located in
Indianapolis.
(d) A request for
voluntary exclusion must be on a form prescribed by the commission.
(e) The personal information of a voluntarily
excluded person is confidential. A voluntarily excluded person must agree that
in order to enforce the VEP, casinos must have access to the individual's
personal information. A voluntarily excluded person shall authorize the
commission staff to provide any identifying information contained in the
person's request for exclusion to the casinos to be able to enforce the
exclusion.
(f) A voluntarily
excluded person shall have the following ongoing obligations:
(1) Refrain from entering the gaming area of
casinos until the commission has approved a request for removal.
(2) Each time the personal information of a
voluntarily excluded person changes, he or she must provide the commission with
the updated information.
(3) Notify
the commission if direct mailing items from a casino are received addressed to
a voluntarily excluded person at his or her residence.
(g) A voluntarily excluded person who enters
the gaming area of a casino agrees to forfeit any jackpot or thing of value won
as a result of a wager made at a casino. The forfeited jackpots or items will
be withheld by the casino licensee and remitted to the commission. The
commission shall collect the items and funds. Voluntarily excluded persons may
appeal a forfeiture under this rule by following the procedures outlined in 68
IAC 7.
(h) Voluntarily excluded
persons agree to forfeit all points or complimentaries earned on or before the
request for voluntary exclusion. Points or complimentaries refer to credits
earned by a person under the terms of a casino licensee's marketing program as
approved by the commission and shall include, but not be limited to:
(1) food coupons;
(2) coupons or vouchers for chips;
(3) hotel complimentaries; or
(4) other similar noncash benefit owing to
the individual.
However, if at the time an individual makes a request for voluntary exclusion he or she is owed a cash amount from a casino licensee, the individual shall have the right to receive that amount from the casino licensee after enrollment in the VEP. To the extent that complimentaries or points described above may be redeemed for cash under the casino licensee's marketing program, the individual shall be entitled to receive that amount.
(i) Nothing in this rule
shall prohibit a casino licensee from alerting local law enforcement
authorities of a voluntarily excluded person's presence in a casino to effect
an arrest for trespassing.
Notes
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