Kan. Admin. Regs. § 112-112-5 - Requirements for placement on the self-exclusion list
(a) Any person may
seek placement on the self-exclusion list by performing the following:
(1) Requesting an application in person from
commission staff at any gaming facility , parimutuel licensee location, or fair
association race meet or at the commission 's Topeka office during regular
business hours; and
(2) completing
and executing the application with a commission staff person .
(b) If the person is unable to
appear in person at a gaming facility , parimutuel licensee location, or fair
association race meet or at the Topeka office, the person may contact the
commission 's Topeka office during regular business hours so that other
arrangements can be made.
(c) Each
completed application shall be a closed record pursuant to
K.S.A.
45-221(a)(30) and amendments
thereto.
(d)
(1) Each application shall contain a
statement that the applicant will refrain from visiting gaming facilities,
parimutuel licensee locations, and fair association race meets in Kansas. Each
person seeking placement on the self-exclusion list shall also acknowledge on
the application that by being placed on the list, that person may be subject to
a charge of trespass pursuant to K.S.A. 21-3721, and amendments thereto, if
that person is discovered at a gaming facility , parimutuel licensee location,
or fair association race meet by any agent or employee of the commission or by
facility manager staff.
(2) The
applicant shall acknowledge that the applicant's request to be placed on the
self-exclusion list could result in being denied service or access to gaming
and entertainment facilities in other jurisdictions. Furthermore, the applicant
shall acknowledge that the commission and all facility managers will prohibit
the applicant from entering the premises of all gaming facilities, parimutuel
licensee locations, and fair association race meets.
(e)
(1) As a
part of the application, each applicant shall agree that facility managers and
their employees have the right to communicate information in the application to
entities affiliated with the facility manager that have a need to know the
information for the purpose of complying with this article.
(2) Each facility manager shall be
responsible for maintaining the confidentiality of the information provided in
the application and shall use the information exclusively to deny persons on
the self-exclusion list access to facilities under the control of the facility
manager and its affiliates.
(f) An applicant's failure to provide any
information or to complete any forms provided by the commission may result in a
denial of a request for placement on the selfexclusion list.
(g) Self-exclusion list application forms
shall include at a minimum a waiver of liability of the commission and its
agents, the Kansas lottery and its agents, the state of Kansas, any person
licensed pursuant to the Kansas expanded lottery act or parimutuel racing act,
and any other person deemed necessary by the commission for any claims or
damages that arise out of or relate to the selfexclusion list or its use.
(h) Upon an applicant's submission
of a completed selfexclusion list application, a notice of placement on the
self-exclusion list may be filed by the executive director . Each notice of
placement shall be a closed record pursuant to
K.S.A.
45-221(a)(30) and amendments
thereto, except that the application and notice may be disclosed to facility
managers and their agents, employees, and affiliates who have a need to know
the information for the purpose of complying with this article.
(i) A copy of the notice of placement on the
self-exclusion list shall be delivered by the executive director to the
applicant by regular U.S. mail to the home address specified on the
application. The applicant shall be deemed to be placed on the self-exclusion
list when that person submits the application to the executive director for
placement on the self-exclusion list, not at the time the notice is delivered
to the applicant.
(j) If the
executive director finds that an applicant does not qualify for placement on
the self-exclusion list or that the applicant should be allowed to withdraw the
application, the applicant shall be notified by the executive director by
regular U.S. mail sent to the home address specified on the application.
Notes
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