Mich. Admin. Code R. 432.513a - Member, executive director, board employee, or agent; conduct generally

Rule 513a.

(1) By January 31 of each year, each member, the executive director, and all employees of the board shall file 1 or more board disclosure forms. The board shall determine the contents of the form, but the form must include any information that is necessary to ensure the integrity of fantasy contests and the disclosure of all relevant financial information. The form may be combined with similar forms required by other acts or rules.

(2) If a member, the executive director, a board employee, or an agent negotiates for, or acquires by any means, any interest in a fantasy contest operator, licensed management company, applicant, or affiliate, he or she must immediately provide written notice of the details of the interest to the chairperson. The member, executive director, board employee, or agent must not act on behalf of the board with respect to that fantasy contest operator, licensed management company, applicant, or affiliate.

(3) A member, the executive director, a board employee, or an agent may enter into any negotiations for employment with a fantasy contest operator, licensed management company, applicant, or affiliate. The member, executive director, board employee, agent, fantasy contest operator, licensed management company, applicant, or affiliate must immediately notify the chairperson and the executive director once the invitation to negotiate has been extended. A potential employer asking if an individual would be interested in a position or explaining the nature of a position does not constitute negotiations for employment. Further, an individual completing an employment application does not constitute negotiations for employment. The member, executive director, board employee, or agent must not take any action on behalf of the board with respect to that fantasy contest operator, licensed management company, applicant, or affiliate while the negotiations are ongoing.

(4) All members, the executive director, board employees, agents, and contractors must, to the maximum extent possible, avoid situations, relationships, or associations that may represent or lead to an actual or perceived conflict of interest.

(5) A member, the executive director, a board employee, or an agent or their spouse may not accept any gift, gratuity, compensation, travel, lodging, or anything of value, directly or indirectly, from any fantasy contest operator, licensed management company, applicant, affiliate, or representative, unless the acceptance conforms to a written policy issued by the chairperson or his or her designee. The chairperson or his or her designee may exempt attendance at a reception and food and drink for immediate consumption from this policy.

The policy must be publicly available and shared with all fantasy contest operators, licensed management companies, applicants, and affiliates.

(6) A fantasy contest operator, licensed management company, applicant, affiliate, or representative shall not, directly or indirectly, give or offer to give any gift, gratuity, compensation, travel, lodging, or things of value to any member, the executive director, a board employee, or an agent or their spouse that the member, executive director, board employee, or agent or their spouse is prohibited from accepting under subrule (5) of this rule.

(7) A fantasy contest operator, licensed management company, applicant, affiliate, or representative must not engage in ex parte communications with a member of the board. A member of the board must not engage in any ex parte communications with a fantasy contest operator, licensed management company, applicant, affiliate, or representative.

(8) Any member, fantasy contest operator, licensed management company, applicant, affiliate, or representative who receives any ex parte communication in violation of subrule (7) of this rule, or who is aware of an attempted communication in violation of subrule (7) of this rule, must immediately report details of the communication or attempted communication in writing to the chairperson.

(9) A member, the executive director, a board employee, or an agent must not have a fantasy contest player account or enter or participate in any fantasy contest conducted under the act unless either or both of the following apply:

(a) The member, executive director, board employee, or agent possesses a fantasy contest player account or enters or participates in a fantasy contest as part of the individual's surveillance, security, or other official duty authorized by the board.

(b) The member, executive director, board employee, or agent possesses a test account or enters or participates in a fantasy contest using a test account in accordance with R 432.532b(12).

(10) Violation of this rule by a fantasy contest operator, licensed management company, applicant, affiliate, or representative may result in denial of an application for licensure, revocation or suspension of a license, or other action by the board.

(11) Violation of this rule does not create a civil cause of action.

Notes

Mich. Admin. Code R. 432.513a

2023 MR 20, Eff. 10/11/2023