Mich. Admin. Code R. 432.613a - Member, employee, or agent of board; conduct generally
Rule 613a.
(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 it must include such information as
necessary to ensure the integrity of internet gaming and 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, an
employee, or an agent of the board negotiates for, or acquires by any means,
any interest in a licensee, applicant, or person affiliated with a licensee or
applicant, he or she must immediately provide written notice of the details of
the interest to the chairperson. The member, executive director, employee, or
agent of the board must not act on behalf of the board with respect to that
licensee, applicant or person affiliated with the licensee or
applicant.
(3) A member, the
executive director, an employee, or an agent of the board may enter into any
negotiations for employment with a licensee, applicant or affiliate of a
licensee or applicant. The member, executive director, employee, agent,
licensee, applicant, or affiliate must immediately notify the chairman 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,
employee, or agent of the board must not take any action on behalf of the board
with respect to that licensee, applicant, or person affiliated with a licensee
or applicant while the negotiations are ongoing. 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.
(4) A member, the executive director, an
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 licensee, applicant, or an affiliate or representative of an applicant
or licensee, unless the acceptance conforms to a written policy issued by the
chairperson. The chairman 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 licensees.
(5) A licensee, applicant, or an affiliate or
representative of an applicant or licensee, 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, an employee, or an agent
of the board that the member, employee, or agent of the board is prohibited
from accepting under subrule (4) of this rule.
(6) A licensee, applicant, or an affiliate or
representative of an applicant or licensee 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 licensee, applicant, or affiliate
or representative of an applicant or licensee.
(7) Any member, licensee, applicant, or
affiliate or representative of a board member, licensee, or applicant who
receives any ex parte communication in violation of subrule (6) of this rule,
or who is aware of an attempted communication in violation of subrule (6) of
this rule, must immediately report details of the communication or attempted
communication in writing to the chairperson.
(8) A member, the executive director, an
employee, or an agent of the board must not have an internet wagering account
or participate in or wager on any internet gaming conducted in this state
except as part of the individuals surveillance, security, or other official
duty authorized by the board.
(9)
Violation of this rule by a licensee, applicant, or affiliate or a
representative of a licensee, applicant, or affiliate, may result in denial of
an application for licensure, revocation or suspension of a license, or other
action by the board.
(10) Violation
of this rule does not create a civil cause of action.
Notes
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