Ohio Admin. Code 3772-74-18 - Sanctions

(A) The commission may, at a meeting held under section 3772.02 of the Revised Code, sanction any licensee, applicant, or other person subject to the requirements of fantasy contest law for any of the following:

(1) Violating or failing to meet any provision or requirement of fantasy contest law;

(2) Engaging in any misrepresentation or material omission;

(3) Engaging in any fraudulent act;

(4) Failing to cooperate with the commission;

(5) Failing to comply with all terms and conditions of a settlement agreement or agreed order with the commission and any subsequent amendments or modifications thereto;

(6) Failing to comply with the terms and conditions of a commission order or resolution and any subsequent amendments or modifications;

(7) Failing to allow the commission access to records, to comply with the terms of a subpoena issued by the commission, or to testify on matters about which the person may be lawfully questioned, pursuant to rule 3772-74-04 of the Administrative Code; or

(8) Engaging in any conduct that undermines the integrity of fantasy contests or the public's confidence in fantasy contests.

(B) The commission may, at a meeting held under section 3772.02 of the Revised Code, impose any sanction set forth in fantasy contest law, including any of the following:

(1) Denial, non-renewal, revocation, suspension, conditioning, or restriction of a license;

(2) Revocation, suspension, or restriction of the conduct or participation in the conduct of fantasy contests in this state;

(3) A monetary fine;

(4) A monetary civil penalty; or

(5) Any other sanction imposed upon or agreed to by a licensee, applicant, or any other person.

(C) If the alleged violation is the result of or results in the unlawful obtainment, maintenance, or retention of any money or property, including funds not properly segregated pursuant to division (A)(3) of section 3774.03 of the Revised Code, the commission may, at a meeting held under section 3772.02 of the Revised Code, in addition to any other penalty or fine levied under fantasy contest law, order the disgorgement of any money or value of the property that was unlawfully obtained, maintained, or retained.

(D) The commission shall not be precluded from finding multiple violations within a day, if each violation is the result of separate and distinct acts.

(E) The commission may hold applicants, licensees, or other persons jointly and severally liable for violations of fantasy contest law.

Notes

Ohio Admin. Code 3772-74-18

Five Year Review (FYR) Dates: 7/22/2024 and 07/22/2029
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3774.03
Rule Amplifies: 3772.03, 3774.03, 3774.07
Prior Effective Dates: 09/03/2019

Effective: 9/3/2019
Five Year Review (FYR) Dates: 09/03/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3774.03
Rule Amplifies: 3772.03, 3774.03, 3774.07