Tenn. Comp. R. & Regs. 1350-01-.11 - [Effective until 12/28/2023] EXECUTIVE DIRECTOR FOR THE SPORTS WAGERING COUNCIL

The Council will hire an Executive Director for the purposes set forth in T.C.A. § 4-49-105(a), and the Executive Director shall have duties and responsibilities, including, but not limited to the following, all with the purpose of assisting and carrying out the Council's responsibilities under the Sports Gaming Act:

(1) To administer, manage, and direct the business affairs of the agency, subject to the control and direction of the Council.
(2) To serve as the Council's representative and agent in all matters before the General Assembly, and within all branches within state, federal and local governments.
(3) To manage all employment matters related to the Council and the agency, including the creation of job classifications, duties, and positions for staff to assist with carrying out the duties of the Council and the Executive Director. The Executive Director shall make offers of employment and set salaries, including any periodic merit increases, (excluding any salary or merit increase related to the Executive Director's compensation, which shall be set by the Council); devise, implement, and enforce employment policies consistent with state and federal law; terminate employment; and execute any other necessary disciplinary action as to staff members.
(4) To advise the Council of best practices with respect to Interactive Sports Gaming and any modifications to the procedures or standards of the Council's Rules as may be identified through the operations of Interactive Sports Gaming.
(5) To provide administrative and technical assistance to the Council and administer all programs and functions that have been required of the Council or as set forth in the Rules of the Council, including this Chapter 1350-01, Chapter 1350-02, and Chapter 1350-03.
(6) To send and receive notices required to be made to the Council or communications made on behalf of the Council, which may be sent to or issued from the Executive Director as agent of the Council;
(7) To execute such categories of individual contracts and agreements on behalf of the Council as the Council shall authorize, in accordance with Tennessee law.
(8) To supervise the expenditure of funds and be responsible for complying with all applicable state and federal law in the receipt and disbursement of funds. The Executive Director shall have authority to execute any necessary approvals required by the Department of Finance and Administration on behalf of the Council.
(9) To approve the voiding of Wagers on behalf of the Council.
(10) To approve change management orders or amendments to internal controls on behalf of the Council.
(11) To approve or deny the offering of Wagers on Sporting Events, the types of Wagers offered, and House Rules submitted by Licensees on behalf of the Council.
(12) To approve the methodology of receipt and format of data and information from Licensees and Vendors, on behalf of the Council.
(13) To issue a determination of completeness after review of a License or Vendor application, on behalf of the Council.
(14) To review advertisements and promotional materials submitted by Licensees, on behalf of the Council.
(15) To investigate suspected and reported violations of the Sports Gaming Act and the Council's Rules, and to issue subpoenas to compel the attendance of witnesses and the production of relevant books, accounts, records, and documents on behalf of the Council. The Executive Director shall recommend appropriate fines or civil penalties to the Council, as appropriate. The Executive Director may refer suspected and reported violations of the Sports Gaming Act, or other state or federal laws, to law enforcement, as appropriate.
(16) To carry out any delegation of authority, as may be received in writing from the Chairman of the Council, from time to time, as exigent circumstances may require.
(17) To carry out any other duties as prescribed or instructed by the Council.
(18) To address player complaints or to assign the investigation of player complaints to a staff designee.
(19) To determine whether a person qualifies as an Institutional Investor.
(20) To engage in settlement discussions on behalf of the Council.
(21) To issue letters of warning on behalf of the Council.
(22) To assess a fine or civil penalty in accordance with the Sports Gaming Act and these Rules, upon written delegation of authority from the Chairman of the Council.


Tenn. Comp. R. & Regs. 1350-01-.11
Emergency rules filed December 22, 2021 to become effective January 1, 2022; effective through June 30, 2022. New rules filed March 22, 2022; effective June 20, 2022. Rule was previously numbered 1350-01-.12 but was renumbered 1350-01-.11 with the deletion of original rule 1350-01-.09 filed June 20, 2023 to become effective 7/1/2023; effective through 12/28/2023. Emergency rules filed June 20, 2023 to become effective 7/1/2023; effective through 12/28/2023 (EMERGENCY).

Authority: T.C.A. §§ 4-49-105, 4-49-106, 4-49-115, 4-49-115(f), and 4-49-129.

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