16 Tex. Admin. Code § 402.402 - Registry of Bingo Workers
(a)
Definitions. The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) Bingo Chairperson--an individual named in
accordance with Texas Occupations Code §
2001.002 (4-a) and
§2001.102(b)(6).
(2)
Bookkeeper--an individual ultimately responsible for the preparation of any
financial records for information reported on the Texas Bingo Conductor's
Quarterly Report or for preparation and maintenance of bingo inventory records
for a licensed authorized organization.
(3) Caller--an individual who operates the
bingo ball selection device and announces the balls selected.
(4) Cashier--an individual who sells and
records bingo card and pull-tab sales to bingo players and/or pays winners the
appropriate prize.
(5) Completed
Application--A registry application or renewal form prescribed by the
Commission which is legible and lists at a minimum the applicant's complete
legal name, address, social security number or registry number, date of birth,
gender and signature.
(6)
Manager--an individual who oversees the day-to-day operation of the bingo
premises.
(7) Operator--means an
active bona fide member of a licensed authorized organization that has been
designated on a form prescribed by the Commission prior to acting in the
capacity as the organization's operator.
(8) Provisional Employee--an individual who
is employed by a licensed authorized organization as an operator, manager,
cashier, usher, caller, or salesperson while awaiting the results of a
background check, whether paid or not.
(9) Salesperson--an individual who monitors
bingo players, sells bingo cards and pull-tabs, verifies winning cards and
pull-tabs and/or delivers the prize money to the winners; may be referred to as
an usher, floor worker, or runner.
(10) Usher--an individual who monitors bingo
players, sells bingo cards and pull-tabs, verifies winning cards and pull-tabs
and/or delivers the prize money to the winners; may be referred to as a
salesperson, floor worker or runner.
(b) Who must be listed on the Registry of
Approved Bingo Workers. Any individual who carries out or performs the
functions of a caller, cashier, manager, operator, usher, salesperson,
bookkeeper, or bingo chairperson as defined in subsection (a) of this section
must be listed on the Registry of Approved Bingo Workers prior to being
involved in the conduct of bingo.
(c) Each individual must submit a completed
Texas Application for Registry of Approved Bingo Workers as prescribed by the
Commission to remain on the Registry of Approved Bingo Workers.
(d) The registrant will be added to the
registry as soon as possible after the Commission has determined that the
individual is eligible to be involved in the conduct of bingo or act as an
operator.
(e) For purposes of the
Registry of Approved Bingo Workers, each operator, bookkeeper, and bingo
chairperson must be designated on the licensed authorized organization's
license to conduct bingo application.
(f) A licensed authorized organization must
submit the name of a registered operator, bookkeeper, or bingo chairperson on a
form prescribed by the Commission prior to the individual's acting in that
capacity.
(g) A registered worker
who fails to timely submit the prescribed form to renew listing on the registry
may not be involved in the conduct of bingo until the individual is again added
to the registry. It is the responsibility of the licensed authorized
organization to review the registry to confirm that the individual's
registration is current.
(h) How to
be listed on the Registry of Approved Bingo Workers. For an individual to be
listed on the Registry of Approved Bingo Workers, an individual must:
(1) submit a completed Texas Application for
Registry of Approved Bingo Workers form as prescribed by the
Commission;
(2) submit a verifiable
FBI or DPS fingerprint card if at the time of registration:
(A) the individual is residing outside of
Texas; or
(B) the individual
maintains a driver's license or registration in another state;
and
(3) be determined by
the Commission to not be ineligible under Texas Occupations Code, §
2001.105(a)(6)
or the Commission's Rules.
(i) Incomplete Applications. The Commission
will notify the applicant at the address provided if the registry application
or renewal form submitted is not complete and will identify what is missing.
The original application will be returned to the applicant for correction and
resubmission. It is the responsibility of the registry applicant to resubmit a
completed application before it may be processed. Failure to submit an FBI or
DPS fingerprint card, if required, is grounds for denial or removal of the
registration.
(j) An individual
listed on the registry must notify the Commission of any changes to information
contained on the Texas Application for Registry of Approved Bingo Workers on
file with the Commission within 30 days of the change in information. Such
notification shall be in writing or other approved electronic means.
(k) Identification Card for Approved Bingo
Worker.
(1) The Commission will issue an
identification card indicating that the individual is listed on the registry. A
registered worker and operator must wear his/her identification card while on
duty.
(2) The identification card
worn by the registered worker or operator while on duty must be
visible.
(3) The identification
card shall list the individual's name, unique registration number and registry
expiration date as issued by the Commission. An individual may obtain the
unique registration number and registry expiration date from the Registry of
Approved Bingo Workers on the Commission's website or by requesting the
registration number and registry expiration date from the Commission.
(4) An identification card is not
transferable and may be worn only by the individual identified on the
card.
(5) Upon request by a
Commission employee, an individual described in subsection (a) of this section
shall present personal photo identification in order to verify the
identification card is that individual's card.
(l) How to Obtain Additional Approved
Identification Cards.
(1) A completed
identification card may be obtained from the Commission by submitting the
required form.
(2) An individual
who has been approved to work in charitable bingo may complete an
identification card form provided by the Commission for use while on duty.
Blank identification card forms may be obtained from the Commission. The
individual requesting the identification card form(s) must submit any required
fee and the required form for the blank identification card form.
(3) The identification card prepared by the
individual may only be on a prescribed Commission card form and must be legible
and include the individual's name, unique registration number, and registry
expiration date.
(m) A
licensed authorized organization which is reporting conduct where there is a
substantial basis for believing that the conduct would constitute grounds for
removal or refusal to list on the registry shall make the report in writing to:
Bingo Registry, Texas Lottery Commission, P.O. Box 16630, Austin, Texas
78761-6630.
(n) The provisions of
the Texas Occupations Code §
2001.313, related to
the registry of bingo workers, do not apply to an authorized organization that
does not have a regular license to conduct bingo who receives a temporary
license to conduct bingo.
(o) If
the Commission proposes to refuse to add or proposes to remove the individual
from the Registry of Approved Bingo Workers consistent with Texas Occupations
Code §
2001.313, the
Commission will give notice of the proposed action as provided by Government
Code, Chapter 2001.
(p) An
individual receiving notice that the Commission intends to refuse to add to or
intends to remove the individual from the Registry of Approved Bingo Workers
may request a hearing. Failure to submit a written request for a hearing within
30 calendar days of the date of the notice will result in the denial of the
application or removal of the registered worker from the registry.
(q) An individual who has been denied or
removed from the registry because of a conviction for an offense listed under
Occupations Code §
2001.105(b)
will not be eligible to reapply to be listed. An individual who has been denied
or removed from the registry because of a disqualifying criminal conviction not
listed under Occupations Code §
2001.105(b)
may reapply to be listed no earlier than five years after the commission of the
offense, or as otherwise allowed under the Commission's Rules.
(r) A provisional employee must:
(1) immediately stop working:
(A) after 30 days if the individual is not
listed on the registry and is a resident of this state;
(B) after 75 days if the individual is not
listed on the registry, not a resident of this state, and submitted a
fingerprint card for a background investigation. If the fingerprint cards are
returned by the law enforcement agency as unclassifiable, the Commission will
notify the individual, and the individual may continue to be provisionally
employed by submitting a written request and new fingerprint cards within 14
days of the notification;
(C) if
found to be ineligible on the basis of the background investigation;
and
(2) wear an
identification card while on duty with the registry applicant's name,
"Provisional Employment" as the unique registration number, and the submission
date of the registry application as the expiration date.
(s) A licensed authorized organization who
employs a provisional employee must maintain a copy of the registry applicant's
completed Texas Application for Registry of Approved Bingo Workers form
submitted to the Commission until the individual is listed on the registry or
the licensed authorized organization is notified that the individual is not
eligible to be listed. Payment for the employment of a provisional employee as
outlined in subsection (a)(8) of this section is an authorized bingo expense;
however, payment for non-registered workers is not an authorized bingo
expense.
Notes
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