R 432.623 Occupational licensing.

Rule 623. (1) An individual must have an occupational license if his or her duties directly impact the integrity of internet gaming as determined by the board in its sole discretion, subject to the following: (a) The board shall exercise its discretion with respect to any internet gaming operator applicant or licensee that is an Indian tribe consistent with limitations prescribed in the act. (b) An internet gaming operator or internet gaming supplier may provide an explanation, such as a job description, to support an allegation that a position should not require an occupational license. (c) Elected or appointed officials of a federally recognized Indian tribe located within this state are exempt from any occupational licensing requirement unless they are employees of the tribe’s internet gaming operation. (2) The following individuals when employed by an internet gaming operator or internet gaming supplier are considered by the board to directly impact the integrity of internet gaming: (a) An individual who has the capability to directly affect the outcome of an internet wager or game. (b) An individual who has the capability of affecting a payout to an authorized participant. (3) An individual applying for an occupational license must complete an application in the manner and form prescribed by the board and submit it together with the required application fee and a written statement from an internet gaming operator or internet gaming supplier indicating that it has employed or will employ the individual if the individual is licensed. (4) If a preliminary review of the application and criminal history check does not uncover or indicate any circumstance that may require denial of the application under the licensing standards established in this rule, a temporary occupational license may be issued. The temporary occupational license authorizes the individual to perform the employment duties for which the license is sought, pending action on the license application. A temporary license is valid until the occupational license application is withdrawn or denied, the temporary license is suspended or revoked, or the license is issued by the board. (5) An individual has the burden to establish by clear and convincing evidence his or her suitability as to character, reputation, integrity, and responsibility. (6) The board may, in its discretion, deny an occupational license to an individual who is or does any of the following: (a) Fails to disclose or states falsely any information requested in the application. (b) Has been convicted of a criminal offense involving gambling, dishonesty, theft, or fraud in any jurisdiction. However, the board may waive this requirement if the conviction occurred more than 5 years before the applicant applies for a license and the board is convinced that the applicant does not pose a threat to the integrity of internet gaming and the applicant otherwise meets the requirements of this rule. (c) Has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction. (d) Lacks the requisite suitability as to integrity and character as determined by the board. (e) Has had a prior gambling related license or license application suspended, restricted, revoked, or denied for just cause in any other jurisdiction. (7) The board shall decide whether to grant or deny the application for an occupational license. The decision must not be arbitrary or capricious. (8) Upon granting the application for an occupational license and payment of the licensing fee, the executive director shall issue the occupational license. (9) The occupational license is not transferable to another individual. (10) An occupational licensee must have on his or her person the license while working for the applicable internet gaming operator or internet gaming supplier in this state during work hours. (11) The board may exempt an individual from any or all of the occupational licensing requirements if any of the following apply: (a) The individual is licensed under the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.201 to MCL 432.226. (b) The individual is licensed under the lawful sports betting act, 2019 PA 149, MCL 432.401 to MCL 432.419. (c) The individual is licensed by another governmental agency. (d) The board determines, in its sole discretion, that licensing is not considered necessary to protect the public interest or accomplish the policies of the act. (12) An individual exempted from occupational licensing may be required to register with the board using a form prescribed by the board. (13) The board may suspend, revoke, summarily suspend, or refuse to renew a license for just cause. (14) An occupational license is valid for 2 years and must be renewed as prescribed by the board. If the occupational licensee files a renewal request and pays the licensing fee in a timely manner and in the manner and form prescribed by the board, the licensee’s existing occupational license does not expire until a decision on the application for renewal is made.