Procedure to Discontinue Self-Exclusion on the List of Disassociated Persons

PURPOSE: This rule establishes the procedure to discontinue self-exclusion on the commission’s List of Disassociated Persons. (1) Notwithstanding the provisions of 11 CSR 45-17.070, at any time after five (5) years from the original date of placement on the List of Disassociated Persons (List), a Disassociated Person (DAP) may petition the commission for removal from the List. In order to be eligible for removal from the List, a person shall execute and submit, in a manner acceptable to the commission, an application for removal on a form provided by the commission. Such application shall include: (A) The person’s full name and all aliases; (B) The person’s current home address, email address, and phone number(s); (C) Social Security Number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C. section 552a) or International Identification Number; (D) Date of birth and gender; (E) A statement that the DAP wishes to be removed from the List and accepts full responsibility for any adverse consequences which may result from removal; (F) A photograph suitable for the commission to use in identifying the person requesting to discontinue self-exclusion on the List; (G) A signed acknowledgement verifying s/he wishes to be removed from the List, authorizing the commission to release all contents of the person’s application for removal to all Class B licensees and their agents and employees; (H) A statement acknowledging that the individual understands each licensee may choose to continue exclusion or reinstate privileges at the licensee’s sole discretion; and (I) Other information as deemed necessary by the commission. (2) The application shall be verified and reviewed as designated by the executive director of the commission. (3) Once an application for removal from the List has been deemed complete and valid, the director shall file a Notice of Removal from the List. (4) The director shall provide a copy of the Notice of Removal from the List to the applicant via regular U.S. mail to the address contained on the application, other address provided by the applicant, or by appointment. (5) Should the director find an applicant does not qualify for removal from the List, s/he shall so notify the applicant via regular U.S. mail to the address contained on the application, other address provided by the applicant, or by appointment. (6) Each Class B licensee shall file with the commission a letter stating its policy regarding whether persons removed from the List will be allowed access to its property. (A) If a Class B licensee adopts a policy to allow prior DAPs to patronize its establishment, any prior notice of trespass is voided allowing prior DAPs to gamble at the property. If a casino has cause to exclude a prior DAP, a separate notice of trespass shall be provided to that individual to notify the individual of his/her excluded status. (B) If a Class B licensee adopts a policy to continue the exclusion of all persons removed from the List, the Class B licensee shall not cash checks, process cash advances, enroll these individuals in any tournaments or promotion, or provide marketing materials to these individuals except in mass mailings to “resident” or the like. (7) Neither the rules in 11 CSR 45-17, nor any of the rights, duties, or obligations established herein, shall create any cause of action, right of action, claim, or other right whatsoever in favor of any person other than the commission against the state of Missouri, the commission, any Class A or B licensee, or any of its agents or employees. AUTHORITY: sections 313.004, 313.813, and 313.847, RSMo 2000, and sections 313.805 and 610.021, RSMo Supp. 2011.* Original rule filed Aug. 25, 2011, effective March 30, 2012. *Original authority: 313.004, RSMo 1993, amended 1994; 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010; 313.813, RSMo 2000; 313.847, RSMo 1993, amended 1994; and 610.021, RSMo 1987, amended 1993, 1995, 1998, 2002, 2004, 2008, 2009.