Waivers and Variances

PURPOSE: This rule permits licensees to apply for and receive waivers or variances to regulatory requirements. (1) The commission may waive or grant a variance from the provisions of Title 11, Division 45, Chapters 1–40 of the Code of State Regulations upon a licensee’s or a Fantasy Sports Contest Operator applicant’s written request, if the commission determines that the waiver or variance is in the best interests of the public. Any waiver or variance granted pursuant to this section constitutes an order of the commission pertaining to gaming, violation of which subjects a licensee to discipline under sections 313.812.14(2) and 313.950, RSMo. (2) In granting any variance authorized by this section, the commission may impose certain conditions and restrictions with which the licensee must comply to accept and use the variance. Failure to meet the conditions or restrictions contained in the variance will immediately render the variance void, and the licensee may be subject to discipline in the same manner as if the variance had never been issued. AUTHORITY: section 39(g) of Article III, Mo. Const., section 313.004, RSMo 2016, and sections 313.805, 313.950, and 313.955, RSMo Supp. 2025.* Original rule filed Aug. 27, 2004, effective March 30, 2005. Emergency amendment filed Aug. 29, 2016, effective Sept. 8, 2016, expired March 6, 2017. Amended: Filed Aug. 29, 2016, effective March 30, 2017. Amended: Filed May 14, 2025, effective Nov. 30, 2025. *Original authority: 313.004, RSMo 1993, amended 1994, 2014; 313.805, RSMo 1991, amended 1993, 1994, 2000, 2008, 2010, 2021, 2022; 313.950, RSMo 2016, amended 2019; and 313.955, RSMo 2016, amended 2019.