11 CSR 45-40.040
Fantasy Sports Contest Operator Responsibilities
PURPOSE: This rule establishes the commission’s access to information, the applicant’s
duty to disclose changes in information, and
the licensed operator’s duty to report and
prevent misconduct. This rule is designed to
assure that the commission receives timely
information that may impact on an applicant’s or licensee’s suitability.
(1) All licensed operators shall provide all
information requested by the commission.
Access to this information shall be immediate
and copies of the information shall be delivered within seven (7) days, or less if the commission so orders.
(2) All licensed operators of and applicants
for fantasy sports contest operator (FSCO)
licenses issued by the commission shall have
a continuing duty to disclose in writing, within ten (10) calendar days for an applicant and
thirty (30) calendar days for a licensee, any
material change in the information provided
in the application forms and requested materials submitted to the commission. Any
change in information that is not material
must be disclosed to the commission during
the licensee’s next subsequent application for
license renewal.
(3) The duty to disclose changes in information shall continue throughout any application
period or period of licensure granted by the
commission. This duty shall be in addition to
any other reporting requirements.
(4) For the purposes of this rule, “material
change” shall mean any change in personal
identification or residence information, such
as name, address, and phone number; information required in section 313.945, RSMo;
or other information that might affect an
applicant or licensed operator’s suitability to
hold an FSCO license, including, but not limited to, significant changes in financial condition, legally defaulting on a debt owed to
the state of Missouri, arrests, convictions,
guilty pleas, disciplinary actions, or license
denial, suspension, or revocation in other
jurisdiction(s).
(5) Licensed operators shall promptly report
to the commission any facts which the
licensed operator has reasonable grounds to
believe indicate a violation of law or commission rule committed by licensed operators, their key persons, or their employees,
including, without limitation, the performance of licensed activities different from
those permitted under their license.
(6) In addition to all other reporting requirements, FSCO license applicants and licensed
operators shall notify the commission within
fifteen (15) days after receiving notification
that any of the following persons has received
a subpoena or is the target of, has been disciplined by, or has been charged in connection
with an investigation by a regulatory, administrative, or prosecutorial agency of a violation of a rule, regulation, or statute relating to
licensed gambling, fantasy sports contests,
Securities and Exchange Commission (SEC)
regulations, or criminal offenses, to include
any illegal, corrupt, or fraudulent act, practice, or conduct in connection with any fantasy sports contest in Missouri or any other
state, a felony, a crime of moral turpitude, or
any criminal offense involving dishonesty or
breach of trust (an “offense” does not include
infractions, traffic violations, or parking violations, except for driving while revoked/suspended, alcohol/drug-related traffic violations, and leaving the scene of an accident):
(A) The applicant or licensed operator;
(B) The applicant’s or licensed operator’s
parent corporation;
(C) Any subsidiary of the applicant’s or
licensed operator’s parent corporation;
(D) The applicant’s or licensed operator’s
key persons or employees;
(E) Any key person of the applicant’s or
licensed operator’s parent corporation; or
(F) Any key person of any subsidiary of the
applicant’s or licensed operator’s parent corporation.
AUTHORITY: sections 313.910, 313.915,
313.925, 313.930, 313.935, 313.950, and
313.955, RSMo 2016.* Emergency rule filed
Aug. 29, 2016, effective Sept. 8, 2016,
expired March 6, 2017. Original rule filed
Aug. 29, 2016, effective March 30, 2017.
*Original authority: 313.910, RSMo 2016; 313.915, RSMo
2016; 313.925, RSMo 2016; 313.930, RSMo 2016;
313.935, RSMo 2016; 313.950, RSMo 2016; and 313.955,
RSMo 2016.