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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2017

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The Delaware Division of Gaming Enforcement, pursuant to 29 Del.C. §4866, proposed to adopt the regulations governing the practice of interactive fantasy sports contests in the State of Delaware. As a newly regulated industry that first required licensure by virtue of legislation enacted July 26, 2017, these regulations are comprehensive, and all newly created.
The proposed regulations were published in the Delaware Register of Regulations on October 1, 2017 and a written comment period was held open for thirty days following this publication. No written comments were received by the Delaware Division of Gaming Enforcement during the written comment period.
As the designee of the Governor, the Division of Gaming Enforcement is charged with the responsibility of creating regulations governing the practice of interactive fantasy sports contests. 29 Del.C. §4866. Beginning in August 2017, DGE began formulating regulations governing interactive fantasy sports contests in the State of Delaware. In so doing, DGE conducted an in-depth review of its statutory mandates, sought public comment, reviewed the governance of fantasy sports in other states to determine what has and has not worked, and sought and received input from companies in the industry to create the regulations published as proposed on October 1, 2017.
IT IS SO ORDERED this 7th day of November, 2017 by the Division of Gaming Enforcement.
These regulations are authorized pursuant to 29 Del.C. §4866. Registered interactive fantasy sports contests shall be regulated to safeguard the integrity of the games and participants to ensure accountability and the public trust. The Delaware Division of Gaming Enforcement (DGE) has been designated by the Governor to regulate Interactive Fantasy Contests through the powers delegated to the Director of DGE pursuant to Title 29 Section 4866 of the Delaware Code.
"Commission" means the Delaware Division of Gaming Enforcement.
"Director" means the Director of the Delaware Division of Gaming Enforcement.
"Operating fee" means the fee established by 29 Del.C. §4868(a).
"Scripts" means commands that an interactive daily fantasy sports-related computer program can execute that are created by interactive daily fantasy sports players (or by third parties for the use of daily fantasy sports players) to automate processes on an interactive daily fantasy sports contest platform.
"Ultimate Equitable Owner" means a person who owns or controls any ownership interest of ten percent or more in a person or entity either directly or indirectly, regardless of whether the person or entity owns or controls the ownership interest through one or more other persons or proxies, powers of attorney, or other variances. That an applicant knowingly fails to comply with any requirement of 29 Del.C. Ch. 48, Subchapter III, these regulations, or any other requirements of the Director; or
6.3.1 If the Secretary of Finance determines that another state is imposing an operating fee percentage greater than that set pursuant to 29 Del.C. §4868, the Secretary of Finance shall, not later than December 1st, notify all registrants and conditional registrants, in writing, of the increased rate to be imposed on such registrant's interactive fantasy sports gross revenue generated within the State during the next succeeding calendar year.
7.1.4 Engaged in any conduct that constitutes a violation of 29 Del.C. Ch. 48, Subchapter III or these regulations; or
16.2 An authorized player may file a complaint alleging a violation of the provisions of 29 Del.C. Ch. 48, Subchapter III or these regulations with the Director.
20.1 Subject to the provisions of 12 Del.C. §1130, et seq., if the funds in an Authorized Player's Account remain unclaimed for five years after the balances are payable or deliverable to the Authorized Player, Registrant shall presume the account to be abandoned.
20.2 As required by 12 Del.C. §1142, Registrant shall report and deliver all funds then held in those Authorized Players' accounts that are presumed abandoned to the State Escheator.
20.3 Pursuant to 12 Del.C. §1148, not less than 60 days prior to filing the report contemplated in subsection b., above, Registrant shall provide notice to all Authorized Players whose accounts remain unclaimed, sent to each such Authorized Player's last known address and conduct due diligence to locate all such Authorized Players.
Last Updated: December 31 1969 19:00:00.
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