Sec. 36.04.01.29. Wide Area Progressive System

A. A manufacturer may not install, and a facility operator may not make available for play, a wide area progressive system without Commission approval in writing of:

(1) A wide area progressive agreement under §C of the regulation;

(2) A progressive proposal under Regulation .30 of this chapter; and

(3) Internal controls submitted under COMAR 36.03.10.05 addressing the payment of a progressive jackpot on a video lottery terminal participating in a wide area progressive system.

B. A manufacturer may not modify the terms of a progressive jackpot offered through a wide area progressive system, and a facility operator may not make available for play, a video lottery terminal which offers a progressive jackpot that differs from its approved progressive proposal without the approval in writing of the Commission under Regulation .30(B) of this chapter.

C. A wide area progressive system shall operate under the terms and conditions of a wide area progressive agreement between:

(1) The Commission;

(2) A manufacturer; and

(3) Participating facility operators in or outside the State.

D. A wide area progressive agreement shall assign responsibility for the operation and administration of a wide area progressive system to a designated system operator who may be a:

(1) Participating facility operators in or outside the State; or

(2) Manufacturer.

E. A wide area progressive agreement shall address:

(1) The duties and responsibilities of the:

(a) Participating:

(i) Manufacturer; and

(ii) Facility operators in or outside the State; and

(b) System operator;

(2) The terms of compensation for a system operator including to what extent the system operator is to receive compensation based, directly or indirectly, on an interest, percentage or share of the proceeds of a wide area progressive system;

(3) Responsibility for progressive jackpots, proceeds, and expenses associated with the operation of a wide area progressive system;

(4) Control and operation of a system monitor room under §F of this regulation;

(5) Service and maintenance of a wide area progressive system;

(6) Responsibility for generating, filing and maintaining the records and reports required under this subtitle;

(7) If applicable, terms with regard to establishing and servicing any trust agreement associated with an annuity jackpot offered by a wide area progressive system under COMAR 36.03.10.39; and

(8) If requested by the Commission, additional documentation with regard to a wide area progressive agreement.

F. A wide area progressive system shall be controlled and operated from a system monitor room:

(1) Under the sole possession of, and maintained and operated by, the system operator designated in a wide area progressive agreement;

(2) In a location approved by the Commission;

(3) If required by the Commission, staffed by individuals licensed as gaming employees; and

(4) Subject to:

(a) Surveillance coverage satisfactory to the Commission; and

(b) Access controls satisfactory to the Commission including a monitor room access log in accordance with §G of this regulation.

G. A system operator shall maintain a monitor room access log:

(1) Signed by each individual entering the system monitor room except an employee of a system operator assigned to the system monitor room on his assigned shift;

(2) Maintained in a book with bound numbered pages that cannot be readily removed;

(3) Utilized to document the following:

(a) Date and time of entry;

(b) Entering individual's signature; and

(c) Reason for entering the system monitor room including the identification of areas inspected or repaired; and

(4) Retained by a system operator for a minimum of 3 years from the date of the last entry unless a request for destruction is submitted in writing and approved in writing by the Commission.