205 CMR 238.09 - Retention, Storage and Destruction Records
(1) A
system of Internal Controls submitted by a Sports Wagering Operator in
accordance with
205
CMR 238.02 shall include a records retention
schedule, and provisions related to the storage and destruction of records
that, at a minimum, incorporates the provisions specified in
205
CMR 138.09(1). In addition,
the Operator's records retention schedule shall include provisions by category
relative to all Sports Wagering related records and records relative to Sports
Wagering Vendors.
(2)
(a) A Sports Wagering Operator may petition
the Commission at any time for approval of a facility to be used to generate or
store records required to be retained in accordance with
205
CMR 138.09(1). Such petition
shall include:
1. A detailed description of
the proposed facility, including location, security and fire safety systems;
and
2. The procedures pursuant to
which Commission agents will be able to gain access to the records retained at
the proposed facility.
(b) A Sports Wagering Operator may store any
records electronically or via other suitable medium approved by the
Commission.
(3) A Sports
Wagering Operator shall, except as otherwise provided, notify the Commission
and the Gaming Enforcement Division of the Massachusetts Attorney General's
Office in writing at least 60 days prior to the scheduled destruction of any
record required to be retained in accordance with
205
CMR 238.09(1). Such notice
shall list each type of record scheduled for destruction, including a
description sufficient to identify the records included, the retention period
and the date of destruction.
(4)
The Commission or the Gaming Enforcement Division of the Massachusetts Attorney
General's Office may prohibit the destruction of any record required to be
retained in accordance with
205
CMR 238.09(1) by notifying
the Sports Wagering Operator in writing within 45 days of receipt of the notice
of destruction pursuant to
205
CMR 238.09(3) or within the
specified retention period. Such original record may thereafter be destroyed
only with the consent of the Commission, the Bureau, and the Massachusetts
Attorney General's Office.
(5) The
Sports Wagering Operator may utilize the services of a disposal company for the
destruction of any records required to be retained in accordance with
205
CMR 238.09(1). Any cash
complimentary coupons to be destroyed by a disposal company shall be cancelled
with a void stamp, hole punch or similar device, or must contain a clearly
marked expiration date which has expired.
(6) Nothing in
205 CMR
238.00 shall be construed as relieving a Sports
Wagering Operator from meeting any obligation to prepare or maintain any book,
record or document required by any other federal, state or local governmental
body, authority or agency or as otherwise required in its capacity as a Gaming
Licensee pursuant to M.G.L. c. 23K and 205 CMR.
Notes
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