Section 68IAC6-3-2. Request for voluntary exclusion

   (a) Except as provided in section 1(c) of this rule, a voluntarily excluded person agrees to refrain from entering the gaming area of all casinos.

  (b) Any person requesting voluntary exclusion may make a request for voluntary exclusion by following the procedures set forth in this section. The request for voluntary exclusion may be made only by the person requesting voluntary exclusion and not by any other person. A person requesting voluntary exclusion must not be under the influence of alcoholic beverages, controlled substances, or prescription drugs at the time he or she makes a request for voluntary exclusion.

  (c) Any person requesting voluntary exclusion must submit a completed request for voluntary exclusion as outlined in subsection (d). The person requesting voluntary exclusion must appear in person at a commission office or another location designated by the executive director to complete the request for voluntary exclusion. Commission offices are located on the property of each casino in addition to an office located in Indianapolis.

  (d) A request for voluntary exclusion must be on a form prescribed by the commission.

  (e) The personal information of a voluntarily excluded person is confidential. A voluntarily excluded person must agree that in order to enforce the VEP, casinos must have access to the individual's personal information. A voluntarily excluded person shall authorize the commission staff to provide any identifying information contained in the person's request for exclusion to the casinos to be able to enforce the exclusion.

  (f) A voluntarily excluded person shall have the following ongoing obligations:

(1) Refrain from entering the gaming area of casinos until the commission has approved a request for removal.

(2) Each time the personal information of a voluntarily excluded person changes, he or she must provide the commission with the updated information.

(3) Notify the commission if direct mailing items from a casino are received addressed to a voluntarily excluded person at his or her residence.

  (g) A voluntarily excluded person who enters the gaming area of a casino agrees to forfeit any jackpot or thing of value won as a result of a wager made at a casino. The forfeited jackpots or items will be withheld by the casino licensee and remitted to the commission. The commission shall collect the items and funds. Voluntarily excluded persons may appeal a forfeiture under this rule by following the procedures outlined in 68 IAC 7.

  (h) Voluntarily excluded persons agree to forfeit all points or complimentaries earned on or before the request for voluntary exclusion. Points or complimentaries refer to credits earned by a person under the terms of a casino licensee's marketing program as approved by the commission and shall include, but not be limited to:

(1) food coupons;

(2) coupons or vouchers for chips;

(3) hotel complimentaries; or

(4) other similar noncash benefit owing to the individual.

However, if at the time an individual makes a request for voluntary exclusion he or she is owed a cash amount from a casino licensee, the individual shall have the right to receive that amount from the casino licensee after enrollment in the VEP. To the extent that complimentaries or points described above may be redeemed for cash under the casino licensee's marketing program, the individual shall be entitled to receive that amount.

  (i) Nothing in this rule shall prohibit a casino licensee from alerting local law enforcement authorities of a voluntarily excluded person's presence in a casino to effect an arrest for trespassing. (Indiana Gaming Commission; 68 IAC 6-3-2; filed Mar 22, 2004, 3:30 p.m.: 27 IR 2440; errata filed Jul 9, 2004, 2:21 p.m.: 27 IR 3580; filed Dec 6, 2006, 2:52 p.m.: 20070103-IR-068060191FRA; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; filed Apr 3, 2012, 4:10 p.m.: 20120502-IR-068110780FRA; filed Nov 13, 2015, 2:37 p.m.: 20151209-IR-068150113FRA)