TITLE 28

Sports and Amusements

CHAPTER 15. DELAWARE BOARD OF CHARITABLE GAMING

Subchapter II. Delaware Board of Charitable Gaming


(a) The primary objective of the Delaware Board of Charitable Gaming, to which all other objectives and purposes are secondary, is to protect the public through the regulation of activities which involve charitable gaming.

(b) In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints from the general public relating to practices of persons engaged in an activity regulated by this chapter; shall adjudicate at formal complaint hearings; shall develop rules and regulations; and shall impose sanctions where necessary against persons or occupational groups regulated by the Board.

(c) The State Lottery Office shall transfer appropriate funds to cover the cost to allow the Division of Professional Regulation to hire contractual investigators to conduct inspections and investigations. The State Lottery Office and the Division of Professional Regulation shall mutually agree upon the use of these funds for the hiring of contractual investigators.

(d) The Division of Professional Regulation shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including but not limited to the appointment, removal, compensation and duties of employees) as provided by law for the Board of Charitable Gaming.

(e) Notwithstanding any provision to the contrary, this chapter is not intended to apply and does not apply to the use of charitable video lottery machines pursuant to Chapter 48 of Title 29.

63 Del. Laws, c. 144, § 2; 77 Del. Laws, c. 22, § 56; 78 Del. Laws, c. 102, §§ 1, 2, 6; 79 Del. Laws, c. 199, § 4.;

(a) Composition; Chair. — The Delaware Board of Charitable Gaming shall be composed of 5 members. Membership of the Board shall include:

(1) The Director of the State Lottery Office or an employee of the State Lottery Office, who shall have work-related knowledge and experience in matters of gambling, and shall be appointed by and serve at the pleasure of the Governor;

(2) One member of a nonprofit/charitable organization;

(3) One member active and in good standing from the Delaware Volunteer Firefighter's Association; and

(4) Two members of the public.

The Board shall annually elect a Chair from among its membership.

(b) Qualifications. — No member of the Board of Charitable Gaming, while serving on the Board of Charitable Gaming, shall be an elected officer of any national, state or local professional or nonprofit organization that qualifies them for appointment to the Board of Charitable Gaming.

(c) Appointment; term of office.

(1) Members listed in paragraphs (a)(2) through (a)(4) of this section shall be appointed by the Governor with the consent of a majority of all members elected to the Senate.

(2) All board vacancies shall be filled with members of the same qualification required for the original appointment.

(3) Members listed in paragraphs (a)(2) through (a)(4) of this section may serve 2 consecutive terms.

(4) Members listed in paragraphs (a)(2) though (a)(4) of this section shall serve a term of 5 years and may be reappointed for 1 additional term.

(5) The term of an appointed member shall expire on the date specified in the appointment; however, the board member shall remain eligible to participate in board proceedings unless and until replaced by the Governor.

(6) The Chair shall serve in that office for 1 year, and is eligible to succeed himself or herself for an additional year.

(d) Suspension or removal. — A member of the Board may be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from board business until the charge is adjudicated or otherwise concluded. A board member may appeal any suspension or removal to the Superior Court.

(e) Compensation. — Each member of the Board shall be reimbursed for all expenses involved in each meeting including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

(f) Meetings; quorum.

(1) The Board shall hold a regularly scheduled business meeting monthly and at such other times as the Chair deems necessary, or at the request of a majority of board members.

(2) Advance notice of any special meeting shall be given to all members.

(3) A majority of members shall constitute a quorum.

(4) Any member who fails to attend 3 consecutive meetings, or who fails to attend at least half of all regular meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office.

(g) Records. — Minutes of all meetings shall be recorded and copies of the record shall be maintained by the Division of Professional Regulation. All matters relating to a hearing held pursuant to statute shall be recorded and transcribed by the Division.

(h) Conflict of interest. — The provisions set forth for "employees" in § 5801 et seq. of Title 29 shall apply to all members of the Board, and to all agents and other persons appointed by or otherwise employed by the Board.

63 Del. Laws, c. 144, § 2; 65 Del. Laws, c. 226, §§ 1, 2; 65 Del. Laws, c. 325, §§ 1, 2; 65 Del. Laws, c. 355, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 350, § 151; 77 Del. Laws, c. 22, §§ 57-59; 77 Del. Laws, c. 378, § 1; 78 Del. Laws, c. 102, §§ 1, 7, 8; 79 Del. Laws, c. 199, § 4; 81 Del. Laws, c. 85, § 29.;

The Board of Charitable Gaming shall have the power to consider and grant or deny applications, conduct investigations through the Division of Professional Regulation, impose penalties upon those not in compliance with the law or regulations, develop rules and regulations and enforce the provisions of this chapter.

63 Del. Laws, c. 144, § 2; 77 Del. Laws, c. 22, § 60; 78 Del. Laws, c. 102, §§ 1, 2; 79 Del. Laws, c. 199, § 4.;

(a) The Board shall:

(1) Supervise the administration of this chapter; and

(2) Adopt, amend and repeal rules and regulations governing the issuance and amendment of permits and licenses to conduct the games under such permits and licenses and schedules of rentals which may be paid for the leasing of equipment for use in connection with the games. The rules and regulations shall have the force of law and shall be adopted only after public hearings in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. Such permits and licenses shall be issued to qualified volunteer fire companies, veterans' organizations, religious or charitable organizations, or fraternal societies. The Board shall also take measures to assure that games shall be fairly and properly conducted for the purposes and in the manner prescribed in the state Constitution and in this chapter. The Board shall prevent the game from being conducted for commercial purposes or private profit other than as authorized in the state Constitution and in this chapter. In order to provide uniformity in the administration of this chapter the Board shall prescribe forms of application for permits and licenses, amendment of permits and licenses, reports of the conduct of games and other matters incident to the administration of this chapter.

(b) A copy of the rules and regulations adopted by the Board shall be available at a reasonable cost.

28 Del. C. 1953, § 1122; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, §§ 4, 5; 77 Del. Laws, c. 22, §§ 1, 2; 78 Del. Laws, c. 102, § 4; 79 Del. Laws, c. 199, § 4.;

(a) The Board shall conduct a continuous study and investigation of the operation of this chapter for the purpose of making recommendations to the General Assembly for amendments.

(b) The Board shall make a continuous study and investigation also of the operation and administration of similar laws which may be in effect in other states of the United States and of any literature on the subject which from time to time may be published or be available.

28 Del. C. 1953, § 1123; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 5; 79 Del. Laws, c. 199, § 4.;

The Board shall report to the Governor and the General Assembly biennially with its recommendations, if any, and at such other times as it may deem advisable.

28 Del. C. 1953, § 1124; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 5; 79 Del. Laws, c. 199, § 4.;