Arkansas Administrative Code
Agency 216 - Arkansas Lottery Commission
Rule 216.00.09-003 - Rules of Practice and Procedure

1.1 Creation. The Arkansas Lottery Commission is an agency of state government created by Act 606 of 2009, Ark. Code Ann. § 23-115-201 et seq. The legislature has delegated to the Commission regulatory authority over the establishment and operation of one or more lotteries for the benefit of funding and providing for scholarships and grants to citizens of the State of Arkansas enrolled in public and private nonprofit two-year and four-year colleges and universities located within the State.

1.2 Name. The lotteries operated by the Arkansas Lottery Commission shall be referred to as the Arkansas Scholarship Lottery ("ASL") and the staff may use the latter name in communications and advertising as appropriate.

1.3 Location. The Commission's principal office is situated at 124 West Capitol Avenue, Little Rock, Arkansas 72201, and may be moved as necessary by a majority vote of the Commission. Its mailing address is Post Office Box 3238, Little Rock, Arkansas 72203.

1.4 Seal. The Commission may maintain a corporate seal, which shall be in a form adopted by the Commission.

1.5 Operations. The Commission staff, which may consist of a director, Internal auditor, chief operating officer, information technology director, administrative and operations director, chief legal counsel, chief fiscal officer, marketing and product development director, sales/retail relations director, procurement director and others, acts as administrator and operating entity of the Commission. This staff, or members thereof, may make office administrative procedure, act as spokesperson for the Commission, receive correspondence and correspond on behalf of the Commission, provide legal and other research to the Commission, investigate allegations of violations of laws under the Commission's jurisdiction, and perform such other functions as the Commission deems appropriate.

1.6 Commission Organization.

1.7 Staff Organization.

1.8 Conflicts of Interest. Members of the Commission and the Commission's staff shall maintain constant vigilance against conflicts of interest and against the appearance of conflicts of interest. Applicable provisions of the Arkansas Scholarship Lottery Act and the Disclosure Act for Lobbyists and State and Local Officials, Ark. Code Ann. § 21-8-401 through -407, -601 through -607, and -801 though -804 shall be in full force.

A. The Commission shall make available a list of persons holding certain responsibilities for handling Freedom of Information Act requests, responding to licensing questions, and addressing complaints against licensees so that the public may obtain information about the Commission or make submissions or requests. The names, mailing addresses, telephone numbers, and electronic addresses can be obtained from the Commission's office or Web site.

B. The Commission shall maintain a list of official forms used by the Commission and a list of all formal, written statements of policy and written interpretative memoranda, and orders, decisions and opinions resulting from adjudications may be obtained from the Commission's office or Web site.

C. Copies of all forms used by the Commission, written statements of policy and written interpretive memoranda, and all orders issued by the Commission may be obtained from the Commission's office or Web site.

3.1 Officers.

3.2 Meetings.

3.3 Committees. The Commission may create standing and ad hoc committees. The Chair will select members of committees. Standing Committees may address any item referred to it by the Commission or address any matter upon its own initiative that may reasonably related to its title and Its subject matter that is generally reviewed by that committee in custom and practice. A quorum for the transaction of committee business is a majority of the number of voting members of the committee.

4.1 Authority. Pursuant to Ark. Code Ann. § 23-115-207, the Commission has been authorized by the Legislature to promulgate rules. The Commission follows the procedural requirements of the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq. except that the Commission shall not be required to file rules under Ark. Code Ann. § 10-3-309 but the Commission shall file its rules with the Arkansas Lottery Commission Legislative Oversight Committee at least thirty (30) days prior to the expiration of the public comment period.

4.2 Initiation of Rule-Making. The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to "rule-making") may be initiated by request of the Commission that the staff submit proposed drafts. Additionally, staff of the Commission may request permission of the Commission to Initiate rule-making. Third persons outside the Commission may petition for the issuance, amendment, or repeal of any rule.

4.3 Petition to Initiate Rule-Making.

4.4 Public Input.

4.5 Notice of Rule-Making. The Commission shall give notice of proposed rule-making pursuant to Ark. Code Ann. § 25-15-204. The notice will set any written comment period and will specify the time, date, and place of any public hearing.

4.6 The Decision to Adopt a Rule.

4.7 Variance Between Adopted Rule and Published Notice of a Proposed Rule.

4.8 Concise Statement of Reasons.

4.9 Contents. The Commission shall cause its rules to be published and made available to interested persons. The publication must include:

4.10 Incorporation by Reference. By reference in a rule, the Commission may incorporate all or any part of a code, standard, rule, or other matter if the Commission finds that copying the matter in the Commission's rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the Commission rule shall fully and precisely identify the incorporated matter by title, citation, date, and edition, if any; briefly indicate the precise subject and general contents of the incorporated matter; and state that the rule does not include any later amendments or editions of the incorporated matter. The Commission may incorporate such a matter by reference in a proposed or adopted rule only If the incorporated matter is readily available to the public. The Commission must retain permanently a copy of any materials incorporated by reference in a rule of the Commission.

4.11 Filing.

5.1 Request for Emergency Rule-Making. The proponent of a rule may request the Commission to adopt an emergency rule. In addition to the text of the proposed rule or amendment to an existing rule and any other information required by Section 4.3, the proponent will provide a written statement setting out the facts or circumstances that would support a finding of imminent peril to the public health, safety, or welfare.

5.2 Finding of an Emergency. Upon receipt of the written statement requesting an emergency rule-making and documents or other evidence submitted in support of the assertion that an emergency exists, the Commission shall make an independent judgment as to whether the circumstances and facts constitute an imminent peril to the public health, safety, or welfare requiring adoption of the rule upon fewer than 30 days notice. I f the Commission determines that the circumstances warrant emergency rule-making, it will make a written determination that sets out the reasons for the Commission's finding that an emergency exists. Upon making this finding, the Commission may proceed to adopt the rule without any prior notice or hearing, or it may determine to provide an abbreviated notice and hearing.

5.3 Effective Date of Emergency Rule. The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The Commission will file with the rule Its written findings justifying the determination that emergency rule-making is appropriate and, if applicable, the basis for the effective date of the emergency rule being less than ten days after the filing of the rule pursuant to Ark. Code Ann. § 25-15-204(e). The Commission shall take appropriate measures to make emergency rules known to persons who may be affected by them.

6.1 Purpose and Use of Declaratory Orders. A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Commission has authority. A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner's particular circumstances. A declaratory order is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from the Commission. A petition or declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner's interests.

6.2 The Petition. The process to obtain a declaratory order is begun by filing with the Director a petition that provides the following information:

6.3 Commission Disposition.