Current through Register Vol. 56, No. 18, September 16, 2024
(a) In the discretion of the Director, an
agent application or courier registration may be denied, or an agent license or
courier registration suspended, revoked, or its renewal rejected for any one or
more of the following reasons:
1. Whenever
the application for an agent license or renewal thereof, or a courier service
registration or renewal thereof, contains knowingly false or misleading
information or is incomplete or whenever an agent or courier service fails to
complete and submit the license or registration renewal application form within
the specified time requested;
2.
Whenever the agent or courier service violates or fails to perform in
accordance with any of the provisions of the Act or these rules and regulations
or the general operational procedures of the Lottery;
3. Whenever a person:
i. Has been indicted, arrested for, or
convicted of a crime, disorderly persons offense, or violation of ordinance or
administrative regulation relating adversely to the duties of a lottery agent,
courier service, or as an incident to obtaining or attempting to obtain a
Lottery license or courier service registration; or
ii. Has been the subject of a verified
complaint or accusation for such offense; or
iii. Has failed to notify the Director in
writing within five days of any of the above actions.
4. Whenever an agent or courier service
engages in conduct detrimental to a sound business relationship between the
agent and the Lottery or the courier service and the Lottery;
5. Whenever it is determined that such action
would be in the best interest of the Lottery based on actions that reflect upon
the agent's or courier service's moral character or affect the integrity of the
Lottery;
6. Whenever an agent
applicant or courier service applicant does not, or an agent or courier service
can no longer, satisfy the criteria set forth in N.J.S.A. 5:9-11 or this
chapter for the issuance of a license or registration;
7. Whenever ownership of the agent or courier
service has been changed without the Director's approval;
8. Whenever an agent or courier service fails
to report any change in status, control, address, or other data relevant to
licensure within 10 days of occurrence;
9. Whenever the agent or courier service
fails to meet minimum sales quotas set by the Director;
10. Whenever the agent or courier service
fails to make prompt and timely payment of a civil penalty imposed under
N.J.A.C. 17:20-9;
11. Whenever it
is determined that an agent or courier service has discounted a prize
associated with a winning ticket resulting in a reduced prize payment to the
holder of a winning ticket of less than the actual prize or prize share
value;
12. Whenever an agent or
courier service has violated the Federal Organized Crime Control Act of 1970,
or committed the crime of embezzlement, theft, forgery, bribery, falsification
or destruction of records, perjury, false swearing, receiving stolen property,
obstruction of justice, or any other offense indicating a lack of business
integrity or honesty or committed an act of moral turpitude;
13. Whenever an agent or courier service has
violated the Federal or State antitrust statutes or the Federal Anti-Kickback
Act (
18 U.S.C. §
874,
40
U.S.C. § 276b, c);
14.
Whenever an agent or courier service has violated any laws governing the
conduct of elections of the Federal government, State of New Jersey or of its
political subdivisions, or any other state;
15. Whenever an agent or courier service has
violated any laws governing the conduct of occupations or professions or
regulated industries;
16. Whenever
an agent or courier service has violated any laws, ordinances, regulations of
the Federal government, State of New Jersey, its political subdivisions, or any
other state that may bear upon a lack of fiscal responsibility or moral
integrity;
17. Whenever an agent or
courier service has made any offer or agreement to pay or has made payment
either directly or indirectly, any fee, commission, compensation, gift,
gratuity, or other thing of value of any kind to any State officer or employee
as defined by the New Jersey Conflicts of Interest Law (N.J.S.A. 52:13D-13b and
c) in the Department of Treasury or any other agency with which such an agent
transacts and offers or proposes to transact business, or to any member of the
immediate family as defined by the New Jersey Conflicts of Interest Law
(N.J.S.A. 52:13D-13i) of any such officer or employee, or any partnership,
firm, or corporation with which they are employed or associated, or in which
such officer or employee has an interest within the meaning of the New Jersey
Conflicts of Interest Law (N.J.S.A.
52:13D-13.g) under circumstances from which
it might reasonably be inferred that such offer, agreement, or payment was made
for the purpose of influencing the recipient as to the discharge of official
duties regarding the agent by the recipient or by any person affiliated with
the recipient within the meaning of the New Jersey Conflicts of Interest Law
(N.J.S.A. 52:13D-13b, 13c, or 13d);
18. Whenever any agent or courier service has
influenced or attempted to influence or caused to be influenced, any State
officer or employee or special State officer or employee in his or her official
capacity in any manner that might tend to impair the objectivity or
independence of judgment of said officer or employee;
19. Whenever any agent or courier service has
caused or influenced or attempted to cause or influence any State officer or
employee or special State officer or employee to use, or attempt to use, his or
her official position to secure unwarranted privileges or advantages for the
agent or any other person;
20.
Whenever it is determined that an agent has intentionally removed or defaced
any portion of an instant scratch off ticket latex overlay coating for the
purpose of compromising the outcome of the ticket;
21. Whenever a courier service alters a
courier customer's order for ticket purchases without the courier customer's
authorization; or
22. Whenever a
courier service alters a courier customer's personal information contained in
their account without the courier customer's authorization.
(b) The Director may summarily
suspend an agent license or courier service registration for up to five
consecutive days without prior notice if such suspension is deemed imminently
necessary:
1. To prevent a breach of
security;
2. In the event of the
misuse of a lottery machine or other lottery equipment;
3. To protect the Lottery from economic harm;
or
4. Whenever any activity,
policy, or conduct of an agent or courier service presents a serious or
imminent hazard to the health, safety, and well-being of the public or whenever
any activity, policy, or conduct presents a threat to the integrity or business
operations of the State Lottery.
(c) Notices of summary suspension, including
the reasons there for, shall be given to agents or courier services as promptly
as possible and by means deemed most effective by the Director.
(d) The following conditions shall apply to
any licensing or registration action including the suspension, non-renewal, or
revocation of a lottery agent license or courier service registration or the
rejection of an application there for:
1. The
existence of any of the causes set forth in (a) above shall not necessarily
require the Director to take license or registration action. In each instance,
the decision to take licensing or registration action shall be made within the
discretion of the Director in the best interest of the State;
2. All mitigating factors shall be considered
in determining the seriousness of the offense, failure, or inadequacy of
performance in deciding whether licensing or registration action is
warranted;
3. Any licensing or
registration action shall be taken in accordance with the provisions of the
Administrative Procedure Act,
N.J.S.A.
52:14B-1et seq., and the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1. Any action to summarily suspend a
license shall be given immediate effect.
(e) In addition to an action to suspend,
revoke, or not renew a license or registration or to reject an application of
an agent or courier service for violations of this section, the Director may
take any other action permitted by law, including action to impose civil
penalties pursuant to N.J.A.C. 17:20-9.