Current through all regulations passed and filed through September 16, 2024
(A) Administrative Procedure Act. The
commission will adopt, amend, rescind and promulgate its rules in
accordance with the Administrative Procedure Act, except that rules pertaining
to instant lottery games will be promulgated pursuant to section
111.15 of the Revised Code, but
are not subject to division (D) of that section.
(B) Filing of proposed administrative and
on-line game rules:
(1) The full text of each
proposed administrative or on-line game rule, amendment, or rescission
will be
filed with the secretary of state, the director of the legislative service
commission and the joint committee on agency rule review at least sixty days
prior to the date on which the commission, in accordance with paragraph (E) of
this rule, issues an order adopting the proposed administrative or on-line game
rule, amendment, or rescission. The proposed administrative or on-line game
rule, amendment, or rescission will be available for at least thirty days prior to
the date of the public hearing to be held in accordance with paragraphs (C) and
(D) of this rule at the headquarter and regional offices of the state lottery
in printed or other legible form without charge to any person affected by such
proposal.
(2) If the commission
makes a substantive revision in the text of the proposed administrative or
on-line game rule, amendment or rescission after it is filed, the state lottery
will
promptly file the full text of the proposed administrative or on-line game
rule, amendment, or rescission in its revised form with the secretary of state,
the director of the legislative service commission and the joint committee on
agency rule review. The latest version of the text of the proposed
administrative or on-line game rule, amendment, or rescission
will
supersede each earlier version of the text of the same proposed administrative
or on-line game rule, amendment, or rescission.
(C) Filing of proposed instant game rules.
The commission will review the text and form of each new instant game
rule and afford an opportunity for comment on the rules by any party present at
that commission meeting. Proposed instant game rules will then be
filed pursuant to section
111.15 of the Revised Code,
except that division (D) of that section will not apply.
The full text of each proposed instant rule, amendment, or rescission
will be
filed with the secretary of state, the director of the legislative service
commission and the joint committee on agency rule review.
(D) Public hearing.
(1) The state lottery
will
conduct a public hearing in accordance with section
119.03 of the Revised Code and
other applicable provisions of the Administrative Procedure Act on all proposed
adoptions, amendments, or rescissions of any administrative or on-line game
rules.
(2) The hearing
will be
held at a place in the state of Ohio designated by the commission. The hearing
will be conducted by a representative of the state lottery. At such hearings,
any person affected by the commission's proposed action may appear and be heard
to present evidence and argue that the proposed action will be unreasonable or
unlawful.
(E) Notice of
public hearing. The state lottery will give reasonable public notice of the commission's
proposed action in the register of Ohio pursuant to section
119.03 of the Revised Code at
least thirty days prior to the date set for the hearing on the adoption,
amendment or rescission of any administrative or on-line game rule. Such notice
will
include, but not be limited to, the following:
(1) The state lottery may give whatever other
notice it reasonably considers necessary to ensure notice constructively is
given to all persons who are subject to or affected by the proposed rule,
amendment or rescission;
(2) The
state lottery will provide a copy of the notice of the public
hearing to any person who requests it and pays a reasonable fee to be
determined by the director but not to exceed the costs of copying and mailing.
The state lottery will mail a copy of the notice to any person who
requests to be placed on a mailing list for the purpose of receiving such
notices, and will also mail a copy of such notice in any addressed,
stamped envelope provided by a person requesting the notice; and
(3) The notice of the hearing
will
contain a statement of the commission's intention to consider adopting,
amending or rescinding an administrative or on- line game rule; a synopsis of
the proposed administrative or on-line game rule, amendment or rescission or a
general statement of the subject matter to which such proposed administrative
or on-line game rule relates; a statement of the reason or purpose for
adopting, amending or rescinding the administrative or on-line game rule; and
the date, time and place of hearing on the commission's proposed action which
will not
be earlier than thirty days after the proposed administrative or on-line game
rule, amendment, or rescission is filed as provided in paragraph (B)(1) of this
rule.
(F) Adoption,
promulgation and effectiveness.
(1) After
compliance with paragraphs (B), (D) and (E) of this rule, and when the time for
review and invalidation under sections
106.021,
106.023,
106.031,
106.04 and
106.041 of the Revised Code have
expired, the commission may issue an order adopting the proposed administrative
or on-line game rule, amendment or rescission, modified as the commission may
determine, but consistent with the synopsis or general statement included in
the original public notice of the hearing. With respect to instant game rules
adopted pursuant to paragraph (C) of this rule, the commission may issue an
order adopting the proposed instant game rule, amendment or rescission,
modified as the commission may determine. Such orders of the commission
will
designate the effective date of the rule, amendment or rescission adopted,
which date will not be earlier than the tenth day after said
rule, amendment or rescission has been filed in its final form with the
secretary of state, the director of the legislative service commission and the
joint committee on agency rule review as provided in section
119.04 or
111.15 of the Revised Code,
whichever is applicable.
(2) Prior
to the effective date of a rule, amendment or rescission, the state lottery
will
make a reasonable effort to inform those affected thereby and to have available
to those requesting it the full text of the rule as adopted or amended. In
order to carry out the intent of this paragraph, the state lottery
will
mail a first class letter to each person who appeared at the hearing and
offered evidence or arguments against the commission's proposed
action.
