Current through all regulations passed and filed through September 16, 2024
(A) Non-compliance.
In addition to the grounds for suspension or revocation of a
license described in divisions (C)(1) to (C)(5), (D)(1) to (D)(4) and (E)(1) to
(E)(2) of section 3770.05 of the Revised Code, the
director may suspend or revoke the license of a sales agent who does not comply
with the Lottery Act,
all rules, terms
and conditions, policies, orders, and directives
adopted, promulgated or issued by the commission or director, or any state or
federal law
.
(B) Violation of prohibitions. In addition to
the prohibitions enumerated in divisions (A) to (E) of section
3770.08 of the Revised Code, the
director may suspend or revoke the license of any sales agent who violates one
of the following prohibitions:
(1) No sales
agent, or any of its principals, relatives, or
employees, shall pay, or direct another party to
pay, the holder of a winning ticket or game an amount less than the full
prize amount for which that ticket or game is redeemable.
(2)
No sales agent,
or any of its principals, relatives, or employees, shall submit, or direct
another party to submit, a prize claim that originally was presented for
payment by another holder of a winning ticket or game to whom the sales agent,
or any of its principals, relatives, or employees, paid a discounted prize
amount, or from whom the sales agent, or any of its principals, relatives, or
employees, received payment in return for making the claim.
(3)
No sales agent, or
any of its principals,
relatives, or employees, shall solicit, direct another party to solicit, or conspire with
any person for the purpose of committing an act described in paragraph (B)(1)
or (2) of this rule.
(4)
If a sales agent,
or any of its principals, relatives, or employees, has paid, directed another
to pay, solicited, or conspired with another for the purpose of paying a prize
amount, less than the full prize amount for which a winning ticket or game is
redeemable, then that winning ticket or game may be deemed void and any
associated prize award may be forfeited.
(C) Grounds relating to the honest and
efficient conduct of the state lottery. The director may suspend or revoke a
sales agent license for any of the following:
(1) The sales agent,
or any of its principals, relatives, or employees, has made a
false statement, omission, or misrepresentation
of a material fact in connection with the
application for, or renewal of, a license, in any reports, or to any person, in connection with a lottery transaction
or investigation;
(2) The sales agent has failed to maintain
the minimum sales levels for the license issued to the sales agent as
determined by the director;
(3)
The sales agent has failed to take adequate security precautions for the safe
handling of tickets or games, lottery materials or game sales
proceeds;
(4) The sales agent has
failed to promptly and accurately settle the accounts of lottery transactions
and pay to the director the amounts due from the sales agent's game sales by
not regularly depositing amounts owed to the state lottery into an electronic
funds transfer account established by the sales agent for accounting purposes,
and to abide by the policies and procedures established by the director
concerning the transfer of such funds.
(5) The sales agent
has failed to maintain a surety bond and/or fidelity bond as required by the
director, or alternatively has failed to deposit, into a dedicated account for
the benefit of the state lottery, an amount as required by the
director;
(6) The sales agent has failed to comply with the
terms and conditions of The Americans with Disabilities Act of 1990 (ADA),
Section 12101-12213 of 42 U.S.C. (as amended in 2008); or
(7)
Notwithstanding the exceptions enumerated in paragraph (B) of rule
3770-2-02
of the Administrative Code, the sales agent, or any
principal affiliated with the sales agent, has been found
to have committed
any of the acts
enumerated in divisions (C)(1) to (C)(5), (D)(1) to (D)(4), or
(E)(1) to
(E)(2) of section 3770.05 of the Revised
Code
(D) If at any time
after a license has been issued, the director determines that a sales agent no
longer meets the standards for the issuance of a license provided in Chapter
3770-2 of the Administrative Code, the director may:
(1) Suspend the sales agent's license until
it is shown that the reason for the suspension has abated;
(2) Modify the sales agent's license status;
or
(3) Revoke the sales agent's
license.
(E) The
director may suspend or revoke the license of any sales agent who fails to
observe and comply with the procedures provided in Chapter 3770-4 of the
Administrative Code or established by the director pursuant to said
chapter.
Effective:
7/20/2019
Five Year Review (FYR) Dates:
4/10/2019 and
06/20/2023
Promulgated
Under: 119.03
Statutory
Authority: 3770.03
Rule
Amplifies: 3770.01,
3770.02,
3770.03,
3770.04,
3770.05,
3770.06,
3770.07,
3770.08
Prior
Effective Dates: 07/15/1974, 07/24/1992, 05/27/1993, 08/22/1993, 12/27/1996,
07/03/1999, 02/13/2004, 06/20/2009,
02/19/2015
