Current through Register Vol. 63, No. 9, September 1, 2024
(1) Purpose: The purpose of this rule is to
require that all new and existing Lottery retailers provide and maintain access
to Oregon Lottery® games and related services to persons who use
wheelchairs. Access to Video LotterySM games may be achieved by providing
access to at least one Video LotterySM game terminal, regardless of slight
variations in game theme or play between the different types of Video LotterySM
game terminals.
(2) General
Requirements: All Lottery retailers shall provide and maintain access to all
persons who use wheelchairs to enable their full and equal enjoyment of Lottery
games and related services. Retailers shall comply with the Retailer Wheelchair
Accessibility Program by installing required accessibility features, by
removing identified barriers through structural modifications, or by creating
alternative methods of providing access to Lottery games and related services.
(a) Barrier Removal and Accessibility
Features: All barriers must be removed that impede wheelchair access to Lottery
games and related services. Examples of barrier removal or accessibility
features include, but are not limited to:
(A)
Installing ramps;
(B) Making curb
cuts in sidewalks and entrances;
(C) Creating designated accessible parking
spaces;
(D) Widening
doors;
(E) Rearranging tables,
chairs, vending machines, display racks, and other furniture;
(F) Installing offset hinges to widen
doorways;
(G) Installing accessible
door hardware;
(H) Installing
elevators; and
(I) Relocating
Lottery games and related services within the retailer's premises to
accommodate persons who use wheelchairs.
(b) Alternative Methods: Alternative methods
of providing access to Lottery games and related services must be appropriate
or reasonable for the person using a wheelchair, and will apply only when
accessibility to the Lottery game or related service does not require physical
access by the person using a wheelchair to a specific area of the premises.
(For example, playing Keno does not require physical access to a Lottery
terminal if the retailer provides table service to persons who use wheelchairs.
Conversely, playing Video LotterySM games does require physical access to the
Video LotterySM game terminal.) All alternative methods of providing access
must be approved by the Director and will only be permitted when the retailer
demonstrates to the satisfaction of the Director the necessity of offering
alternative methods of access instead of removing barriers or installing
accessibility features. The Director's decision is final.
(c) Costs of Modifications: The retailer is
responsible for all costs related to removing barriers, installing
accessibility features, or offering alternative methods of access for the
purpose of making a retailer's premises wheelchair accessible.
(3) Retailer Wheelchair
Accessibility Certification: All applicants for a Lottery retailer contract
shall submit with the application, a signed Wheelchair Accessibility
Certification form certifying that the retail location is wheelchair
accessible. The Certification form shall be provided by the Lottery and shall
contain the Lottery's wheelchair accessibility standards. The Wheelchair
Accessibility Certification form must be completed and signed by the applicant
for the retailer contract.
(4)
Permitted Exemptions:
(a) The Director may
grant the following exemptions to the requirements of this rule. The Director
shall review the circumstances and supporting documentation provided by a
retailer to determine if a retailer's request for an exemption should be
granted. The Director shall determine the type and scope of documentation to be
required for each exemption classification. All decisions made by the Director
are final. A retailer or applicant whose request for an exemption is denied by
the Director is required to satisfy the requirements of this rule as a
condition for maintaining its eligibility for a Lottery retailer contract.
(A) Historic Properties: To the extent a
historic building or facility is exempt under federal law, this rule does not
apply to a qualified historic building or facility that is listed in or
eligible for listing in the National Register of Historic Places under the
National Historic Preservation Act or is designated as historic under state or
local law. Qualified means exempt from accessibility requirements under the
federal historic preservation laws.
(B) Legal Impediment to Barrier Removal: Any
law, act, ordinance, state regulation, ruling or decision which prohibits a
Lottery retailer from removing a structural impediment or for making a required
improvement may be the basis for an exemption to this rule. A Lottery retailer
requesting an exemption under this subsection will not be required to seek a
zoning variance to establish the legal basis for the impediment, but is
required to document and attest to the legal impediment.
(C) Landlord Refusal: An exemption granted to
an existing Lottery retailer based on the refusal of a landlord to grant
permission to a Lottery retailer to make the structural improvements required
by the Lottery under this rule shall only apply to the retailer's current lease
term. No new landlord refusal exemptions are authorized after August 1, 2000.
All existing exemptions granted before August 1, 2000 may be continued until
the retailer's contract expires.
(D) Undue Financial Hardship: Undue financial
hardship exemptions are not authorized. Any existing exemptions granted before
August 1, 2000 may be continued until the retailer's contract
expires.
(5)
Complaints Relating to Non-Accessibility: The Director will receive and process
all accessibility complaints concerning a Lottery retailer as follows:
(a) Initial Complaint and Investigation: When
possible, complaints must be in writing and submitted to the Lottery on a
Lottery retailer wheelchair accessibility complaint form. The Lottery will
investigate the complaint. If the retailer is found to be in compliance with
this rule, a letter will be mailed to the retailer and complainant.
(b) Letter of Impending Rule Violation: If
the Lottery determines that there are any violations of this rule, the Lottery
shall issue a letter of impending rule violation to the retailer. The retailer
shall submit a response no later than 30 days after mailing of the letter of
impending rule violation. The Director shall determine if the retailer's
response is acceptable under this rule. If the retailer is found to be in
compliance with this rule, a letter will be mailed to the retailer and the
complainant.
(c) Letter of Rule
Violation: If the retailer's response to the Lottery's letter of impending rule
violation is unacceptable under this rule, or if the retailer does not provide
an explanation in the 30 day response period, the Lottery shall issue a letter
of rule violation. The letter of rule violation shall describe the violations
found at the retailer's location under the terms of this rule.
(d) Corrective Action Plan: The Lottery
retailer shall submit a corrective action plan to the Lottery within 30 days of
the issuance of the letter of rule violation. The Director may extend the
response time for reasons beyond the reasonable control of the retailer. The
plan shall describe in detail how the retailer will comply with this rule. The
Lottery shall notify the retailer of the Lottery's acceptance or rejection of
the plan. If the plan is rejected, the notification shall contain the reasons
for rejection of the plan and the corrections needed to make the plan
acceptable to the Lottery. If the retailer agrees to make the required
corrections, the Lottery shall accept the plan as modified. If a retailer fails
to submit a plan within 30 days of issuance of the letter of rule violation and
has not requested an extension of time to submit a plan, or if a retailer has
requested an extension but the request is denied by the Lottery, the Lottery
may terminate the retailer contract.
(e) Time Line for Implementation of
Corrective Actions: The retailer must complete corrective actions within 90
days of the date the Lottery accepts the retailer's corrective action plan. If
the retailer has not eliminated the violations cited in the letter of rule
violation within 90 days of mailing, but has requested an extension of time,
the Lottery may grant an extension of no more than 90 days. The Lottery will
send a notice of the extension to the retailer and the complainant. Any
extension commences immediately upon expiration of the original 90 day period.
In no event shall the total amount of time exceed 180 days from the date the
Lottery accepts the retailer's corrective action plan.
(f) Notice of Rule Compliance: If the
retailer corrects the violations specified in the letter of rule violation, and
the retailer has provided an updated Wheelchair Accessibility Certification
form certifying full compliance, the Lottery will issue a notice of rule
compliance. Until this notice is issued, a complaint is considered
pending.
(g) Termination: Failure
of the retailer to make timely corrections in compliance with this rule and the
retailer's corrective action plan may result in termination of the retailer
contract.
(6)
Inspections and Audits: The Director may inspect and audit any Lottery
retailer's premises for compliance with this rule at any time including random
compliance audits. The Lottery will conduct the audit and inspection during the
retailer's regular business hours or at such other time as agreed upon by the
retailer and the Lottery. The burden of proof to establish that a retailer's
premises are in compliance with this rule is on the Lottery retailer.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS
461
Stats. Implemented: ORS
461.300
