Current through Register Vol. 63, No. 9, September 1, 2024
(1)
General: When the Lottery issues a contract denial, a key person
denial, or a contract termination order, the denied contract applicant, the
retailer who submitted the denied key person application, or the terminated
Lottery retailer may request that the Lottery reconsider the denial or contract
termination order.
(2)
Form
of Request: Each denial or contract termination order issued by the
Lottery will inform the applicant or the retailer of the right to request
reconsideration of the denial or contract termination order. Each request for
reconsideration must meet the following requirements:
(a) The request for reconsideration must be
submitted in writing within 60 days of the date of the denial or
termination;
(b) The request for
reconsideration must allege either a change in circumstances or it must provide
additional information sufficient to show that the circumstances which are the
basis for the order should not result in denial or termination or are fully
corrected or resolved.
(3)
Lottery's Response: The
Lottery will take one of the following actions on a request for
reconsideration:
(a)
Approval of the
Request: If the Director determines the change in circumstances or
information submitted in the request for reconsideration adequately addresses,
corrects, or resolves the issues which were the basis for the denial or
termination order, the request for reconsideration will be granted, and the
denial or termination order will be rescinded.
(b)
Denial of the Request: If
the Director determines that the change in circumstances or information
submitted in the request for reconsideration does not adequately address,
correct, or resolve the issues which were the basis for the denial or
termination order, the Director will deny the request for
reconsideration.
(c)
Order on
Reconsideration:
(A) If the Director
determines that the information submitted only partially addresses, corrects,
or resolves the issues which were the basis for the denial or termination
order, the Director will issue a new order denying the application or
terminating the contract. The new order, as appropriate, will delete from or
add to the bases for denial or termination in the original order.
(B) If, at any time, the Director determines
that there is an additional basis for denial of a contract or key person
application, or termination of the contract, the Director may issue a new or
amended denial or termination order.
(d)
Director's Determinations:
The Director's determinations are final for purposes of responding to requests
for reconsideration.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4), HB
2237 (2005)
Stats. Implemented: ORS
461.300
