Current through Register Vol. 63, No. 9, September 1, 2024
(1) Application and Limitations: The Lottery,
in its discretion, may agree to an alternative dispute resolution process to
resolve a dispute between a retailer and the Lottery subject to the following
limitations:
(a) No Surrender of Authority:
The Lottery will not agree to any process in which its ultimate settlement or
decision making authority is given to a third party.
(b) Voluntary Process: All participants must
voluntarily agree to the use of an alternative dispute resolution process. The
process is voluntary and the Lottery and any other participant may withdraw
from the process at any time and for any reason.
(c) Mediator: A mediator does not represent
the interests of any of the participants including the Lottery, may not offer
legal advice, and has no decision making power to determine facts or impose a
resolution, settlement, or other decision on the participants.
(d) Settlement: Nothing in this rule
obligates the Lottery to agree to an alternative dispute resolution process to
resolve a dispute, to offer funds to settle any dispute or controversy, to
accept a particular settlement or resolution, to alter its standards for
accepting settlements, to submit to binding arbitration, or to alter any
existing delegation of settlement or litigation authority.
(e) Alternative Dispute Resolution Precluded:
An alternative dispute resolution process may not be used if a contract
termination is issued under the circumstances described in subsection (3)(b) of
this rule.
(f) Legal Action Filed:
An alternative dispute resolution process as described in this rule may not be
used if a legal action has been filed in court covering the same subject
matter.
(2)
Prerequisites: Before Lottery will consider the use of an alternative dispute
resolution process as described in this rule for a dispute resulting from a
contract denial, a key person denial, or a contract termination, the contract
applicant or the retailer must first have requested reconsideration under the
process provided in OAR 177-040-0300. If the Lottery agrees to an alternative
dispute resolution process, the Lottery, in its sole and absolute discretion,
may stay the denial or the termination order pending completion of the
process.
(3) Mediation: When a
retailer has complied with section (2) of this rule, a retailer may request
mediation. The request is subject to section (1) of this rule and the
following:
(a) Factors to Consider: The
Lottery may consider the factors set forth in OAR 137-005-0020 before agreeing
to mediation.
(b) Contract
Termination Actions Where Mediation Precluded: The Lottery will not agree to
mediation if a contract termination is issued under the following
circumstances:
(A) OLCC Suspension or
Termination: The OLCC has terminated a video lottery retailer's liquor
license.
(B) Other: Any of the
bases for mandatory denial specified in OAR 177-040-0010(3)(a) apply.
(c) Written Agreement: If the
Lottery agrees to mediation, the Lottery and the retailer must enter into a
written agreement to mediate as described in OAR 137-005-0030.
(d) Time Limit: For a dispute resulting from
a contract denial, a key person denial, or a contract termination, a request
for mediation must be made within 10 days of issuance of the order upon
reconsideration or a denial of reconsideration under OAR 177-040-0300. The
Lottery will respond to the request within 7 business days. A request for
mediation does not toll the 60 day period for requesting judicial review under
ORS
183.484,
unless the Lottery agrees to mediation and the contract termination order is
withdrawn. The mediation process must be concluded within 60 days of the
request.
Statutory/Other Authority: ORS 461 & OR Const. Art. XV
& Sec. 4(4)
Statutes/Other Implemented: ORS
461.300
