Cal. Code Regs. tit. 11 § 2088

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 2088 - Fiduciary of Eligible Organization - Duties

Every fiduciary designated on the Major League Sports Raffle Eligible Organization Annual Registration Form (BGC 200; Rev. 10/2018) shall be responsible for all of the following:

(a) Ensuring that there is full accountability of all raffle assets including, but not limited to:

(1) All raffle-related products and supplies;

(2) All funds derived from the registered event; and

(3) The distribution of all funds derived from the registered event;

(b) Ensuring that the registered event is conducted in accordance with raffle rules established for the conduct of the raffle, this article, Penal Code section 320.6, and any other applicable federal or state laws;

(c) Ensuring that all records related to the registered event are current and accurate;

(d) Reviewing all reports and correspondence from and to the Bureau;

(e) Signing, and ensuring that, the financial statements from the registered event are maintained by the eligible organization and submitted to the Bureau, if requested;

(f) Responding in writing to violation notices;

(g) Ensuring that all affiliated persons are trained to fully carry out the duties assigned to them and can proficiently operate any equipment necessary for the conduct of their duties; and, are fully informed of all pertinent statutes and regulations associated with the Major League Sports Raffle Program;

(h) Ensuring that the electronic raffle system and all other equipment used to conduct a registered event is properly maintained and functions properly during a registered event, and complies in all other respects with the requirements of this article;

(i) Ensuring that the manual draw is conducted in compliance with the requirements of this article;

(j) Designating themself, or another affiliated person, as a manual draw supervisor;

(k) Ensuring that prior to the manual draw, the gross receipts are tallied and the prize amount is announced;

(l) Ensuring that a registered event is conducted by the eligible organization in the best interests of the public's health, safety, and general welfare; and

(m) Ensuring the information required in section Penal Code section (o)(12) is posted to either the Internet Web site of the eligible organization or the affiliated sports team.

Cal. Code Regs. Tit. 11, § 2088

1. New section filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-18-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2017 order, including amendment of first paragraph, repealer of subsection (g) and subsection relettering, transmitted to OAL 4-17-2017 and filed 5-30-2017; amendments operative 5-30-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 22).
5. Change without regulatory effect amending first paragraph filed 1-16-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 3).
6. Amendment of first paragraph filed 12-31-2018 as an emergency; operative 12-31-2018 (Register 2019, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.
7. Amendment of first paragraph refiled 7-1-2019 as an emergency; operative 7-2-2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.
8. Amendment of first paragraph refiled 9-30-2019 as an emergency; operative 10-1-2019 (Register 2019, No. 40). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 9-30-2019 order, including amendment of subsections (k)-(l), new subsection (m) and amendment of NOTE, transmitted to OAL 9-17-2019 and filed 10-28-2019; amendments operative 10-28-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 44).
10. Change without regulatory effect amending subsection (j) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).

Note: Authority cited: Section 320.6, Penal Code. Reference: Section 320.6, Penal Code.

1. New section filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-18-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2017 order, including amendment of first paragraph, repealer of subsection (g) and subsection relettering, transmitted to OAL 4-17-2017 and filed 5-30-2017; amendments operative 5/30/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 22).
5. Change without regulatory effect amending first paragraph filed 1-16-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 3).
6. Amendment of first paragraph filed 12-31-2018 as an emergency; operative 12/31/2018 (Register 2019, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2019 or emergency language will be repealed by operation of law on the following day.
7. Amendment of first paragraph refiled 7-1-2019 as an emergency; operative 7/2/2019 (Register 2019, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2019 or emergency language will be repealed by operation of law on the following day.
8. Amendment of first paragraph refiled 9-30-2019 as an emergency; operative 10/1/2019 (Register 2019, No. 40). A Certificate of Compliance must be transmitted to OAL by 12-30-2019 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 9-30-2019 order, including amendment of subsections (k)-( l), new subsection (m) and amendment of Note, transmitted to OAL 9-17-2019 and filed 10-28-2019; amendments operative 10/28/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 44).
10. Change without regulatory effect amending subsection (j) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).